1. Object of the General Store Conditions
1.1. These General Conditions are intended, together with the order form and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Online Shop Service by Tulipa, a company owned by Ana Maria Pinto Lda, with registered offices at Rua 31 de Janeiro, 81, Loja 4, 9000-027 Funchal , hereinafter referred to as.
1.2. The Service consists of providing access to the Online Shop via the address www.atulipa.com which, in addition to providing information on a range of products and/or services, allows the User to electronically order the products advertised therein, under the terms and conditions described herein.
1.3. Product orders must be placed by Users aged 18 (eighteen) or over (individuals under this age must have the authorization of their representatives). The elements and information transmitted by the User will enjoy full legal effect, with the User acknowledging the electronic purchases, and the User may not allege the lack of signature for breach of the obligations assumed.
2. Rights as a seller
2.1. The company reserves the right to cancel or suspend any delivery if it is not made in accordance with the conditions explained.
2.2. In view of the seasonal and perishable nature of most of the items on the website, we reserve the right to replace or change any item in the event of its unavailability, whether in kind, color or variety. However, it guarantees the value and balance of its composition, without prejudice to the customer.
2.3. The company reserves the right not to make the delivery if the recipient refuses it, or is absent and it is not possible to make it to someone who replaces him/her.
2.4. Orders will be considered to have been placed once payment has been confirmed. From that moment on, the delivery timings will be observed.
2.5. The company reserves the right to contact the buyer whenever this becomes indispensable for the optimal provision of the service to be carried out.
2.6. The company reserves the right to keep the identity of its clients confidential unless they request otherwise.
3. Rights as a Buyer
3.1. The buyer has the right to have the confidentiality and privacy of the data, information or indications they provide respected.
3.2. The buyer has the right to request the reshipment of an order whenever it does not arrive due to their responsibility, only having to pay the cost of delivery (when requested), up to a maximum of three attempts.
4. Product and Content Information
4.1. Tulipa will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur. If you purchase a product that has different characteristics to those presented online, you have the right to withdraw from the purchase contract under the applicable legal terms (right of withdrawal – see point 10).
4.2. Tulipa will do its utmost to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult for Tulipa to control, such as human error or computer system failures, some of the products ordered by the User may not be available. If a product is not available after you have placed your order, you will be notified by email or telephone. You will then be offered the chance to cancel the order with a refund, if you have already paid for it.
4.3. All information about prices, products, specifications, promotional actions and services may be changed at any time by Tulipa.
5. Responsibilities
5.1. All products and services sold in the Tulipa Online Shop are in accordance with Portuguese law.
5.2. The Store has adequate security levels, however Tulipa shall not be liable for any damages suffered by the User and/or third parties as a result of delays, interruptions, errors and suspensions of communications caused by factors beyond its control, in particular, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or resulting from the downloading (“download”) through the service of files infected or containing viruses or other properties that may affect the User’s equipment. If for any reason access to the atulipa.com Online Shop website is not possible, Tulipa shall not be liable for any damages.
5.3. Data and information queries made within the scope of this Service are presumed to have been made by the User, and Tulipa declines any responsibility arising from the abusive or fraudulent use of the information obtained.
5.4. Tulipa shall not be liable for any loss or damage caused by misuse of the Service which is not directly attributable to it by way of intent or gross negligence.
5.5. Tulipa shall not be liable for any loss or damage arising from the non-fulfilment or defective fulfilment of the Service when this is not directly or indirectly attributable to it by way of intent or serious fault, and shall not be liable in particular for
(i) errors, omissions or other inaccuracies relating to the information made available through the Service;
(ii) damages caused by the fault of the User or third parties, including intellectual property violations
(iii) non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities; or
(iv) for non-fulfillment or defective fulfillment resulting from the occurrence of situations of force majeure, i.e. situations of an extraordinary or unforeseeable nature, external to Tulipa and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by Tulipa that prevent or impair the fulfillment of the obligations assumed.
5.6. Tulipa does not warrant that:
i) the Service is provided on an uninterrupted basis, is secure, error-free or works infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User in relation thereto;
iii) any material obtained in any way through the use of the Service is used at the User’s own risk and the User is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from such operation.
iv) no advice or information, whether oral or written, obtained by the User from or through the Service shall create any warranty that is not expressed in these General Conditions.
5.7. The User accepts that Tulipa can in no way be held liable for any damages, including but not limited to damages for loss of profits, data, content, or any other losses (even if it has been previously advised by the User of the possibility of the occurrence of such damages), resulting from:
i) the use or inability to use the Service;
ii) the difficulty of obtaining any substitute goods/services;
iii) unauthorized access or modification of personal databases.
6. Consumer obligations
6.1. The user undertakes to:
i) Provide correct personal data, addresses and contact details;
ii) Not use false identities;
iii) Respect the order limits imposed.
