Terms of service

These terms and conditions relate to the use of the website www.flordocaia.com by users and their relationship with our brand.

The website www.flordocaia.com is owned and managed by Mercearia da Aldeia, Lda., a company with fiscal identification number 510742823, with fiscal headquarters at Rua Sebastião Alves Dias, Lote 33 2860-101 Alhos Vedros - hereinafter referred to as Flor do Caia, with email contact hello@flordocaia.pt and telephone contact (+351) 926 559 665 (call to the national mobile network).

These Terms and Conditions (hereinafter "Terms") define the use of the Flor do Caia website (hereinafter "Website") by users (hereinafter "User") and their relationship with our brand (hereinafter "We", "our"). Please read all articles carefully as they affect your rights and obligations in accordance with current legislation.

By ordering any of our products or services, the User agrees to be bound by these Terms.

You should print a copy of these Terms for future reference.

If you have any questions regarding these Terms, please contact us.

  1. Agreement

By using the Website, you agree to be bound by these Terms and authorize us to transmit data (including updated information) to obtain information from third parties, including but not limited to, User debit and credit card numbers or credit reports in order to authenticate your identity, validate your credit card, obtain initial credit authorization, and authorize individual transactions.

  1. Amendments

We reserve the right to:

  • update these Terms regularly. It is your responsibility to check for such modifications. These modifications will apply to the use of the Website after notification of the same, through an announcement on the Website. If the User does not wish to accept the new Terms, they should not continue to use the Website. Continued use of the Website after the date on which the modifications take effect indicates agreement to be bound by the new Terms;
  • modify or withdraw, temporarily or permanently, this Website and the material (or parts) contained therein without prior notice, and the User accepts that we shall not be liable for any modification or withdrawal of the Website or any content;
  • disable any user identification code or password that we have provided, whether chosen by you or assigned by Us, at any time, if in our opinion the User has failed with any provision of these Terms.
  1. Registration

By using this Website, the User warrants that:

  • they are legally capable of entering into binding contracts;
  • the personal information provided at the time of registration is true, accurate, current, and complete in all respects;
  • they are not impersonating any other person or entity. The User agrees to notify us immediately of any changes to their personal information by email or telephone contact.
  1. Privacy Policy

All your personal information will be treated as confidential and will be processed and used in accordance with our Privacy Policy. By using the Website, you consent to these processes and warrant that all information provided is accurate. When purchasing on this Website, we will ask you to enter personal details so that we can identify you, such as your name, email address, billing address, delivery address, credit card information, or other means of payment. We guarantee that this information will be stored by Us, in accordance with all legal premises in force in Portugal.

  1. Protecting Your Security

To ensure that your debit, credit, or prepaid card is not being used without the User's consent, we will validate the name, address, and other personal information provided during the ordering process, with appropriate third-party databases. We take online fraud risk seriously. There is a possibility that the User may be contacted for additional security checks, and therefore, we request your cooperation.

Fraudulent transactions will not be tolerated, and any attempts will be reported to the appropriate authorities.

By accepting these Terms, the User consents to these checks being carried out. By performing these checks, the personal information provided by the User may be disclosed to registered credit agencies that may maintain a history of this information. This is done only to confirm the User's identity. We do not carry out any credit checks, and your credit rating will not be affected. All information provided by the User will be treated with the utmost security and in accordance with the law in force.

  1. Compliance

This Website may only be used for legal purposes and in a lawful manner. The User agrees to comply with all applicable laws, statutes, and regulations regarding the Website and its use.

The User agrees not to:

  • upload or transmit through the Website any computer viruses, Trojans, worms, logic bombs, or anything else designed to interfere with or disrupt the normal operation of a computer;
  • upload or transmit through the Website any material that is defamatory, offensive, or obscene in nature; and
  • attempt to gain unauthorized access to the Website, server where it is hosted, or any server, computer, or database connected to the Website. The User shall not attempt any denial of service ("DoS") attacks on our Website.

Any such violations will be reported to the appropriate authorities, and we will cooperate with those authorities by disclosing the User's identity to them. In the event of a violation of this provision, the User's right to access the Website will be immediately terminated.

We shall not be liable for any loss or damage caused by a DoS attack, virus, or other technologically harmful material that may affect your computer equipment, programs, data, or other proprietary material due to your use of the Website or your downloading of any material posted on it or on any website linked to it by the User.

