GENERAL TERMS AND CONDITIONS

1. Identification of the Store Owner (https://elyflowers.com)

The company Elizabeth Lima - Florista, Arte e Decoração, Unipessoal, Lda., NIPC 506435040, headquartered at Rua do Comércio, 31 - 8135 -124 Almancil, destined to the commerce of plants, flowers and decoration articles, hereinafter referred to as Ely Flowers, Weddings & Events , is the legitimate owner of the online store elyflowers.com, whose domain can be found at https://elyflowers.com.

2. Customer Service

For further information or to clarify any doubts, you can contact us by e-mail ely.store@elyflowers.com or by phone +351 289 399 411 (Call to national landline) or mobile phone +351 914 135 292 (Call to national mobile network).

3. Object and Scope of Application

3.1. These General Terms and Conditions of Sale regulate exclusively the purchase and sale made on the online store elyflowers.com, between the Final Consumer as buyer and Ely Flowers, Weddings & Events as a seller, and apply to all visitors to the elyflowers.com online store, as well as to any commercial transaction made through this online store.

3.2. The navigation, as well as the purchase of any product on the online store elyflowers.com, implies the acceptance of the present general conditions of use and contracting.

3.3. Ely Flowers, Weddings & Events reserves the right to change these conditions of use and contracting, at any time and without previous notice, as well as to modify at any time the information and commercial offers presented on products, prices, promotions, deliveries, commercial conditions and services, any changes will always be published on the elyflowers.com online store.

3.4. The final consumer must provide Ely Flowers, Weddings & Events with an e-mail or postal address or other contact information that is correct and complete and accepts that they can and will be contacted by Ely Flowers, Weddings & Eventss using this information, should it deem appropriate.

4. Information on Contents of the online store elyflowers.com

4.1. The elyflowers.com online store is intended for private use only, and the reproduction, transfer, distribution or storage of the contents of the elyflowers.com online store without prior written permission is prohibited for any purpose other than strictly personal use.

4.2. It is expressly prohibited the introduction of links of our site for commercial purposes or without previous authorization of Ely Flowers, Weddings & Events, as well as the use of the domain www.elyflowers.com with abusive purposes which will be susceptible to the recourse to competent legal means on the part of Ely Flowers, Weddings & Events.

4.3. In the event that you find links that allow you to access the elyflowers.com online store on other sites or references to the elyflowers.com online store, we inform you that Ely Flowers, Weddings & Events has no responsibility whatsoever for the links or pages, nor the contents inscribed therein.

4.4. All contractual information is written in Portuguese, as well as the information of the articles, communications by e-mail and formalization of the sale.

5. Commercial Policy and Deliveries

5.1. We will always try to replicate as close as possible the photograph associated with the order chosen by the client, however since some flowers are not available all year, they will be replaced by similar ones or ones of higher value, always respecting the aesthetic format of the arrangement. When this is not possible, we will contact our customers to inform them of the situation and find a solution for a new flower arrangement. If the customer does not agree with the proposed changes, he will immediately be reimbursed and will also be entitled to terminate the sales contract in accordance with the applicable legal terms, returning or collecting the product and refunding the amount paid on the purchase.

5.2. The photographs displayed on the website are merely illustrative. Therefor, the photograph may not correspond to the actual size and detail of the product, since each product is handmade thus not allowing a linear reproduction of exactly the same as the photograph available on our website.

5.3. Prices and product specifications are subject to change without notice. Despite the high care in maintaining all updated information, some products may contain an incorrect price, so we will check prices whenever we process the orders. If the price of the product is lower than the advertised price, we will refund the difference. If the price is higher, we will inform the Final Consumer by email and we will await your decision to accept the new proposal or cancel the order.

5.4. The validation of the purchase order or order assumes that the Buyer has knowledge and accepts the General Terms and Conditions of Sale of the online store elyflowers.com.

5.5. Ely Flowers, Weddings & Events may assign you an account identification password to allow access to and the use of certain parts of this website. Whenever you use this password, you are deemed to be authorized to access and use this website in accordance with the general terms and conditions. Ely Flowers, Weddings & Events has no obligation to investigate the authorization or origin of any access or use of the website.

