Terms and Conditions

 

 

 

 

1. Introduction

 

Tejo Ameno, Unipessoal Lda. (Hereinafter referred to as "GARDENIA" or "Seller"), corporate entity 508358892, with registered office at Rua Garrett, 61 - 6º, 1200-204 Lisboa, with a share capital of 5,000 €, is the legitimate owner of the official GARDENIA web site and whose domain can be found at http://www.gardenia.com.pt

 

For further information, you may contact GARDENIA at info.online@gardenia.com.pt. If you prefer, you can do it by phone, from Monday to Friday, from 10:00 a.m. to 6:00 p.m., on the number +351 911 932 752.

 

2. Object

 

These Terms & Conditions govern exclusively the purchase and sale made in the GARDENIA online store between the "Final Consumer" as the buyer and GARDENIA as a seller, and apply to all visitors of the website www.gardenia.com.pt, as well as any commercial transactions carried out through this virtual online store.

 

The navigation in the website, as well as the purchase of any product in http://www.gardenia.com.pt, implies the acceptance of the present general conditions of use and contracting.

 

A "Final Consumer" is understood to mean any person who acts / purchases with a purely personal purpose, outside of his business or profession, without any desire to resell the articles he acquires in the online store GARDENIA.

 

GARDENIA reserves the right to change these conditions of use and contracting, without prior notice, as well as to modify at any time the information and commercial offer presented on products, prices, promotions, commercial conditions and services. always published on the website www.gardenia.com.pt. Any new rules and / or changes to the Terms & Conditions will become binding on all "users" as soon as they are made available on the website www.gardenia.com.pt.

 

3. Ordering online

 

 

To place an order at www.gardenia.com.pt. it is necessary that the "Final Consumer" has a valid email account. After choosing the article (s), click on "Add to Cart".

 

At the end of the purchase, the "Final Consumer" will receive an email confirming receipt of your order and its details. We suggest that you print or download this copy for future reference. In case the data is not correct you can ask immediately for its change, or even, the cancellation of the purchase made.

 

The purchase will be complete when confirmation appears on the screen.

 

The "Final Consumer" can consult the data of your purchase (s) in your account of our online store, if you decide to register as GARDENIA Customer. This data is kept privately in our store in accordance with our Privacy Policy.

 

In case of non-confirmation of payment or non-compliance with these Terms and General Terms of Sale, GARDENIA reserves the right not to accept your order, or to cancel it in whole or in part, even after automatic confirmation of the order.

 

4. Shipment / cancellation of order

 

 

GARDENIA only processes an order placed by a customer after confirmation of payment, and Seller can not guarantee the availability of the items until the beginning of said processing.

 

The item (s) will be shipped within three (3) business days.

 

Of course, the estimated shipping time may vary depending on the carrier (a) you choose and the destination of your order. GARDENIA shall not be liable for non-compliance with, or delay in complying with, any obligation to send due to an event of force majeure, that is, an event, act or omission beyond its reasonable control.

 

GARDENIA only dispatches parcels on weekdays. Thus, to estimate the time of delivery of orders, weekends and holidays are not counted. Any delay in the dispatch of articles, in view of the estimated dates presented, does not confer the right to compensation.

 

A delivery is deemed to be made or a product is deemed to be delivered with the signature of the delivery receipt at the agreed upon address.

 

You can request changes or cancel your order by email (orders@gardenia.com.pt), at any time, until payment is made.

 

If you want to make a purchase and the country / place where you want the shipment is not included in our mailing list, please send us an email to "orders@gardenia.com.pt" or contact us by the chat and tell us the article (s) that you want us to return to the information on the associated shipping costs.

 

5. Availability of products and refusal of order

 

GARDENIA may not validate the order that does not have sufficient guarantee of good collection, when the order is incomplete or incorrect, or when the ordered products are no longer available. In any of the above cases, GARDENIA will inform via email to the "Final Consumer" that the sales agreement was not made and that GARDENIA did not proceed with the sale, specifying the reasons for doing so.

 

If the products ordered at www.gardenia.com.pt are no longer available at the time of your last access to the website, even though you have received your order confirmation, or when GARDENIA receives your order, the "Seller" will immediately inform the (o) "Final Consumer" on the unavailability of the same, never exceeding the deadline of 30 days after receipt of the request.

 

If an order has been placed, and its payment, for products that have become unavailable, GARDENIA will proceed to refund (refund) the money paid for the unavailable items.

 

In the event of a stock stock disruption, you can make a reservation for the email orders@gardenia.com.pt or the number +351 911 932 752, from Monday to Friday, between 10am and 6pm. The user will be informed, within a maximum period of 10 working days, of the stock replacement.

 

GARDENIA reserves the right to refuse any order, irrespective of the reason and free from liability for any damages or costs, as well as reserves the right to cancel any purchase even if it has already been accepted or confirmed by GARDENIA, namely in the following situations :

 

The information on the invoice is not correct or verifiable;

 

The order is flagged by the website Security Systems as an incorrect, irregular order or an order that is likely to be fraud;

 

When the payment for the order has not been received within 48 hours after the acceptance of your order;

 

When it is not possible to deliver the order to the address provided by the "Final Consumer";

 

If you consider that the "Final Consumer" 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);

 

If the order is presumed to come from a dealer.