6.2. If any of the data is incorrect, or insufficient, and for this reason there is a delay or impossibility in processing the order, or possible non-delivery, the responsibility lies with the User, and Tulipa declines any responsibility. In the event that the consumer violates any of these obligations, Tulipa reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by Tulipa to the same User; and also not allow future access by the User to any or all services made available by Tulipa.
6.3. It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of reselling goods.
7. Privacy and Personal Data Protection
7.1. Tulipa guarantees the confidentiality of all data provided by Users.
7.2. The personal data identified on the order form as having to be provided is essential for Tulipa to provide the Service. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in Tulipa refusing to provide the Service.
7.3. The User’s personal data will be processed and stored by computer and is intended to be used by Tulipa within the scope of the contractual and/or commercial relationship with the User.
7.4. Under the terms of the applicable legislation, the User is guaranteed, free of charge, the right to access, rectify and update their personal data, directly or by written request, as well as the right to object to its use for the purposes set out in the previous paragraph, and for this purpose should contact the entity responsible for processing personal data: Alencastre Group.
7.5. The Internet is an open network, so the User’s personal data, other personal information and all the content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessed and used by unauthorized third parties, and Tulipa cannot be held responsible for such access and/or use.
8. Delivery/Availability and Consumption
8.1. Orders are delivered no later than 3 working days after placing the order. Delivery is carried out by the company itself.
8.2 Shipping costs may be added to the order, which can be checked when checking out the cart.
8.3 The service will be available once payment has been confirmed.
9. Cancellation of orders
9.1. At the User’s request
The User can cancel their order by contacting Tulipa at the telephone number or by e-mail with the order number, which will be accepted as long as the order has not yet been processed. Once the order has been processed, Tulipa will try to deliver it, but the User has the option of not accepting it.
In order to cancel, the User must provide Tulipa with the following information:
a) Order number
b) NIF / VAT with which you placed the order and delivery address
9.2. At Tulipa’s discretion
Tulipa reserves the right not to process orders when it finds any inconsistency in the personal data submitted or observes misconduct on the part of the buyer. Tulipa reserves the right not to process any order or refund in the event of errors in the values and/or characteristics of the products, when these are due to technical problems or errors beyond Tulipa’s control.
10. Return (Right of withdrawal)
10.1. The cancellation or return process is handled on a case-by-case basis by A Tulipa. The request must be sent in writing to the contact e-mail address producao12@atulipa.com within 3 days of the order being placed, and the instructions for cancellation or refund of the amount paid and/or return of the goods will be answered and defined by A Tulipa by the same means of communication.
10.2. In exceptional cases, such as the sale of products that are not covered by article 17 of Decree-Law no. 24/2014, of February 14 – for example, non-perishable or non-personalized goods – the user has the right to freely terminate the contract.
i) The user will have 14 days from the moment they receive the order, without the need to indicate a reason, to communicate the withdrawal by any means that can be proved – letter, telephone, e-mail or return – simply by indicating the order number or information.
ii) The goods must be returned in good condition, with no signs of use or deterioration.
10.3. Whenever possible, refunds will be made using the same payment method. If this is not possible, the user must provide proof of payment and proof of account or card ownership in order for the refund to be made by Bank Transfer.
10.4. Tulipa undertakes to reimburse the User within a maximum of 14 days.
10.5. Returned products must be in saleable condition, i.e. in the same condition as when they arrived in the User’s hands, without any anomalies or damage.
10.6 If the value resulting from the exchange of products in an order is lower or higher than the initial value of the order, the conditions for adjustment will be indicated by A Tulipa.
11. Refund policy
This Policy deals with the procedures adopted by A Tulipa regarding the exchange and return of purchased flowers, as well as the reimbursement of amounts spent and other procedures applicable to the Site.
At the time of purchase, the customer must be aware of the purpose of the Site, which is to facilitate the delivery of products at a defined place or time and to create the surprise fact, in many cases expected and agreed upon.
We can’t or shouldn’t forget the factors inherent in perishable and sensitive products such as flowers (perishable products are considered to be products that by their nature deteriorate within a few days (such as plants, fruit, flowers, etc.)), their state of preservation can directly influence the result of the floral composition.
The way the service is organized is designed to meet the customer’s immediate needs. Ordering in advance, especially during festive seasons, can make shipping easier.
The company excels in the quality of its flowers, so our deliveries are carried out in an appropriate manner to keep the flowers fresh and well preserved until they reach their destination.
The purchase of products through this Site implies full and unrestricted acceptance of all the terms and conditions set out in this Refund Policy.
12. Exchange/return situations and claim deadlines
For purchases made on the Site, the request must be sent in writing to the e-mail address producao12@atulipa.com within 3 days of the order being placed. The products may be exchanged or returned in the following cases:
- Product not as ordered;
- Failure to deliver on the day.
12.1 Product not in accordance with order
If, upon delivery, the flowers are found to be damaged, the customer must refuse receipt and report the problem to Customer Service, using the contact details provided.
If the customer does not notice the problem at the time of delivery and receives the goods, they have up to 24 (twenty-four) working hours from the time of delivery.
