Terms and Conditions

These terms and conditions govern the provision of the Online Shop Service by Premium Flowers, Lda., with registered office at Beloura Business Center, Rua dos Navegantes, Bloco 4 – 1º D, 2710-297 Sintra, Portugal, with company registration number 517509121, hereinafter referred to as Premium Flowers.

The purchase of any product from the Premium Flowers Online Shop implies acceptance of these terms and conditions.

Rules that contradict the provisions set forth in these terms and conditions, such as purchase conditions or other general terms and conditions of the Customer, are not applicable between the parties unless they have been agreed upon in advance with Premium Flowers and expressly accepted in writing by Premium Flowers.

Premium Flowers strives to ensure that the product photographs displayed on the Online Shop are accurate and representative. However, the Customer acknowledges and understands that variations in visual representations may occur due to different screen settings, lighting, resolutions, or natural variations in the materials used in the production. Whenever possible, the same stems and foliage as shown in the photograph will be used. If, for any reason, these are not available at the time of purchase, an appropriate alternative of equal quality will be used.

When making purchases, the Customer agrees that minor discrepancies between the product photographs displayed on the Online Shop and the actual products may occur. These variations do not constitute a defect or non-compliance with the published specifications.

The photographs may display a suggested environment and/or props to improve the images, in terms of integration in decorative contexts, such as the spaces where floral arrangements can be appreciated: exhibitions, events, and private environments of Customers, who send Premium Flowers the photographs that portray the final result of the arrangements purchased to decorate their habitats, offices, commemorative events, such as weddings, baby showers, birthdays of companies or individuals, etc.

Premium Flowers is committed to providing descriptions and information about the products to help the Customer make informed decisions. If in doubt, we encourage the Customer to contact Premium Flowers through the contact details available on the website before making a purchase.

In the case of custom-made arrangements (specific requests made by the Customer, with combinations outside the Online Shop catalogue), the Customer will contact Premium Flowers for this purpose at the email info, in order to design a value proposal, including the jars, flowers, stems and foliage requested by the Customer. Before sending, a photograph of the arrangement will be sent for final approval by the Customer. Once it is a custom-made arrangement, we cannot issue refunds or exchanges, unless the arrangement is defective or does not match the approved photograph. Cancellations are not accepted for these orders.

Whenever possible, the approximate sizes and weights of all arrangements are indicated. When buying an item for a specific area of a space, the Customer should take this into account before placing the order.

The Premium Flowers product range is designed and produced by us. We do not purchase pre-conceived floral arrangements. All photographs used are the property of Premium Flowers. In the photo gallery we may have examples provided by our Customers, where Premium Flowers arrangements are shown in their environments.

It is the Customer’s responsibility to ensure that the surfaces are protected when placing their arrangements.

Premium Flowers reserves the right to modify, without prior notice and at any time, the information and commercial offer presented on products, prices, promotions, commercial conditions and services.

If, during the period between the date of the value proposal and the date of delivery, the production and delivery costs increase due to circumstances including, but not limited to, government measures, import and export taxes and transit rules, Premium Flowers shall have the right to increase the amount charged to the Customer accordingly.

Despite Premium Flowers’ efforts, some products may show an inaccurate price, which is why our company checks the prices whenever it processes orders. Consequently, the prices displayed on Premium Flowers are merely indicative and do not constitute a contractual offer. If the actual price of the product is lower than the advertised price, Premium Flowers will refund the difference. If the price is higher, Premium Flowers will inform the Customer of this situation by email and await their decision to accept the new price or to cancel the order within 15 days of the email being sent.

Under Portuguese law, all prices displayed on Premium Flowers include the respective VAT rates in force, unless otherwise indicated.

After the confirmation of the order at Premium Flowers, an email will be sent to the contact address provided by the Customer at the time of purchase, containing all details about delivery, billing, payment information, products, and amounts. Premium Flowers recommends all Customers to confirm these details. If the Customer does not receive the order confirmation email, it is requested to contact Premium Flowers through the available contacts on the website so that this notification can be resent to the Customer’s email address.

In case any details provided by the Customer in the order are incorrect and/or the Customer wishes to change any information, if the order has not yet been shipped, the Customer must contact Premium Flowers through the provided means so that the requested change can be made internally. Changes to details of already shipped orders will have to be analyzed by the Premium Flowers team so that, together with the Customer, the most suitable solution can be found.

