1 – INTRODUCTION
Bloomer – Beach & More, represented by Cristina Maria Faria Peralta de Barahona Fragoso, taxpayer no. 195444132 and fiscal residence at Rua Cidade de Tomar, nº 159, 2775-183 Parede, provides a Service to their Clients through the website WWW.bloomer.pt/pt/, which in addition to providing information regarding a set of products and/or services, allows the User to order products publicized therein online under the terms and conditions established herein.
All of the information found on the Website, specifically that in connection with the process for placing an order, payment, delivery, returns and exchanges is also included under these Terms and Conditions.
We ask that your read all of the conditions carefully before using this Website.
It is assumed that when the “User” (hereinafter referred to as User) uses or places an order via this Website, they understand the conditions and undertake to comply with them and observe our data protection policies.
If the User does not agree with all of the terms and conditions and data protection polices, they should not use this Website.
These conditions may be altered. It is the responsibility of the User to read them from time to time.
If the User has any questions regarding these conditions they may contact our services at any time using the email: firstname.lastname@example.org.
Products should only be ordered by Users over the age of 18 (eighteen), younger persons must provide authorization from their representatives.
Details and information provided by the User enjoy full legal effects and the User recognizes electronic purchases and that the absence of a signature shall not relieve the User from any obligations undertaken.
2 – USE OF THIS WEBSITE and CONSUMER OBLIGATIONS
By using this Website and placing an order via the Website, the user undertakes to:
a) Use the Website exclusively to browse and place orders legally
b) Not place false or fraudulent orders. If we deem an order has been made fraudulently or that it may be false in nature we shall cancel the order and inform the competent authorities.
c) Provide us with their email address, physical address and/or other contact information truthfully and correctly. The user also authorizes such information to be used to contact them whenever necessary.
If any of the information provided is incorrect and/or insufficient causing a delay or failure to process the order or deliver the product, the User is liable and Bloomer – Beach & More waives any responsibility.
The use of the products and services acquired through this site are explicitly barred from being used for commercial purposes, specifically for the purposes of the resale of such goods.
For resale purposes you should contact Bloomer – Beach & More directly at: email@example.com.
3 – CANCELLING ORDERS – By decision of Bloomer – Beach & More
Bloomer – Beach & More reserves the right not to process orders when inconsistencies in the personal data provided are found or when faced with inappropriate conduct on the part of the User/Buyer.
Bloomer – Beach & More reserves the right not to process any order or refund when errors in the amounts and/or characteristics of the products resulting from technical problems or errors outside of the control of Bloomer – Beach & More are found.
4 – AGREEMENT FORMALIZATION
The information contained in the conditions herein and the details contained in this Website do not represent an offer of sale but are instead an invitation to negotiate.
An agreement, of any kind, between the User and Bloomer – beach & more, should not exist in relation to any products until an order has been explicitly accepted by Bloomer – Beach & More.
If the offer is not accepted but the corresponding amount has already been debited from the users account, said amount shall be reimbursed in full.
To place an order, the user should follow the online purchase procedure and click on “Authorize Payment”, the User shall than receive an email confirming the order.
At this stage, Bloomer – Beach & More confirms only the receipt of the Users offer to buy one or more products.
All orders are subject to approval by Bloomer – Beach & More. This approval is made via specifying that the order has been confirmed (“Confirmation of Delivery”).
Only at this stage is there a Agreement formal, and only the products included in the Confirmation of Delivery are subject to this Agreement.
5 – PRODUCTS OFFERED and AVAILABILITY
All orders are subject to approval by Bloomer – Beach & More as well as available stock.
Bloomer – Beach & More will make every effort to send all products ordered, but in certain situations, due to circumstances difficult to control by Bloomer – beach & More, such as human errors or information systems events, it may not be possible to provide some of the products ordered by the User.
If any of the products are not available after the order has been placed, you will be notified by email or telephone. Upon such notification, you will be given the opportunity to exchange the items ordered or cancel the order and receive the corresponding reimbursement if you have already paid.
Bloomer – beach & more reserves the right to remove any products from the Website at any time and to change any material or content thereof without prior notification. Any changes made become effective on the date on which they are published.
6 – PRICES
Bloomer – beach & more has a permanent offer of products (store), and the User is informed of the price, in Euros, through the information made available on the Website.
All prices specified on the Website include VAT at the legal rate in effect. Shipping prices, which the User will have been informed of before placing an order, shall accrue to the merchandise amount.
If any pricing errors relating to any of the products we offer are detected, we shall inform you as soon as possible and give you the option to confirm your order with the correct price or to cancel your order.