 

 

6. Payment Conditions and Prices

 

Item (s) orders will have to be paid by bank transfer to the bank account indicated in the confirmation email of order receipt and stock availability.

 

The prices shown on this site include VAT at the rate in force and are valid for the moment in which the purchase was made. In case of exchange of the product by another, the value of the definitive product will apply. Prices and specifications are subject to change without notice.

 

The "Final Consumer" must send the proof of payment indicating the number of your order to: orders@gardenia.com.pt, within two (2) business days after payment. The prices of the products displayed on the web site www.gardenia.com.pt contain / carry the Value Added Tax (VAT). The promotions displayed on the current webwebsite are valid from 01.09.2019 to 30.09.2019.

 

The total price specified in the final transaction menu includes taxes and shipping costs.

 

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

 

After your order, you will receive an invoice / receipt by mail, along with the article (s) ordered, at the address indicated during the purchase process.

 

7. Security of the GARDENIA online store and all transactions

 

The GARDENIA online store utilizes the latest and most robust security technologies available for encryption platforms. All payment information you provide will be encrypted from the initial moment of your transaction to the time the order is processed and will not be stored on any public server.

 

Although we use highly evolved encryption software, any payment transmitted over the Internet, or via email, carries some risks, in particular when the "Final Consumer" does not take the necessary precautions and does not assume the proper liability .

 

GARDENIA shall not be liable for any damage suffered as a result of the use of electronic means of communication, namely damages caused by failures or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for communications or virus transmissions.

 

8. Reservation of Property of marketed products / Exchange of Articles

 

GARDENIA holds ownership of the company's products until it has received full payment for all of these products.

 

The items purchased online can be exchanged at any of the GARDENIA stores, within 15 working days after receipt of the article at the customer's address, provided that:

 

The article is in the same conditions or original characteristics that was sent to the client;

 

do not have the corresponding safety label or seal, or when the labels have been changed from their original condition or damaged.

 

The article does not show signs of being washed and / or used;

 

If there is an error in the price quotation;

 

If delivery is not possible at the address indicated.

 

9. Quality and Warranty

 

Products offered for sale at www.gardenia.com.pt may not correspond exactly to the actual article with regard to the displayed image and colors, especially due to the browser and monitor used.

 

A (O) "Final Consumer" has the right to return items delivered that present defects or other nonconformities with respect to the order. The return can be made within fifteen (15) days after receipt of the order at the customer's address.

 

In case of justified return, the price and shipping costs will be refunded.

 

For more information on how to proceed with the return and information about the chargeback, contact the Customer Service (email: orders@gardenia.com.pt) or by calling 911 932 752 between Monday and Friday, between 10:00 am and 10:00 am at 08:00 p.m.).

 

10. Liability

 

GARDENIA will only be liable for damages suffered by the "Final Consumer" in the event that such damages result from violations attributable to GARDENIA's contractual obligations to the "Final Consumer", or in the case of responsibility of the applicable legal right.

 

If the "Final Consumer" has suffered damages related to the activity of the website, GARDENIA's liability will be limited to: damages to GARDENIA products, reasonable and verifiable costs incurred by the "Final Consumer" "By virtue of the violation by GARDENIA of these Terms & Conditions.

 

GARDENIA shall not be liable for damages suffered by third parties resulting from the use of any of our products. GARDENIA shall not be liable for damages incurred by the "Final Consumer" as a consequence of improper use of our products.

 

GARDENIA shall not be liable for damages resulting from incorrect information on the website.

 

All products marketed by GARDENIA are in compliance with Portuguese and Community legislation.

 

GARDENIA declines all responsibility in case of violation of the legislation of the country where the order is delivered. It is up to the Client to verify with the local authorities the conditions of importation or use of the products that he wishes to order.

 

 

11. Intellectual and Industrial Property

 

All texts, comments, works, illustrations, works and images reproduced or represented on the website www.gardenia.com.pt are strictly reserved under the copyright and intellectual property rights, all over the world.

 

 

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. Any reproduction or total or partial representation of the website www.gardenia.com.pt, in whole or in part, of the elements included in it is strictly prohibited. The corporate names, trademarks and distinctive signs reproduced on the website www.gardenia.com.pt are protected in accordance with the legal provisions applicable to industrial property. Reproduction or representation of all or part of any distinctive sign is strictly prohibited and must be the subject of prior written consent of the proprietor of the GARDENIA mark.

 

 

12. Applicable law

 

The present Terms & Conditions and all emerging litigations that are related to these general conditions, including their validity, the use of the website www.gardenia.com.pt or any purchase thereof should be governed by Portuguese Law.

 

In the event of a dispute regarding the interpretation or execution of these Terms and General Terms of Sale, GARDENIA and the "Final Consumer" shall endeavor to obtain a friendly solution that is fair and adequate, within a maximum period of 60 (sixty) days counted from the receipt of the communication addressed to that effect by any of the parties involved.

 

In the absence of an amicable solution, in accordance with the provisions of the preceding paragraph, and in case of non-compliance with these Terms & Conditions, both PARTIES shall establish as the competent court the Lisbon Court, expressly renouncing any other.

 

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GARDENIA | TEJO AMENO, UNIPESSOAL LDA| www.gardenia.com.pt | info.online@gardenia.com.pt | 911 932 752