TERMS AND CONDITIONS OF SALE

Please read these Terms and Conditions carefully before using the Service.

These General Terms and Conditions of Sale are agreed between Madeira & Martinho Lda, headquartered at Rua Garrett nº61, 1200-203, Lisbon, legal person nº 500509344, with the commercial name and hereinafter referred to as “Pequeno Jardim” and between any person who wishes to make a purchase through the online store, www.pequenojardim.com, hereinafter referred to as the “Customer”.

The purchase of any product at the Pequenojardim.com online store implies acceptance of these general conditions of use and contracting. If you do not agree with them, you must refrain from placing any order.

the client  you must provide the small garden with an e-mail address or address, or the data relating to another form of contact, which are correct and complete and you accept that the small garden can contact you using these data, if it deems it appropriate.

For additional information or to clarify any doubts, you can contact us at info@pequenojardim.com or +351 213 422 426.

 

1. PRODUCT AVAILABILITY

All orders are subject to the availability of your products (flowers). We will compose the flower arrangements as similar as possible to the images associated with the order, however, as some flowers are not available all year round, we will replace them with similar ones, respecting the shape, color and value of the flowers in question. .

All our products are handcrafted, therefore, it is not possible to produce a linear production exactly the same as your photograph and exhibition on our website.

In cases where Pequeno Jardim is unable to ensure the delivery of the product purchased by the Customer, it will credit the amount spent by the Customer, using the same payment method used by the Customer.

 

2. ORDER CANCELLATION CONFIRMATION

Orders will only be considered valid after confirmation of payment. From that moment on, compliance with delivery times is observed.

As soon as you complete your purchase, you will receive an automatic email confirming the transaction. If the data is not correct, you can immediately request its change or even the cancellation of the purchase made.

In case of non-confirmation of payment or non-compliance with these General Sales Conditions and Terms, Pequeno Jardim reserves the right not to accept your order or to cancel it in whole or in part, even after the automatic confirmation of the order.

Considering that the products sold through Pequenojardim.com  are, for the most part, personalized and perishable products, the Customer may cancel the order placed, provided that it does so up to 48 hours before the scheduled time for the respective delivery.

In case of cancellation, it will be returned to the Customer, through the same payment method:

  • 100% of the value of the order if canceled between 48 hours and 24 hours before the scheduled delivery time;

  • 50% of the order value if canceled between 24 hours and 12 hours before the scheduled delivery time;

  • In case of cancellation less than 12 hours before the scheduled delivery time, there will be no refund.

To request the cancellation of the order, the customer must contact by email to info@pequenojardim.com or by phone to +351 213 422 426.

Pequeno Jardim may not validate the order that does not have a sufficient guarantee of good collection, when the order is incomplete or incorrect, when the address is in a remote location and delivery in a timely manner is impossible, or when the ordered products are no longer available. . In any of the aforementioned cases, Pequeno Jardim will inform the customer via email that it did not proceed with the sale, specifying the reasons for doing so.

If an order has been placed and the corresponding payment has been made, for products that have since become unavailable, Pequeno Jardim will refund the money paid for the unavailable items.

Pequeno Jardim reserves the right to refuse any order, regardless of the reason and is exempt from liability for any damages or costs, as well as reserves the right to cancel any purchase even if it has already been accepted or confirmed by Pequeno Jardim, namely in the following situations:

  • The information contained in the information provided by the customer is not correct or verifiable;

  • The order is flagged by the site's Security Systems as an incorrect, irregular order, or an order susceptible to fraud;

  • When it is not possible to deliver the order to the address provided by the customer.

  • If you consider that the client did not have the capacity to perform that act;

  • If it is found that there was an error in the presentation of the price of the product(s).

 

3. PRICE

The price of products available online is always indicated in euros, including VAT at the legal rate in force. Although Pequeno Jardim seeks to ensure that all prices indicated in the online store are correct, errors may occur. If Pequeno Jardim finds that the price of a product included in an order is wrong, it will inform the Customer as soon as possible, giving them the choice between reconfirming the order at the correct price or canceling it.

The costs are calculated at the check-out process and presented to the Customer in these steps before finalizing the order.

 

4. PAYMENT METHODS AND SECURITY GUARANTEES

The available payment methods will be displayed on the Pequenojardim.com online store. If payment is not possible using the methods presented, you should contact us by email (info@pequenojardim.com), in order to analyze the possibility of granting another form of payment.