If we are unable to contact the User, Bloomer – Beach & More shall consider the order cancelled and any amounts paid shall be reimbursed in full.
Bloomer – Beach & More is not obligated to supply any product with an incorrect, lower price (even after the Confirmation of Delivery has been sent) if the error in pricing is obvious and unmistakeable and the Client could have reasonably recognized the price as incorrect.
The specified prices may be altered at any time without prior notification, except in the case of transactions underway at the time.
7 – TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
The User assumes ownership of the product once Bloomer – Beach & More has received payment in full of the amounts relating to the products delivered.
The User is responsible for Product risks once delivery is made.
8 – WRITTEN COMMUNICATION
Applicable regulations require part of the information or notices sent by Bloomer – Beach & More to Users of this Website be in writing.
Without prejudice of any other forms of communications provided for in the General Conditions, notifications made to the User related to services, including possible alterations to these General Conditions, may be sent to the Users email address, via SMS or telephonic contact, as long as explicit consent is given as provided for in the General Regulation on Data Protection.
The User may request to stop receiving such communications and/or notices at any moment by sending an email to: firstname.lastname@example.org stating – “I don’t wish to continue receiving communications”. This request also applies to the Newsletter.
9 – LIABILITY AND WAIVER OF LIABILITY
All products and services sold on the Website are in accordance with the Portuguese Law
This Website has appropriate levels of security, however Bloomer – Beach & More is not liable for losses or damages arising from non-compliance or flawed compliance of the Service when not directly or indirectly attributable to fraud or gross negligence, and specifically, shall not be held liable for:
- omissions or other incorrections regarding the information made available through the Service
- damages caused that are attributable to the Use or third parties, including violations of intellectual property
- for noncompliance or flawed compliance resulting from the fulfilment of judicial decisions or decisions by administrative authorities or for noncompliance or flawed compliance resulting the occurrence of events of force major, meaning unforeseeable situations or situations of an extraordinary nature or beyond the control of Bloomer – Beach & More such as fires, power outages, explosions, wars, riots, civil unrest, State decisions, strikes, earthquakes, floods or other acts of God or situations beyond the control of Bloomer – Beach & More which prevent or jeopardize the fulfilment of undertaken obligations.
A Bloomer – Beach & More does not guarantee:
a) that the Service is supplied without interruption, is safe and error free or that it shall be operational forever;
b) any material obtained by whatever means using the Service is used at the User’s own risk and the User is the only person liable for any damage caused to their system or electronic device or for any loss of data resulting from such operation.
c) any advice or information, oral or written, obtained by the user or through the Service shall constitute any kind of warranty which is not contained in these General Conditions.
The User accepts that Bloomer – Beach & More may not in any way be held liable for any damages, including but not limited to, damages of loss of profit, data, content, or any other losses (even in the presence of prior notification of the User that such damages could happen), resulting from the use or impossibility of use of the Service and any difficulty in obtaining any replacements for the goods/services.
Unless otherwise explicitly stated in these conditions, our liability for any product acquired on our Website is strictly limited to the price of purchase of the product.
As such, if the User enters into an agreement as a Client or User, Bloomer – Beach & More will be obligated to deliver the merchandise in accordance with what has been established in the agreement and shall be liable for any noncompliance found upon delivery.
For general purposes, it is considered that the merchandise is compliant with the agreement when:
a) it meets the description provided by Bloomer – Beach & More and possess the characterises mentioned in the Website.
b) it is apt and in the form that is generally accepted and possess the quality and functionality regularly present in merchandise of this nature.
To the extent permissible by law, all warranties are excluded except for those which may not be excluded legally in favour of the consumers and users.
The products we sell, especially those produced in an artisanal manner, frequently possess the characteristics of natural materials used in their production.
Such characteristics, including variations in the texture and colours might not be considered as defects or damages. in fact, the User should consider them to be normal and appreciate them.
We only select products of the highest quality, but these characteristics are inevitable and should be accepted as a part of the individual look of the product.
The provisions contained in this clause do not affect the rights of the user as a consumer and user, nor the right to cancel the Agreement.
