Termos do serviço

OVERVIEW
This website is operated by Lova Cakes And Flowers. Throughout the site, the terms “we”, “us” and “our” refer to Lova Cakes And Flowers. Lova Cakes And Flowers offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ORDERING

The User will place his order online, at www.lovacakes.com

To make an online purchase you must follow the purchase process.

By placing his order, the User expresses his full and complete acceptance of the general sales conditions, the prices and the description of the products included in this transaction.

To place an order, the User must have a valid e-mail address and his or her browser must be configured to accept cookies, which will allow the user to use all the navigational conditions of the website.

To place an order, you must follow the online purchasing process and click on the "Checkout" button. You will then receive an e-mail at the e-mail address previously indicated, confirming that your order has been received by Lova Cakes And Flowers ("Registered Order"). The order constitutes merely an offer to purchase one or more of our products. Any order is subject to acceptance by Lova Cakes And Flowers, which will only be accepted after confirmation of the respective payment.

The use of the service may be subject to a minimum purchase amount. If the order does not reach the minimum value, this will always be presented to the user when he/she accesses his/her cart, that is, before initiating the checkout process.

Orders placed through the site www.lovacakes.com should be paid until 23h59m of the following day, after which they will be automatically cancelled. For same day or next day shipping, orders must be paid for within a maximum of 2 hours, after which it will not be possible to guarantee delivery on the selected date.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 -  AVAILABILITY OF ARTICLES

We reserve the right to withdraw any product from this website at any time. All orders are subject to the availability of its products. Considering the seasonal and perishable nature of the products (flowers), and in case of difficulty in supply or unavailability of a product, we reserve the right to supply in its replacement an identical product either in species, colour or kind, ensuring the harmony of the arrangement and of equal or superior quality and value without prejudice to the customer. In cases where it is not possible for Lova Cakes And Flowers to ensure delivery of the product purchased by the Customer, it will credit the amount spent by the Customer using the same method of payment used by the Customer.

SECTION 4 - ORDER CANCELLATION

Considering that the products commercialised through the website www.lovacakes.com  are, in their majority, personalised and perishable products, the Customer may cancel the order placed, provided that he/she does so up to 72 hours before the time scheduled for the respective delivery.

In the event of cancellation, the order will be returned to the Customer, by the same means of payment:

• 80% of the order amount if the order is cancelled between 48 hours and 72 hours before the estimated time of delivery;
• 50% of the order value in case of cancellation between 24 hours and 48 hours before the estimated time of delivery;
• 20% of the order's value if cancelled up to 24 hours before the estimated time of delivery.
• In case of cancellation less than 24 hours before the time scheduled for delivery, there will be no refund.

SECTION 5 - PRICE

The price of the products available online are always indicated in euros, including VAT at the legal rate in force. Although Lova Cakes And Flowers tries to ensure that all prices indicated on the website are correct, errors may occur. If Lova Cakes And Flowers finds that the price of a product in an order is incorrect, it will inform the User as soon as possible, giving the User the choice of reconfirming the order at the correct price or cancelling it.

Costs are calculated in the checkout process and presented to the User in these steps before finalising the order. There is also a shipping table available on the website.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


SECTION 7 - DELIVERY

We offer various methods of delivery for your order. At the moment of registration of your order, it will be displayed the types of available methods of delivery, as well their costs, depending on the place of delivery.

The time until the collection of an order will be estimated from the reception date of its payment.

At the time of order, the Client should make sure to put the correct address as to include a valid phone number and that there will be a reciever available at time of delivery. Home delivery cannot be made in "Apartados".

 If an order is returned to the store, another delivery will be charged.

 International deliveries are not available since the sales at www.lovacakes.com are exclusive to the places mentioned in the delivery zone table.

Possible reasons to delay may include :

• Personalization of products;
• Specialized products;
• Unforeseen circumstances;
• Place of delivery.

Any delay in the expedition of articles regarding the estimated date presented does not guarantee the Client the right to any refund.

If for any reason, Lova Cakes And Flowers is not able to pursue delivery at the expected date of delivery, the User will be duly informed and it will be given the option to maintain its order through the extended delivery date or to proceed to its concealment for a total refund. 

For purposes of these Terms, a "delivery" shall be deemed made or a product shall be deemed "delivered" upon your signature on the delivery receipt at the agreed-upon address.

Orders will only be sent after confirmation of available stock and payment and are expedited by a partner company of Lova Cakes And Flowers.

Verification at the moment of Delivery

At the moment of delivery, the Client must check that the order is presented in perfect conditions. Without prejudice to the rights assisted by law, in case of an anomaly, such as damage or missing items, at the moment of delivery, the Client must receive the order and present a complaint at the shipping company and contact Lova Cakes And Flowers within the 2 business days following the delivery at: info@lovacakes.com

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Lova Cakes And Flowers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lova Cakes And Flowers and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Portugal.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at lovacakesandflowers@gmail.com 
Our contact information is posted below:

Lova Cakes And Flowers
lovacakesandflowers@gmail.com
+351 910 897 757