  1. Third-party Links

For the convenience of our customers, the Website may include links to other websites or material beyond our control. We inform you that we are not responsible for such pages or material, nor do we review or endorse them. We shall not be liable for the privacy practices or content of these pages, nor for any damage, loss, or offense caused or allegedly caused in connection with your use or reliance on any advertising, content, products, materials, or services available on such external pages or mediums.

  1. Orders

All orders are subject to acceptance and availability. If the ordered goods are not available, the User will be notified by email (or other means if an email address has not been provided) and may choose to wait for the product to become available in the warehouse or cancel the order.

Any orders placed by the User will be treated as an offer to purchase our goods or services, and as such, we reserve the right to refuse these offers at any time. The User acknowledges that the automated confirmation of their order does not validate our acceptance of their offer to purchase products or services advertised on the Website. The conclusion of a contract between Us and the User will take place when:

(i) payment for said order is made or; (ii) we dispatch the goods or commence the services, whichever is later, at which time an email will be sent to the User confirming that the contract has been concluded ("Shipping Confirmation").

The contract will only relate to the goods or services whose dispatch has been confirmed in the Shipping Confirmation. We will take all reasonable care to keep the order and payment details secure, so in the absence of our negligence, we shall not be held liable for any loss you may suffer if a third party gains unauthorized access to any data provided by you when accessing or ordering from the Website.

Products sold on the Website are not for resale or distribution. We reserve the right to cancel orders and suspend accounts that we believe are ordering products in violation of this point.

It will be the User's responsibility to assume the risk of the products once delivered to the specified delivery address at the time of ordering. We do not accept responsibility when an incorrect delivery address is provided or when the User fails to collect the products at the specified delivery address.

However, the risk of loss or damage to the products will only be your responsibility after delivery to the delivery address.

Flor do Caia entrusts the delivery of its orders to an external transport service, sending the ordered product(s) on the days and times used by the logistics company, to the delivery address indicated by the customer.

The estimated delivery time for orders varies between 1 to 2 business days for deliveries in mainland Portugal and 3 to 5 business days for deliveries in the Azores or Madeira archipelagos.

Delivery times may be delayed during periods of high order volume, such as sales periods, Christmas, Black Friday, among others.

The costs applied to the order shipping are the responsibility of the customer, and for each order, an automatic calculation of that value is made during the checkout process, according to the quantity, weight, and dimensions of the ordered items.

Purchases of €45 or more are entitled to free shipping, with this charge being assumed by Flor do Caia.

Flor do Caia is not responsible for any costs associated with possible customs clearance, which are the responsibility of the customer.

Flor do Caia will inform the customer of the unavailability of the ordered product(s) and will proceed to refund the amount paid, within a maximum period of 14 (fourteen) days from the knowledge of the unavailability.

Delivery is considered completed with the signature on the delivery receipt at the agreed address.

  1. Exchange or Cancellation Rights

According to Portuguese law, Flor do Caia allows the exchange and return of purchased items, provided that the item(s) are in the condition in which it was purchased and together with the purchase receipt.

For protection, health, and hygiene reasons, we do not exchange individually or collectively purchased earrings/hoops.

Any exchange or return is subject to confirmation by Flor do Caia through an analysis of the condition of the item(s). After receiving the item(s) at our facilities, we carefully analyze it, and the return will only be accepted if the following requirements are met.

Requests for exchange or return must be clearly expressed by sending an email to customer support - hello@flordocaia.pt, specifying the reason for the exchange or return, within a maximum period of 14 days after receiving the order.

Any request for exchange or return must indicate the order number, evidence of defects, if any, and the IBAN to which the refund should be made.

The value related to the return will be refunded by bank transfer within a maximum period of 14 business days.

After receiving the item(s) at our facilities, we carefully analyze it, and the return will only be accepted if the following requirements are met:

The product(s) show no signs of use or handling; The product(s) maintain their original characteristics and intact labels; The product(s) are complete and were sent together with all the material that accompanied the original order. The shipping costs related to the exchange process are the sole responsibility of the customer, with no refund.

In the case of return due to defect or other non-conformities regarding the ordered products, Flor do Caia assumes responsibility for collecting the item at the address provided by the customer, as well as the shipping costs paid at the first moment.

If a product is returned and does not meet the eligibility requirements for exchange or return, according to the conditions mentioned above, the customer will be notified of the non-acceptance of the exchange or return, and the item(s) will be resent to the address indicated in the first order.

