Terms and Conditions

Ticolas Portugal
Ticolas Flores Lda (515536350) is a Portugal based company having a 3,000€ Social Capital and having the following VAT (VIES) number: PT515536350. The headquarters are located at Rua do Grilo, 135, 1950-144, Lisbon, Portugal. The Ticolas’ websites Ticolas.com, Ticolas.fr and Ticolas.pt are owned by Nicolas PD. Santos and hosted by Shopify, at 150, Elgin Street, Suite 800 Ottawa, ON K2P 1L4 CANADA. The Customer may contact the hosting service provider at +1-888-746-7439.

Ticolas France
Ticolas FR is a France based company having the following registration number: 534 221 387 00010 and having its headquarters at 9, Rue Brunel 75017 Paris, France. Ticolas FR is operated by Nicolas PD. Santos.

The brand is protected under the protection of the French INPI within the E.U. and Hong Kong SAR, and is owned by Apicius Finance, french company having its headquarters at 12 Rue de Fecamp 75012, Paris, France and having a 1,55€ Million Social Capital. Should you need further informations, please get in touch with Nicolas PD. Santos at nicolas@ticolas.com.


1. PRESENTATION OF THE SITE

Ticolas Flores Lda publishes the website www.ticolas.com (the “Website”). The website is secure, easy to use and respectful of our customers.

The Site is owned by: Ticolas Flores Lda, registered at the Lisbon company registry under no “515536350”, whose registered office is located at Now Beato, Rua do Grilo, 135, 1950-144, Lisboa, Portugal. The publishing director of the Website is Nicolas PD. Santos and the hosting company is Square Space.

By accessing the Site, you accept these general terms of use. Ticolas reserves the right to modify or, on the whole, updates these general terms at any time without prior notice. You should therefore consult them regularly.

2. COMPLIANCE WITH PROPERTY AND TRADEMARK RIGHTS

All the information published on the Site is protected by copyright legislation. You may not under any circumstances use, distribute, copy, reproduce, modify, change the nature of or transmit the Site, or such elements of the Site as texts or images, without the prior written consent of Ticolas. The trademarks and logos appearing on the Site are owned by Ticolas, or have been licensed to them by clients of said Companies. The use of said information does not involve any assignment or licensing of rights over the trademark or logo appearing on the Sites. Ticolas reserves the right to take legal proceedings against any infringement of its intellectual property rights, including criminal prosecution.

The images and photographs of persons, places and products appearing on the Site are owned by the Companies and/or used by the Companies with the agreement of the owners of the rights. The use of said images or photographs without the specific, express consent of Ticolas is prohibited. Unauthorised use may lead to infringement of copyright, rights of personal portrayal, individual rights, property rights and/or other legislation applicable to communications and advertising.

3. GENERAL WARNING

Neither Ticolas nor any other party involved in the Site may be held liable for direct, indirect or other loss resulting from access to or use of the Site or the information contained therein, including any deterioration or virus which may infect your computer equipment or other property. Users’ connection to the website is their own full responsibility.

The publisher declines all liability for any errors or omissions that may be found, despite the care dedicated to providing and updating the information published on the Site.

References on the Site to products, companies or other Internet sites are solely designed to provide information for visitors, and do not in any way constitute a recommendation of products, companies or Internet services. Ticolas may not be held liable under any circumstances for the use of the products or services of said companies and Internet sites.

4. HYPERLINKS

Ticolas creates links on its Site to other affiliated and non-affiliated sites. Said sites are independent of the Site managed by TicolasTicolas does not publish or control said sites. Links to sites do not constitute approval of or partnership between Ticolas and said sites under any circumstances. Ticolas shall consequently have no liability for content, products, advertising or any elements or services presented on those sites. We would remind you that affiliated and non-affiliated sites are governed by their own terms of use and privacy policies.

Said submission shall be optional if the procedure was initiated by the Webmaster of this Site.
The use of visual elements to create a hyperlink must be submitted for prior authorisation by Ticolas, and may be implicit in the case of registered clients of Ticolas, which may download such elements from the Site.

5. COMPLIANCE WITH REGULATIONS

The Site is owned by Ticolas, whose registered offices are situated in Hong Kong. Internet users who access the Site from countries other than Hong Kong must ensure that they comply with local legislation.

6. ACCESSING THE WEBSITE

You acknowledge and agree that in connection with the use of the Website, it is your own personal business to acquire all the necessary equipment to enable internet use, whose costs are your responsibility.