5.6. The ordering of products must be made by Users aged 18 (eighteen) years or over (individuals under this age must have authorization from their respective representatives). The elements and information transmitted by the User will enjoy full legal effects, recognizing the User's electronic purchases, and cannot claim the lack of signature for non-compliance with the obligations assumed.

6. Obligations of Customers and Users

6.1. Any visitor to the online store elyflowers.com undertakes to comply with and comply with these general conditions, namely observing the following obligations:

A. It is prohibited to introduce, store or broadcast through the online store elyflowers.com defamatory, obscene, insulting, xenophobic and / or any other content that violates the general principles of law and public order;

B. Save and not disclose your password to the site in order to prevent third parties from accessing your account and personal data;

C. Do not use false identities;

D. Grant your personal data and correct addresses so that Ely Flowers, Weddings & Events can process the orders properly;

6.2. The final consumer is solely responsible for the accuracy of the personal data communicated to Ely Flowers, Weddings & Events and undertakes to immediately insert and report any change through its registration account on the online store elyflowers.com or by phone contact.

6.3. Ely Flowers, Weddings & Events will not be held responsible for any delay or impossibility of processing the order due to error or insufficiency of the data provided by the Final Consumer, namely at the time of delivery.

6.4. Ely Flowers, Weddings & Events reserves the right to refuse to serve, close accounts and / or cancel orders at its discretion, without limitation, if it believes that the conduct of the customer violates the applicable laws or is detrimental to the interests of Ely Flowers, Weddings & Events.

7. Online Ordering

7.1. To place an order in the elyflowers.com online store it is necessary that the user has a valid and frequently used e-mail account, not needing any customer registration with login and password, simply insert in the shopping cart all the necessary and requested data in order to guarantee the success of the delivery of the order.

7.2. Placing an order in the elyflowers.com online store is very easy:

- Browse the categories of products that elyflowers.com offers you and find the product (s) you want to buy.

- Add the product you want to buy, to the shopping cart symbol.

- If you have a discount, enter the respective code.

- Select the delivery zone to calculate the estimated delivery costs.

- Finish the purchase by clicking "Finish purchase".

- Then fill in your personal data in a very simple form, as well as the data for delivery (attention in filling in the correct address).

- Then select the mode of payment.

- Proceed with payment, confirming the order.

- Finally, you will receive an order confirmation via e-mail.

7.3. As soon as you complete your purchase, you will receive an automatic email confirming the transaction. We suggest you print or download this copy for future reference. If the data is not correct, you can immediately request its modification or the cancellation of the purchase made.

7.4. In case of non-confirmation of payment or non-compliance with these General Terms and Conditions, Ely Flowers, Weddings & Events reserves the right to not accept your order or to cancel it in whole or in part, even after automatic confirmation of it.

8. Deliveries, Product Availability and Confirmation / Cancellation of Purchase Order

8.1. Ely Flowers, Weddings & Events only processes an order placed by a customer upon confirmation of their payment, and therefore cannot guarantee the availability of the items until the beginning of the process.

8.2. The order will always be delivered to the consignee stipulated in the order data, if the recipient is not available, our drivers will try to leave the order in a safe place, such as neighbors, relatives or building ordinances, but in all cases,  we will follow the instructions and we will proceed as requested, contacting you whenever necessary.

8.3. We can only guarantee the good delivery of an order if the delivery address of the products is correct as indicated by the User.

8.6. All purchases made through the elyflowers.com online store is destined to the Algarve area.

8.7. The products ordered in elyflowers.com online store will be sent and delivered on weekdays, from Monday to Saturday and Sundays with prior confirmation.

8.8. Deliveries of flowers at the weekend, in particular on Sundays and, in certain places, may not be possible. If you need a flower delivery for a Sunday, please contact us first by phone (+351 914 135 292 (Call to national mobile network)) or email (ely.store@elyflowers.com), in order to check the availability of the delivery to the required destination.

