Terms and conditions

Product Sales Terms and Conditions

Dear customer, here you will find the Terms and Conditions for the Sale of Products through Floresnet Floricultura OnLine Rio de Janeiro Ltda. This is important information about your rights and obligations based on your purchases and our provision of services, the quality of our products, as well as information about our product sales and delivery policy. We kindly ask you to read all the information carefully.

1. Introduction

These General Terms and Conditions of Sale ("Terms of Sale") are applicable to all purchases of Products made by customers on the Floresnet Floricultura OnLine Rio de Janeiro Ltda website. (www.floresnet.com.br) either online or through telesales.

When placing a purchase order, acceptance of these General Terms and Conditions of Sale is implied. Floresnet reserves the right to modify the Terms of Sale at any time, respecting the contracts previously concluded.

This Terms of Sale, together with the Purchase Order, constitute the entire agreement between Floresnet and the customer, for the purchase of the product ("Contract").

2. Definitions

"Customer": natural or legal person who purchases the Product as a final recipient or to deliver to third parties.

"Floresnet": Floresnet Floricultura OnLine Rio de Janeiro Ltda located at Av. Nova York, 657, Bonsucesso, Rio de Janeiro, RJ. (www.floresnet.com.br)

"Order confirmation": document by which Floresnet accepts a Product purchase order. Sent via the email registered by the customer, immediately after confirmation of payment for the purchase.

"Product": well described in the Order Confirmation.

"Price": indicated in the Order Confirmation.

"Delivery Fee": value indicated in the Order Confirmation corresponds to delivery.

"Total Value": sum of the selected products, plus the delivery fee for the date and period selected at the time of purchase.

"Delivery date": selected in advance and described in the Order Confirmation.

3. Scope of Application

These General Terms and Conditions are applicable to any and all purchases and sales of products on the website described, mentioned, offered in a promotional manner or included in any other way, whether in leaflets, promotions, advertisements, internet, etc.

When placing an order, acceptance of these General Terms and Conditions of Sale is implied.

4. Order

Orders will be accepted via telephone or by purchase intentions made on the Floresnet website (www.floresnet.com.br) and will only be binding once accepted by Floresnet, upon issuance of an Order Confirmation, made by any of the means of communication described previously.

The customer must check the Order Confirmation and inform Floresnet immediately of any possible error.

Otherwise, the product description contained in the Order Confirmation will become part of this Agreement and will have binding force between the parties. Offer, Price and Payment Terms.

5. Offer, Price and Payment Terms

Floresnet promotions are advertised through the Website, E-mail Marketing, Ads (online and offline), among others, indicating conditions and validity period. If there is no indication of a deadline, it will be, under the terms of the Consumer Protection Code, 10 uninterrupted days.

The price of the product, terms and payment conditions will be established at the time of contracting. The final price includes taxes and shipping. Payment must be made at the time of placing the order and must be received by Floresnet before shipping the product or under the conditions established in the "Order Confirmation" itself. It should be noted that in cases of payments via bank transfer, the customer must send proof of payment via email to [email protected].

Purchases made via credit card must be approved by the credit card administrator, where documents such as hand-signed purchase authorization may be requested. We emphasize that, in this case, the release of your request will only occur after sending all the requested documents. If the customer does not forward the documentation, the order will be automatically cancelled.

Floresnet reserves the right to request prior authorization from credit card administrators before initiating product delivery.

6. Delivery

For purchases eligible for delivery scheduling, when choosing a delivery date, the customer must check that the date does not fall on a holiday or optional point in the delivery region, as in these cases the carrier will include a business day to complete the delivery. .

Floresnet does not guarantee hand delivery to the recipient, whether residential condominiums, commercial condominiums, or other projects, the customer is aware that delivery can be made to third parties, be they friends, relatives, neighbors, employees, doormen, receptionists, secretaries or others who present themselves as responsible for receiving and forwarding the products.

Emphasizing that in the absence of the recipient, the transport company will deliver to whoever is at the delivery location, in the total absence of people at the destination address, the transport company will locate a nearby neighbor who will be responsible for delivering the product.

In cases of failure caused by: incorrect registration data, refusal by the customer, change of address, the order will be returned to Floresnet and a new shipping charge will be incurred for reshipment, which will be scheduled according to the availability of the selected product as well as availability service to the delivery destination location.