All orders at Premium Flowers will only be processed after the effective receipt of payment. The formalization of the order alone does not constitute a reservation of the products. If an order cannot be fulfilled in part or in full, the Customer will be immediately contacted by Premium Flowers to find the most suitable solution.

All orders placed at Premium Flowers have a maximum payment period of 24 hours. After this period, the order will be automatically canceled. Orders can be canceled when expressly requested by the Customer, through the available contacts, before their shipment. After confirming the shipment of the order, the Customer is requested to contact Premium Flowers so that, together with the Customer, the most suitable solution can be found.

The prices shown on the product sheets do not include the respective shipping costs, in each order, which are calculated based on the size of the packaging, the total weight, and the destination of the delivery. The total shipping cost will be automatically calculated when placing your order in the Online Store. It should be noted that the factors in this calculation may be variable and subject to changes without prior notice.

Payments are received in euros, regardless of the currency with which the transaction is made. The conversion fees for payments made in other currencies will have to be borne by the Customer. Through Premium Flowers’ Online Store, payments are accepted via Multibanco References, MBWAY, PAYSHOP, PAYPAL, Credit Card, and Bank Transfer.

Premium Flowers has contracted services with specialized carriers for deliveries in Portugal, Europe, and most countries in the world. Every effort is made to meet shipping and delivery deadlines; however, it is emphasized that possible delays may be beyond Premium Flowers’ control, and it is not possible, in such cases, to guarantee exact delivery times.

To the estimated dispatch time is added the transport time, which depends on the chosen carrier, as well as the destination of the order. The delivery times indicated by Premium Flowers are merely indicative and should not be considered as final deadlines.

All products sent by Premium Flowers must be checked at the time of delivery. If the Customer finds that the order is damaged, it must be returned immediately to the transport company, duly justifying the reason for the return on the carrier’s delivery note, and immediately notify Premium Flowers through the available contacts.

If, after delivery, the Customer finds that any of the items are not in compliance, it is requested to immediately contact Premium Flowers via email info@premiumflowers.pt indicating the order number, attaching images of the packaging as received, and of all items, so that an internal investigation process can be opened, and thus, the situation can be resolved as quickly as possible. Late complaints result in the forfeiture of all Customer rights in this regard.

If, for any reason, the Customer cannot receive the order and does not communicate this impossibility to Premium Flowers, Premium Flowers will have the right to take (or have taken) custody of the goods from that order at the Customer’s expense and risk, including the risk of altering the quality of the products that make up the order. All costs incurred by Premium Flowers in relation to the goods/merchandise to be taken into custody will be at the Customer’s expense. Premium Flowers can only redeliver the goods to the Customer after the full payment of storage costs.

Premium Flowers will always have the right to deliver the goods corresponding to an order with several products in various shipping parcels and to invoice each partial delivery separately. The Customer cannot sell, deliver, and/or make available the goods resulting from orders to Premium Flowers to third parties subject to national, international, or European sanctions or embargoes and/or established in a country subject to national, international, or European sanctions or embargoes.

Premium Flowers recognizes the right of all its Customers to freely terminate the contracts they enter into with it (in accordance with article 10 of DL 24/2014 of February 14), allowing them to return the products within 14 days of purchase.

For exchanges or returns, the Customer is requested to contact Premium Flowers via email info@premiumflowers.pt indicating the order number and considering the conditions described below:

  1. The product must be in perfect condition, in its original packaging, with accessories or promotional offers included, and accompanied by the proof of purchase or invoice.
  2. The return of defective products and incorrect shipments is allowed, with Premium Flowers bearing the shipping and collection costs whenever the Customer reports this circumstance within 14 days from the date of receipt of the product.
  3. Once the goods are received at our facilities and after validation of their compliant condition, the refund will be made according to the payment method made by the Customer, or another solution previously agreed with the Customer.

Premium Flowers assumes responsibility for defects originating from the purchased product, and, if confirmed by the specialized team of Premium Flowers, the product will be exchanged or refunded at no cost to the Customer.
In the case of a return due to the Customer’s withdrawal, the shipping costs paid by the Customer at the time of purchasing the product will not be refunded.