After confirming the order, the Customer will find several payment options available in their shopping cart, being able to choose the one that best suits them, among the following: Debit/Credit Card or Paypal.

You can also pay your order by bank transfer, requesting the Pequeno Jardim IBAN by email, if the customer chooses this way, he must send proof of payment by email (info@pequenojardim.com), which must include the order reference. We will only start processing the order after receiving proof of payment.

We urge you not to attempt payment by any other means not specified in the Pequenojardim.com online store. If you try, Pequeno Jardim cannot be held responsible for the loss of payment or any other damages that may arise.

This information is confidential and will not be used by Pequeno JArdim, except to carry out the necessary procedures for purchase or refund (in case of return).

 

5. DELIVERIES

We deliver within the Municipalities of Lisbon, Oeiras, Cascais, Sintra, Odivelas, Loures, Amadora, Almada and Seixal, with the respective costs being applied, depending on the intended delivery location.

We work with a network of partners at a national and worldwide level, if you want a delivery in a place not demobilized by Pequenojardim.com, you should contact us to check availability with our partners and associated prices.

When placing your order, ensure that the address is completely correct, that it includes a valid mobile phone number and that there is a recipient to receive it. Pequeno Jardim disclaims any responsibility for any delay or impossibility of processing the order resulting from an error or insufficiency of the data communicated by the customer, namely at the time of delivery. If the order is returned to the store, a new delivery will be charged.

Any delay in the shipment of items, in relation to the estimated dates presented, does not entitle the Customer to any compensation. Possible reasons for the delay may include, but are not limited to:

  • Product customization;

  • Specialized products;

  • unforeseen circumstances;

  • Delivery place.

 

SAME DAY DELIVERY

To estimate the total time until the receipt of an order, you must take into account, to start the count, the date of receipt of payment for the same.

If, for any reason, Pequeno Jardim is unable to deliver, the Customer will be informed accordingly and will be given the option of keeping the order by extending the delivery period or canceling it with the right to a refund. total.

VERIFICATION AT THE TIME OF DELIVERY

Upon receiving the order, the Customer must verify that it is in perfect condition. Without prejudice to your rights under the law, in the event of any anomaly, namely damage or missing items, upon delivery of the order, the Customer must receive the order and file a claim with the carrier, as well as contact with the Pequeno Jardim up to a maximum of 24 hours.

IMPOSSIBILITY OF DELIVERY

If the order cannot be delivered by the carrier, it will be sent back to the Pequeno Jardim store. The customer will be contacted in order to reschedule the new delivery.

In the event that the recipient does not exist, or refuses to receive your order, there is no right to return, as there are costs associated with the delivery of each order and it is prepared with fresh flowers, preventing its reuse.

If the customer is not available to receive the order on the previously agreed day, he should contact Pequeno JArdim to schedule a new convenient date.

The order will always be delivered to the addressee stipulated in the order data, if it is not available, our drivers will try to leave the order in a safe place, with neighbors, family members or building ordinances, but in any case we will follow the customer instructions and we will proceed as requested, always contacting you in case of impossibility.

 

6. QUALITY AND WARRANTY

Pequeno Jardim only sells quality items on the Pequenojardim.com online store and will never sell second-hand products, or products of lesser quality than existing market standards.

The products offered for sale on the Pequenojardim.com online store may not exactly match the displayed image and colors, especially due to the internet browser and monitor used.

The products cannot be exchanged, nor can the sales contract be terminated with the consequent refund of the amounts paid, unless the existence of a defect is proven.

In the event of a defect in the product, any replacement will imply the return by the customer of the product purchased, with the return and return costs being borne by the customer.

Non-perishable products enjoy the legal guarantee in force, so the Customer can exercise their rights under the same by presenting proof of purchase.

 

7. USER OBLIGATIONS

The User must comply with these Terms & Conditions. Each User undertakes, in particular, to:

  • Do not make false statements;

  • Provide correct information regarding personal data and address so that the order can be processed correctly.

  • The User is responsible for the veracity of the data communicated to Pequeno Jardim and is also responsible for inserting any changes thereto.

Pequeno Jardim declines any responsibility for any delay or impossibility of processing the order, namely in the act of delivery, resulting from error or insufficiency of the data communicated by the User.