In cases of Natural disasters (Force Majeure) the company may delay the delivery deadline established in your order. In an unforeseen event (transporter strike), the company will locate another logistics partner, or if the location is not served by other carriers, SAC will contact the customer and cancel the purchase automatically, and subsequently refund the amount.

Delivery will be made through our network of third-party logistics partners, within the deadline indicated in the "Order Confirmation", and may vary in time during the requested period. Deliveries of products can be made in parts.

The delivery location will be that indicated in the "Order Confirmation". The customer will be responsible for losses and damages caused by unjustified refusal of delivery, considered as that not provided for in applicable legislation.

Any loss or damage caused during transportation of the Product will be the responsibility of Floresnet.

6.1 Information on Cutting Times and Delivery.

All provision of logistics services, relating to deliveries by Floresnet Floricultura Online Rio de Janeiro Ltda., will be carried out by a carrier, or delivery vehicle services via App or Motorcycle Transporters.

Limit times for completing purchases and making deliveries:

• Morning period (Delivery period from 8am to 1pm), for orders placed before 10am

• Morning period (Delivery period from 8am to 10am), for orders placed before 7am

• Afternoon period (Delivery period from 1pm to 6pm), for orders placed before 3pm

• Night period (Delivery period from 6pm to 10pm), for orders placed before 7pm

• Full Time (Delivery period from 8am to 10pm), for orders placed before 7pm

• Delivery by appointment, request at least 3 hours in advance

• Express delivery within 3 hours, order at least 2 hours in advance

• Special Period 1 (Delivery period from 7am to 6pm), for orders placed before 1pm

• Special Period 2 (Delivery period from 1pm to 10pm), for orders placed before 7pm

For all delivery periods, there is a 45-minute delay tolerance. If there is a delay of more than 45 minutes, the customer will receive a full refund of the delivery fee.

6.2 Availability of in-person service

• Monday to Friday from 7:15 am to 6:45 pm

• On Saturdays from 7:15 am to 4:45 pm

• On Sundays and Public Holidays from 7:15 am to 12:45 pm

• On festive dates, opening hours are special.

6.3 Delivery Availability and Delivery Fees

Delivery availability and delivery fee values are informed when the customer enters the delivery zip code, selects the delivery date and selects the delivery period.

The system provides periods according to coverage by ZIP codes. For very distant locations, or locations considered at risk, deliveries are not available. There will also be unavailability in locations where Floresnet does not have Partner Floricultures.

The periods for zip codes with local delivery availability are:
Morning Period; Morning Period, Afternoon Period; Night Period; Full time; Express Delivery and Delivery by Appointment depending on availability for the date and destination zip code.

The free shipping promotion is subject to the following, as stated on the website: Exclusive for the purchase of products with a value equal to or greater than R$ 149.00 and for the destination CEPs (delivery address) that are within the coverage area in the municipalities of Niterói - RJ and Rio de Janeiro - RJ and with a return distance equal to or less than 60 km from the Floresnet production area, and exclusively when the “Full Period” delivery option is selected.

Deliveries by Appointment and Express Deliveries within 3 hours are subject to the following: when there is availability for the destination zip code informed, and when the corresponding option is selected: Delivery by Appointment and Express Delivery between the delivery periods available for the zip code informed . The value corresponding to the delivery fee for this option will be included in the value of the selected products.

7. Quality Assurance

It is fully known that flowers are perishable products, as well as several other products sold on our website such as gourmet baskets, fruits, cakes, chocolates and snacks, therefore, we reserve the Guarantee Right to inform that the images are merely illustrative, as each flower has its own characteristic, and may also vary in shades. In the absence of the requested flowers, they will be replaced by others of equivalent or greater value at no cost to the customer. Accessories such as baskets, vases, screens, bows, decorative papers, packaging and final finishes may also be replaced with others of similar or greater value, at no cost to the customer and without prior notice to the customer.

It is important for the customer to eventually update the Floresnet website pages by clicking F5, thus avoiding viewing products or promotions that are no longer available to the public, but continue to be shown to the customer due to being stored in the customer's computer cache.

8. Acceptance and return

The Customer must examine the product immediately after delivery, and within the legal period, preferably within 3 days. Since we work with perishable products, this analysis should be as brief as possible.

Once this period has elapsed, the product will be considered accepted by the Customer. Under the terms of Floresnet's Exchange and Return Policy, the Customer may request a return.

You must return the product in its original packaging, without any type of damage. Along with the product, you need the DANFE (Electronic Invoice Auxiliary Document) sent with your order.