In either case, the complaint will be analyzed by the company and if it is found that the problem alleged by the customer has not occurred or that any of the conditions set out in this Returns and Exchanges Policy have not been complied with, the product will be sent back to the customer under the same conditions.
Returned products must be in saleable condition, i.e. in the same condition as they arrived in the user’s hands, without any anomalies or damage.
If the value resulting from the exchange of products in an order is lower or higher than the initial value of the order, the conditions for adjustment will be indicated by A Tulipa.
In cases where the refund of the amount paid by the customer is justified, as established in this Refund Policy, it will be made according to the form of payment used by the customer when purchasing the products:
If the analysis confirms the problem claimed by the customer,
- Credit card purchases: chargeback, and the request for a chargeback will be made to the Credit Card Administrator, who will be responsible for making the chargeback in the shortest time operationally possible;
- Purchases made by Multibanco will be refunded to the customer by bank transfer to the NIB indicated by the customer for this purpose, the deadline for this being the one taken by the banking system to process the transfer.
- Or if the customer so wishes, in either case, an item of similar value of the customer’s choice will be sent without a delivery charge.
13. Intellectual Property
13.1.The Store is a registered site and the Service provided by the site itself is the responsibility of Tulipa.
13.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
13.3. The User acknowledges that any content that appears in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws relating to copyright and related rights, the laws relating to industrial property and other property protection laws, so any use of such content may only occur under the express authorization of the respective owners.
13.4. The User undertakes to fully respect the rights referred to in the previous paragraph, namely by refraining from any acts that may violate the law or said rights, such as the reproduction, commercialization, transmission or making available to the public of said content or any other unauthorized acts that have the same content as their object.
14. Service safety conditions
14.1. The User undertakes to comply with all applicable legal provisions, in particular, not to practice or encourage the practice of unlawful acts or acts offensive to good morals, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules for the use of the Service, under penalty of Tulipa suspending or deactivating the Service under the terms set out in point 15.
14.2. The User expressly acknowledges and accepts that the IP Network is a public electronic communications network that can be used by several users and, as such, is subject to computer overloads, and Tulipa does not guarantee that the Service will be provided without interruptions, loss of information or delays.
14.3. Tulipa also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is based or of force majeure (situations of an extraordinary or unforeseeable nature, external to Tulipa and which it cannot control).
14.4. In the event of an interruption in the provision of the Service for reasons of unforeseeable overload of the systems on which it is based, TULIPA undertakes to regularize its operation as soon as possible.
15. Suspension and deactivation of the Shop Service
15.1. Irrespective of any prior or subsequent notice, Tulipa may, at any time, and in its sole discretion, discontinue making the Service and/or part of the Service available to any or all Users.
15.2. Tulipa also reserves the right to immediately suspend or terminate access to the Service in the following cases:
a) When the User does not comply with the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When Tulipa ceases access to the Store, with prior notice of 15 days before the date of cessation.
15.3. The suspension or termination of the Service by Tulipa, under the terms of the preceding paragraphs, shall not entitle the User or third parties to any indemnity or other compensation, and Tulipa shall not be held liable or in any way burdened by any consequence resulting from the suspension, annulment, cancellation of the Service.
15.4. In the situations described above, Tulipa will notify the User in advance so that he/she can, if he/she wishes, safeguard the content of his/her order viewing area within 3 (three) working days of the e-mail being sent or the information being made available on the main page of the Service.
16. Communications
16.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any changes to these General Conditions, may be made to the User’s email address, by SMS or telephone contact.
16.2. The User agrees to receive any and all communications and/or notifications related to the Online Shop, to the address, contact telephone number and/or e-mail address indicated in the order process.
At any time, you can request not to receive these communications and/or notifications via the Contact Form or by choosing the “Do not receive the Newsletter” option included in each Newsletter.
17. Technical Configurations
17.1. Without prejudice to the provisions of the following paragraph, Tulipa may change the Service and/or the technical conditions under which it is provided, as well as the respective rules of use, and shall disclose such changes to the User at least 15 (fifteen) days in advance.
17.2. The current version of these General Conditions and their annexes is available on the website www.atulipa.com.
18. Communications
18.1. Whenever Tulipa deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.
18.2. Without prejudice to the provisions of the following paragraphs, and in view of the innovative nature of the Service and the technological developments to which it may be subject, Tulipa may change the technical configurations of the Service whenever this proves convenient in order to adapt it to any technological developments.
18.3. Tulipa does not, however, guarantee the User any upgrades or improvements to the Service.
18.4. Some upgrades or new features of the Service may only be available against payment by the User and/or subscription by the User to Specific Conditions of Use.
19. Complaints
19.1. The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to Tulipa about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
19.2. The complaint must be submitted within a maximum period of 30 (thirty) days from the time the User becomes aware of the facts, and shall be registered in Tulipa’s information systems, which shall decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.
20. Applicable Law
The Contract is governed by Portuguese law.