9. Confirmation or Cancellation of Purchase Order

9.1. Ely Flowers, Weddings & Events may not validate an order that does not have sufficient guarantee of good collection, when the order is incomplete or incorrect, when the address is in a remote location, it is impossible to be delivered in a timely manner, or when the ordered products are no longer available. In any of the cases mentioned, Ely Flowers, Weddings & Events will inform via e-mail the Final Consumer that the contract of sale was not made, therefor Ely Flowers, Weddings & Events did not proceed with the sale, specifying the reasons for such.

9.2. If an order and payment have been made, for products that have become unavailable, Ely Flowers, Weddings & Events will reimburse the money paid for the unavailable items, provided that the Final Consumer does not accept another proposal made by Ely Flowers, Weddings & Events.

9.3. Ely Flowers, Weddings & Events reserves the right to refuse any order, regardless of the reason and is free of any responsibility for any damages or costs, as well as Ely Flowers, Weddings & Events reserves the right to cancel any purchase even if it has already been accepted or confirmed by you, 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 Security Systems as an incorrect, irregular order or an order that is susceptible to fraud;

- When the transfer of payment for the order was not received within 2 working days of acceptance of your order;

- When it is not possible to deliver the order to the address provided by the User;

- If it considers that the Buyer 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).

10. Cancellations of Orders

10.1 Prior to shipment, the Buyer may cancel the order of products. If the User places an order and intends to cancel it, he / she must first contact our store by questioning the status of the order and only if it has not already been sent, he / she can request the cancellation of his / her order.

11. Payment Terms and Security Guarantees

11.1. The available forms of payment can be found in the online shop elyflowers.com, namely PayPal, Wire Transfer and MB Way. If it is not possible to pay through the forms presented, you should contact us by e-mail (ely.store@elyflowers.com) in order to analyze the possibility of granting another form of payment.

11.2. If the Final Consumer chooses payment by bank transfer, the proof of payment must be sent by e-mail (ely.store@elyflowers.com), in which the order reference must be included. We will only begin processing the order upon receipt of the amount in our account.

11.3. Please be advised that should you attempt to pay by any other means not specified in the elyflowers.com online store, Ely Flowers, Weddings & Events will not be held responsible for the loss of payment or any other damages that may arise.

12. elyflowers.com Online Store Security and All Transactions

12.1 The elyflowers.com online store uses security technologies available for encryption platforms. All payment information you provide will be encrypted from the time of your initial transaction to the time the order is processed and will not be stored on any public server.

12.2 Although we use encryption software, any payment transmitted over the Internet, or via e-mail, carries some risks, especially when the User does not take the necessary precautions and does not assume the proper conduct of responsibility.

12.3. Ely Flowers, Weddings & Events will not be held liable for any damage suffered as a result of the use of electronic means of communication, namely damages resulting from failures or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or computer programs used for communications or virus transmissions.

13. Prices and Billing

13.1. The prices of products sold by Ely Flowers, Weddings & Events are based on values ​​calculated in Euros (€). Prices displayed in other currencies are converted from the Euro according to the latest exchange rate. Due to floating exchange rates, prices displayed in a currency other than the euro may not be up to date.

13.2. The prices of the products displayed in elyflowers.com online store include VAT.

13.3. The total price specified in the final menu includes taxes and shipping costs. Prices are quoted at the time of order confirmation. Please only transfer the exact amount specified in the order confirmation and make individual transfers by order.

13.4. Shipping rates for Continental Portugal and its Islands are already included in the price shown on the products.

13.5. Prices are broken down in Euros and any change in the country of delivery of the order may have an influence on the prices due to the transportation costs.

13.6. With the order placed on our online store you will be issued with the appropriate invoice with a program certified by the Tax Authority.

14. Cost of Delivery

14.1. Orders placed on our online store will have an additional cost corresponding to the number of kilometers required to deliver the order.

14.2. Delivery costs are included in the final price of each product.

14.3. We offer the amounts charged as postage by Ely Flores:

Free postage from 50,00 €

 15. Quality and Warranty

15.1. Ely Flowers, Weddings & Events will only sell quality articles in the elyflowers.com online store and will never sell second-hand or substandard products.