Returns of products without order identification (DANFE) will not be accepted. After the shipment is returned to our base, there will be a period of 7 (seven) calendar days for cancellation and refund of the amounts. The cancellation procedure must be carried out through the Customer Service (SAC), via email or [email protected] by telephone (21) 2622.0606

The product will be collected by one of our carriers, it is essential that the address where delivery was made is the same as the address for collection.

The product must always be returned accompanied by a copy of the invoice, describing the reason for the return on the back. The absence of the invoice with the description will prevent the identification of your request, causing delays in the exchange process or refund of the amount paid. Therefore, be sure to describe the reason for the return on the back of the invoice.

Jurisprudence rejects the exercise of the right of repentance in relation to perishable goods, as Dr. Orlando Celso da Silva Neto, according to which "there are contracts signed at a distance that cannot be subject to repentance, such as those dealing with perishable goods or goods /services for immediate consumption (which are extinguished by use)"

Rightly, law 14.010/20 recognized that the consumer cannot exercise the right to repentance in relation to perishable products and, through such limitation, prevents abuse of rights.

The Consumer Protection Code requires that there be balance in consumer relations, based on good faith, as recommended by art. 4th, III:

III - harmonization of the interests of participants in consumer relations and making consumer protection compatible with the need for economic and technological development, in order to make viable the principles on which the economic order is based (art. 170, of the Federal Constitution), always based on good faith and balance in relationships between consumers and suppliers

9. Product

We sell via website and our products consist of perishable items whose images are for illustration purposes only. All images accompany complete descriptions of each product, the detailed description prevails over the images.

10. Act of God or Force Majeure

Floresnet will not be responsible for delays in the delivery of products caused by circumstances beyond the company's control (in cases of acts of God or force majeure).

If the fact that causes the impossibility of fulfilling the contract lasts more than 30 days, this agreement may be terminated by either party, without the right to compensation, by refunding the price paid.

11. Resolution

Either party may terminate this agreement if the other: a) Substantially defaults on this agreement and does not remedy such default within 30 days following the corresponding written notification; b) liquidation, judicial or extrajudicial recovery, bankruptcy or are unable to pay their debts on the due date have been declared.

12. Customer Obligations

The Customer will be responsible for:

I. Choice of product and its suitability for a particular purpose or purpose;

II. Costs incurred with telephone, mail or other means of communication to contact Floresnet.

This Terms of Sale constitutes the entire agreement between Floresnet and the Customer and supersedes any and all prior understanding, communication or agreement, verbal or written, between Floresnet and the Customer, and further, in case of divergence, prevails in relation to any purchase order issued.

No amendment or modification of this agreement, in whole or in part, will be valid or obligate the parties, unless made in writing and signed by authorized representatives of both parties. The Client must respect the duties arising from objective good faith, and must address Floresnet with courtesy, contributing to the reporting of correct and precise information.

13. Data Protection

All collection of personal information is done with the full knowledge and consent of the Customer.

Customer data will be treated in accordance with applicable data protection laws. The Customer may request that Floresnet not use their data for direct marketing purposes. The Customer may exercise their rights of access, rectification and cancellation, upon request to Floresnet's Consumer Service, sent to one of the contact channels available on the Floresnet website.

14. Jurisdiction

This contract is subject to national legislation. Any dispute will be submitted, in accordance with the Consumer Protection Code, to the customer's home court.

15. Other Provisions

If any provision of this agreement is declared invalid or unenforceable by a Court, the remaining provisions will not be affected.

The Customer may not assign or transfer any obligation or right arising from this agreement, except with the prior written approval of Floresnet.

Notifications must be made in writing (by email or post, with proof of delivery) and sent to the legal representative of the other party.

Floresnet reserves the right to modify its General Conditions of Sale at any time without the need for prior notice, respecting the contracts previously concluded. To do so, it will be enough for you to publish a new version of your General Conditions of Sale, which will be applicable to transactions carried out from then on.

16. Information

The Customer will find information regarding Floresnet and its procedures on the website www.floresnet.com.br, and can go there to check for any updates.

17. Contact Floresnet

Floresnet Floricultura Online Rio de Janeiro Ltda.
CNPJ: 21.780.795/0001-78
Site: www.floresnet.com.br
Galpão de Produção e Logística: Av.
Nova York,657, Bonsucesso, Rio de Janeiro, RJ, CEP 21041-040
(21) 2622.0606 (21) 98073.0708
[email protected]