  1. LIABILITY AND EXCLUSIONS

Pequeno Jardim will only be liable for damages suffered by the Customer in the event that such damages result from breaches attributable to Pequeno Jardim's contractual obligations towards the Customer or in the event that liability arises from the applicable legal law.

In the event that the customer has suffered damages related to the activity of the website, Pequeno Jardim's liability will be limited to damages to the products of the Pequenojardim.com online store and to reasonable and verifiable costs incurred by the Customer due to the breach by part of the Small Garden of these General Terms and Conditions of Sale.

Pequeno Jardim cannot be held responsible for damages suffered by third parties resulting from the use of any of our products and/or for damages suffered by Cliwntw as a result of improper use of our products.

PEquneo JArdim declines any responsibility in case of violation of the legislation of the country where the order is delivered. It is up to the Customer to verify with the local authorities the  conditions of use of the products you wish to order.

 

8. PERSONAL DATA

In compliance with the Law No. 58/2019, of 08/08 on the Protection of Personal Data, we inform that the processing of personal data collected on the site www.pequenojardim.com with is the responsibility of Wood & Martinho, Lda. Personal data are processed by computer, intended for shipments corresponding to your orders, respective administrative support and statistical purposes. The holder is guaranteed the right to access, rectify, change or delete their personal data; to do so, simply contact Pequeno Jardim by e-mail indicating the name, surname, address and/or e-mail address.

 

9. INTELLECTUAL PROPERTY AND COPYRIGHT

The Client acknowledges and accepts that corporate names, brands and distinctive signs reproduced on the website www.pequenojardim.com are protected under the legal provisions applicable to industrial property. The reproduction or representation of all or part of any distinctive signs is strictly prohibited and must be subject to prior written authorization from the trademark owner.

In the same sense, all elements on the site, including the underlying technology, are protected by copyright, and are the exclusive property of Pequeno JArdim, or its suppliers, so Users are prohibited from using the information and/or materials contained therein, including reproduction, modification, distribution or republication.

 

10. EVENTS OUTSIDE THE SELLER'S CONTROL

Pequeno Jardim will not be liable for failure to comply, or delay in performance, of any obligation under the Contract that is due to an event beyond its reasonable control ("Force Majeure Event").

A Force Majeure Event comprises any event, act or omission beyond the reasonable control of the Seller and includes, in particular (but not exclusively), the following:

  • Strikes, lockouts and other labor actions that affect relevant postal or transport services;

  • Civilian uprisings, riots, invasions, or threat of war;

  • Earthquake, epidemic, pandemic or other natural disaster;

  • Impossibility of using rail, sea, air, road or other public or private means of transport;

  • Impossibility of using public or private telecommunications networks;

  • Government laws, decrees, regulations or restrictions;

Pequeno Jardim's obligation to comply with any contract may be suspended for the duration of a Force Majeure Event and give rise to an extension of the respective term equivalent to that duration.

Pequeno JArdim will, however, make every effort to put an end to a Force Majeure Event, or to find a solution that allows the fulfillment of its contractual obligations despite its existence.

 

11. APPLICABLE LAW AND JURISDICTION

The present Conditions and Terms of Sale and all emerging disputes that are related to these general conditions, including their validity, the use of the Pequenojardim.com online store or any purchase therein, are subject to Portuguese legislation. Any conflict or divergence of interpretation of these conditions will be submitted to the exclusive jurisdiction of the Portuguese court with territorial jurisdiction.

In the event of a dispute regarding the interpretation or execution of these General Terms and Conditions of Sale, Pequeno Jardim and the Customer undertake to endeavor to obtain an amicable solution, which is fair and adequate, within a maximum period of 60 (sixty) days from the receipt of the communication addressed for this purpose by any of the parties involved.

  In the absence of an amicable solution, pursuant to the provisions of the previous number, and in the event of non-compliance with these Conditions and General Terms of Sale, both parties agree to submit any dispute arising from the application, interpretation or performance of this Agreement to the jurisdiction of district of Lisbon, with express waiver of any other.

 

12. CHANGE IN THE CONDITIONS AND GENERAL TERMS OF SALE OF THE ONLINE STORE FLORISTA.PT

Pequeno Jardim has the right to change these General Terms and Conditions of Sale at any time. The Customer is subject to the principles and terms in force on the date of his order, unless the law or competent authority imposes any change thereto.

 

Last update: Lisbon, January 18, 2022