Despite the forgoing our liability should not be delayed or limited in the following events:
1. In the event of death or personal damages due to negligence on our part;
2. In the event of fraudulent or deceitful conduct; or
3. In any event in which i tis deemed illegal, illicit to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the paragraph above and within the scope legally permitted, unless otherwise specified in these conditions, we will not accept any liability for the following losses regardless of their origin:
1. Loss of revenue or sales;
2. Loss of business;
3. Profit loss or loss of contracts;
4. Loss of anticipated savings;
5. Loss of data; and
6. Loss of working hours or working schedule.
10 – SERVICE SECURITY CONDITIONS
The user undertakes to observe the applicable legal provisions, specifically to not participate or foster acts that are illicit or that are morally offensive such as spamming, in violation of the legal provision applicable to the treatment of personal data and marketing communications and should also observe the rules of use of the Service. subject to the Service being suspended or disabled by Bloomer – Beach & More as provided for under the terms of these Terms and Conditions.
The User explicitly acknowledges and accepts that the IP network constitutes a public electronic communications network which may be used by several Users and as such is subject to network overloads for which Bloomer – Beach & More cannot guarantee the provisions of Service without interruptions, loss of data or delays.
In the event of an interruption in the provision of the Service due to unforeseeable overload of the system on which the Website is supported, Bloomer – Beach & More undertakes to restore operations as quickly as possible.
11 – SUSPENSION AND DEACTIVATION OF THE STORE SERVICE
Regardless of any prior or subsequent communication, Bloomer – Beach & More may, at any time and at their sole discretion, discontinue the availability of the Service, in whole or in part, to all Users.
Bloomer – Beach & More also reserves the right to suspend access or cause to terminate immediately to the service in the following events:
a) When a User fails to observe the conditions of use referenced in the general conditions;
b) When Bloomer – Beach & More terminates access to the store by prior notice which must be given 15 days before the date of termination.
Suspension or termination of the service by Bloomer – Beach & More, under the terms of the preceding paragraphs does not entitle the User or third parties to any indemnities or other forms of compensation, and Bloomer – Beach & More may not under any circumstance be held liable or be in any way financially burdened for any consequences resulting from the suspension, annulment or cancelation of the Service.
Under the circumstances described above, Bloomer – Beach & More shall provide prior notice to the User so that the latter, if they wish, may safeguard the contents of their personal area of visualization of orders within 3 (three) working days, as of the date on which the email was sent or the information was made available on the main page of the Service.
12 – TECHNICAL SETTINGS
Considering the innovative nature of the Service and the technological developments it may be subject to, whenever Bloomer – Beach & More deems it necessary or convenient to optimize the browsing experience or improve the conditions of connectivity, it may restructure the network settings remotely or alter the technical settings thereof whenever such is deemed convenient for adaptation to possible technological developments.
Bloomer – Beach & More may alter the Service and/or technical conditions of the provision of the services, as well as the corresponding rules of use, and for such purposes should provide prior notice of 15 days to the User so that they are aware of such alterations.
Bloomer – Beach & More does not however, guarantee to the User, that any upgrades or improvements shall be made to the Service.
Some upgrades or new features of the service may be made available pending payment by the User or for users who subscribe to Special Conditions of Use.
13 – OUR RIGHT TO ALTER THESE CONDITIONS
All information regarding price, product, specifications, promotional activities and services may be altered Bloomer – Beach & More at any time.
Bloomer – Beach & More reserves the right to review and change these conditions at any time.
The User is subject to the policies and conditions in effect at the time of use of the Website.
14 – INTELLECTUAL PROPERTY
The Store is a registered website and Bloomer – Beach & More is responsible for the Service provided by the Website.
a) The User acknowledges that the Service contains confidential information which is protected by copy rights and related rights, industrial property and any other applicable legislation.
b) The User acknowledges that any content included in advertising, banner, promotions or mention of any sponsor or advertiser is protected by legislation relating to copy right and related rights, by laws relating to industrial property and other laws protecting property, therefore any use of such contents may only be made under explicit authorization of the respective title holders.
c) The User undertakes to wholly respect the rights referenced in the preceding paragraph, specifically abstaining from committing any acts which may violate the law or the referenced rights, such as reproducing, selling, transferring or making said contents available to the public or any other unauthorized acts which have said contents as the object.
15 – APPLICABLE LEGISLATION AND JURISDICTION
The use of this Website, agreements of purchase made through the website. and treatment of personal data by Bloomer – Beach & More are governed by the laws of Portugal.
Any controversy arising from or related to the Website or in connection with the Agreements is subject to the jurisdiction of Portugal.
16 – ACCEPTANCE AND BINDING FORCE
Users of this Website are bound to accept and respect the conditions herein contained.
17 – COMMENTS AND SUGGESTIONS
In the interest of ongoing improvements in the service provided, your comments and suggestions are always welcome.
Please send any comments or suggestions to email@example.com
This post is also available in: Portuguese (Portugal)