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

16. Liability

16.1. Ely Flowers, Weddings & Events will only be responsible for the damages suffered by the Buyer in the event that such damages result from violations attributable to the contractual obligations of the same to the Final Consumer, or in the case of liability resulting from the right applicable.

16.2. In the event that the Buyer has suffered damages related to the activity of the site, Ely Flowers's liability will be limited to damages in the products of the online store and at reasonable and verifiable costs incurred by the Buyer due to of the violation by Ely Flowers, Weddings & Events of these General Terms and Conditions of Sale.

16.3. Ely Flowers, Weddings & Events will not be held responsible for damages suffered by third parties resulting from the use of any of our products or for damages suffered by the Buyer as a consequence of improper use of our products.

16.4. Ely Flowers, Weddings & Events is not liable for damages resulting from incorrect information on the site.

16.5. All products sold in elyflowers.com online store are in compliance with Portuguese and its Community legislation.

17. Intellectual and Industrial Property

17.1. All texts, graphs, comments, works, slogans, illustrations, works and images reproduced or represented in the elyflowers.com online store are strictly reserved under the copyright and intellectual property rights, all over the world.

17.2. Accordingly and under the terms of the Intellectual Property Code, the use of information for private purposes is permitted only subject to contrary provisions including more restrictive provisions contained in the Code.

17.3. Any reproduction or total or partial representation of the elyflowers.com online store, in whole or in part, of the elements included in it is strictly prohibited.

17.4. The social denominations, trademarks and distinctive signs reproduced on the elyflowers.com online store is protected in accordance with the legal provisions applicable to industrial property. Reproduction or representation of all or part of any distinctive signs is strictly prohibited and must be subject to prior written consent by Ely Flowers, Weddings & Events.

17.5. If you want to use information or materials on the site, you must obtain prior written authorization from Ely Flowers, Weddings & Events.

17.6. You must not use the content of the website in order to denigrate or discredit Ely Flowers, Weddings & Events or to prejudice, create confusion or violate applicable law and / or regulations.

18. Typographical errors

18.1. WhileEly Flowers, Weddings & Events strives to provide accurate product information and prices, typographical errors may occur. Ely Flowers, Weddings & Events will not be able to confirm the price of an item until the order is placed. If the selected products contain incorrect information or prices due to typographical error, Ely Flowers, Weddings & Events will have the right, at its option, to refuse or cancel any request made for such product or products. In that case, Ely Flowers, Weddings & Events, Weddings & Events will contact you with a view to obtaining instructions or to cancel the order and notify you of such cancellation.

19. Governing Law

19.1. These General Terms and Conditions of Sale and all emerging litigations that are related to these general conditions, including their validity, use of the online store or any purchase through it should be governed by Portuguese law.

19.2. In the event of a dispute regarding the interpretation or execution of these General Terms and Conditions of Sale, Ely Flowers, Weddings & Eventss and the Purchaser undertake to endeavor to obtain an amicable solution, which is fair and adequate, within the term maximum of 60 (sixty) days counted from the receipt of the communication addressed to that effect by any of the parties involved.

19.3. In the event of consumer disputes, the consumer may use the European online dispute resolution platform available at https://webgate.ec.europa.eu/odr. For more information on the platform see http://cec.consumidor.pt/topicos1/content-resolution-conflict-conflicts-online. To know the entities of Alternative Dispute Resolution registered consumers, see the Consumer Portal at www.consumidor.pt.

19.4. In the absence of an amicable settlement, under the terms of the preceding paragraph, and in case of breach of these General Terms and Conditions of Sale, both parties establish as the competent court the Judicial Court of the Comarca de Faro, expressly renouncing any other.

20. Alteration of the General Terms and Conditions of Sale of the Online Shop elyflowers.com

Ely Flowers, Weddings & Events reserves the right to change these General Terms and Conditions of Sale at any time. The Purchaser is subject to the terms and conditions in force at the time of ordering, unless the law or competent authority imposes any changes thereto.

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