  1. Prices and Payment

The prices displayed on the Website include VAT at the legal rate in force.

The prices shown are correct at the time of entering the information into the system. However, we reserve the right to change prices at any time without prior notice (except for changes that affect orders for which an Order Confirmation has already been sent).

In the unlikely event that the price shown on the confirmation page is wrong and this error is discovered before we accept the User's order, in accordance with clause 9, we are not obliged to sell the goods at the displayed price. We always try to ensure that the prices of goods displayed on the Website are accurate, but occasionally errors may occur. If we discover an error in the price of goods ordered by the User, they will be informed as soon as possible and will have the option to keep the order at the correct price or cancel it. If the User opts for cancellation and has already paid for the goods (but they have not yet been dispatched), they will be fully refunded.

The User confirms that the payment method is managed by them, among the options made available by Flor do Caia: ATM, credit card, MBWay, PayPal, Google Pay, and Apple Pay.

We reserve the right to wait for payment within 24 hours. If payment is unsuccessful, you will be notified via the provided email address.

If you do not want us to attempt to process the payment again, please cancel your order before processing.

We authorize the use of promotional codes strictly in the terms and conditions under which they were issued, which may include terms related to the User's eligibility to use them and a maximum order value. The User must familiarize themselves with these terms and conditions before placing an order as we reserve the right to reject or cancel any orders that do not comply with these Terms even if their credit or debit card has been charged.

If there is any inconsistency between the terms and conditions under which promotional codes were issued and these Terms, the terms and conditions of the promotional codes prevail. You can obtain a copy of the terms and conditions of the discount codes through our email or telephone contact.

  1. Intellectual Property

The content of the Website is protected by copyright, trademarks, databases, and other intellectual property rights.

The User acknowledges that the material and content provided as part of the Website will remain with us. You may search for and display the content of the Website on a monitor, save content in electronic format on disk (but never on a server or any network-connected storage device), or print a copy of the content for personal, non-commercial use, always keeping all copyright and proprietary notices intact.

You may not otherwise reproduce, modify, copy, distribute, or use for commercial purposes any of the materials or content of the Website.

  1. Limited Liability

Provision of goods: (a) In the event of a breach of these Terms due to our failure, we shall only be liable to the User for losses suffered as a result of our breach (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) and that are a foreseeable consequence of our failure. (b) Nothing in these Terms excludes or limits our liability for:

  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation;
  • any breach of implied obligations under the laws in force;
  • defective products under consumer protection law;
  • any deliberate breach of these Terms that would make a breach of contract feasible; or
  • any other matter for which it would be illegal for us to exclude or attempt to exclude User liability.

Website Use: The Website is available on an "as is" and "as available" basis without any representation or warranty, and we do not give any warranty, express or implied, regarding it or its use. The User acknowledges that we cannot guarantee or be responsible for the security or privacy of the Website or any information provided by the User. You will have to bear the risk associated with using the internet. Although we try to ensure that the material included on the Website is correct, reliable, and of high quality, we cannot accept liability if this is not the case. We will not be liable for errors or omissions or for the results obtained from using that information or any technical problems you may have when using the Website. If we are informed of any inconsistencies on the Website, we will try to correct them as soon as possible. In particular, we reject any liability related to:

  • Incompatibility of the Website with any equipment, programs, or User telecommunications connections;
  • Technical problems, including errors or inaccuracies of the Website; and
  • Website failure to meet User requirements. To the fullest extent permitted by law, the User agrees that we shall not be liable for any consequential or incidental damages (both terms including, without limitation, loss of liquidity, loss of profits, loss of business, loss of anticipated savings, resource waste, loss of privacy, and loss of data) or any other indirect, special, or punitive damages arising out of or related to the use of the Website.
  1. Severance

If any part of the Terms is held to be unlawful, void, or for any reason unenforceable, then that part shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining part of these Terms.

  1. Waiver

No waiver by us shall be considered a waiver of any previous or subsequent breach in terms provided.

  1. Entire Agreement

These Terms constitute the entire basis of any agreement between us and the User.

  1. Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Portugal, and any disputes shall be decided exclusively by Portuguese courts.

  1. Reviews

By submitting a review, the User grants us the right to publish, translate, derive, distribute, and display such content through any means of communication assigned to us. The User grants the right to use the name provided in connection with such content if we so desire. The User agrees to waive the right to be identified as the author of such content and to object derogatorily to this content.

Updated on February 9, 2024