Claims related to the purchase invoice must be communicated to Premium Flowers, in writing, to the email info@premiumflowers.pt within 10 days after its receipt. Late claims result in the forfeiture of all Customer rights.
Premium Flowers will not accept the return of the product if it has been used, altered, or modified.
Premium Flowers is not responsible for defects resulting from incorrect use, negligence, poor storage conditions, or non-compliance with cleaning and maintenance recommendations.

The Customer is aware that the products and floral arrangement solutions provided by Premium Flowers are not suitable for outdoor use. The quality of the products may deteriorate due to weather conditions such as rain, frost, sun, or excessively high/low temperatures. Premium Flowers is not responsible for defects resulting from the improper use of its products outdoors.

If the goods delivered by Premium Flowers are defective or do not significantly correspond to the agreed characteristics, Premium Flowers will have the right to choose between repairing or replacing the products/merchandise, or refunding the purchase value to the Customer.

In exceptional and unforeseeable situations of force majeure beyond the reasonable control of Premium Flowers, including, but not limited to, natural disasters, fires, floods, acts of war, piracy, embargoes, terrorism, pandemics, strikes, substantial legislative changes, or any other event beyond the reasonable control of the affected party, Premium Flowers and the Customer acknowledge that delays or obstacles may occur in the performance of obligations arising from the sales contract.

In the event of force majeure events, Premium Flowers undertakes to immediately notify the Customer, providing details of the nature of the event and the estimated impact on contractual obligations. During the period in which the performance of contractual obligations is impossible or substantially affected, the parties agree to temporarily suspend the obligations affected by such events, without imposing additional penalties or responsibilities.

Premium Flowers undertakes to make reasonable efforts to overcome the effects of force majeure events and to resume the performance of affected contractual obligations as soon as possible. However, if these effects persist for an extended period, Premium Flowers reserves the right to terminate the sales contract without incurring additional liabilities.

If, before the occurrence of a circumstance that qualifies as a force majeure event, Premium Flowers has already executed a portion of its deliveries, this part will be invoiced and settled separately, without Premium Flowers being obliged to make the remaining deliveries or be responsible for any compensation for damages.

This clause does not exempt Premium Flowers from the obligation to take all reasonable measures to minimize the adverse effects of force majeure events and fulfill contractual obligations to the extent possible, given the circumstances.

By acquiring and using the floral arrangement products provided by Premium Flowers, the Customer acknowledges that all floral arrangement solutions, designs, compositions, and creative elements incorporated into the products are protected by Premium Flowers’ intellectual property rights.

Premium Flowers retains all copyrights, design rights, and other intellectual property rights associated with the floral arrangement solutions provided. The Customer agrees not to reproduce, copy, and distribute the products acquired for commercial purposes or for its economic benefit.

Premium Flowers reserves the right to take legal action to protect its intellectual property rights in the event of unauthorized use, reproduction, or commercial exploitation of floral arrangement solutions. The Customer agrees to immediately inform Premium Flowers of any suspected violation of intellectual property rights associated with the purchased products.

This clause will remain in effect even after the completion of the sales transaction, ensuring the ongoing protection of Premium Flowers’ intellectual property rights regarding the floral arrangement solutions provided to the Customer.

In the event of a violation of the provisions of this article, the Customer will incur a pecuniary penalty to Premium Flowers immediately due and payable of 25,000 euros per violation, as well as a pecuniary penalty immediately due and payable of 2,000 euros for each day the violation persists, without prejudice to Premium Flowers’ right to claim compliance and/or actual damages.

All purchases made on the Premium Flowers website are subject to Portuguese law. Any conflict or difference in the interpretation of the Terms and Conditions will be submitted to the competent Portuguese court. If the Customer is outside mainland Portugal, Premium Flowers informs that any judicial process must be exclusively filed in Portuguese courts.

In accordance with Article 18 of Law No. 144/2015 of September 8, it is stated that the alternative dispute resolution entity for consumer disputes is the Lisbon Consumer Conflict Arbitration Center, whose contacts are as follows:

Premium Flowers, Lda
Beloura Business Center
Rua dos Navegantes, Bloco 4 – 1º D
2710-297 Sintra
Portugal
Phone: +351 211 582 204
Email: info@premiumflowers.pt

These provisions of the Terms and Conditions have been drafted in Portuguese. In case of translation of the general conditions into another language, the Portuguese version prevails, and the concepts used must be read and understood in the context of the Portuguese legal system. These provisions of the Terms and Conditions may be changed without prior notice, so it is recommended to consult them before placing any order.