Ticolas reserves the right for any reason and at its sole discretion to cancel, modify, suspend or interrupt access to all or part of the Website, including without limitation the content, features or hours of availability without prior notice and, without that giving any user the right to any compensation and/or reimbursement.

In addition, Ticolas cannot be liable for any malfunction of the network or servers or any other event beyond its reasonable control that prevent or impair access to the Website.

7. PERSONAL DATA PROTECTION

For more information about our data protection policy, please read the privacy policy below.

8. APPLICABLE LAW AND ALLOCATION OF JURISDICTION

These Conditions of use are governed by the Portuguese law.

 

Terms of sales

By placing an order on this website, you are agreeing to the following terms and conditions:

1. ORDERS AND CANCELLATIONS

  1. Order Acceptance Policy

All orders and subscription requests received are subject to acceptance by Ticolas, and any of its personnel, reserve the right, at our absolute discretion, to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received in full, via the payment method used to place the order.

  1. Timing of your order

As a part of the checkout process you will be able to select the delivery date for your first order delivery, whether that delivery is part of a subscription or a one-off order. You will also be able to select the frequency of recurrence (in the case of a subscription).

  1. Changes to your order

If you wish to change your order or subscription, please email hello@ticolas.com as soon as possible, or visit the My Account area of the website. We'll always do our best to make last-minute changes for you, but we can only guarantee changes (including to the delivery address) that are requested by 9am two days before the intended delivery date.

  1. Cancellation policy

One-off orders can be cancelled by 9am two working days before the intended delivery date and a full refund will be issued. The easiest way to cancel your order is to email hello@ticolas.com with ‘CANCELLATION REQUEST’ in the subject line, or visit the My Account area of the website. Please include all order information.

  1. Pausing or cancelling your subscription

If you wish to change your subscription, please email hello@ticolas.com. You can pause a subscription at any time by providing notice to us by 9am two days before any intended delivery within your subscription plan. In such circumstances the pause will last for one month, unless otherwise requested and agreed. Where notice is provided after that time, please note you will still receive and be charged for your next delivery (as we will have already started cutting your flowers), but your pause or cancellation instruction will take effect after that delivery. Our subscriptions are intended to be ongoing with multiple deliveries, and whilst you are welcome to pause at any time, we reserve the right to cancel subscriptions if we consider this is being abused.

  1. Subscription prices

The price for each order within a subscription is the price at the time that a subscription is set up. We reserve the right, at our absolute discretion, to raise our prices at any time for reasons including, but not limited to, price increases from our suppliers and partners. If we raise our prices, we will notify our subscribers and provide the option to cancel your subscription free of charge.

2. PAYMENTS

  1. We accept Apple Pay, Google Pay, Amazon Pay, Paypal payment, Direct deposits, MBway, American Express, Visa and MasterCard credit and debit cards. In order to offer the best security, all our payments are processed securely by Stripe, PayPal, Apple Pay, Google Pay or Amazon Pay.
  2. For all ongoing subscriptions, your credit or debit card will be billed at checkout for your first month only. You will then be billed on a recurring basis every month in which a delivery is scheduled. The amount your card will be billed in any given month will be the value of your order(s) for the given month.
  3. For all gift bundles, your credit or debit card will be billed upfront on checkout for the entire cost of the subscription.
  4. If you create an account and enter your payment details, your card will be stored securely by Stripe so that you can check out on future visits without re-entering your card details.
  5. We never store or have access to your credit or debit card details.

3. PRICES

All prices include delivery charges unless otherwise stated. All prices include IVA unless otherwise stated.

4. DELIVERY POLICY

  1. We deliver either on a personal bases or via selected courier companies, depending on availability and other reasons.
  2. In the event of an unavoidable delay, we are unable to offer a refund or to resend your delivery.
  3. When applicable, we always send a tracking number for the customer to check where their delivery is.
  4. We cannot guarantee that delivery instructions will be followed.
  5. Timed deliveries are not available. Exceptions apply.
  6. Although our team will always try our best to ensure punctual delivery for our customers, Ticolas cannot be held responsible if a delivery arrives late due to any circumstances impacting the availability of the postal service that we use or anything else outside of Ticolas’ control especially in situation of the COVID-19.
  7. In the event of a non-delivery, please contact hello@ticolas.com. It is the customer's responsibility to contact us within 2 days of the scheduled delivery date in order to claim a refund. Failure to do so will result in the lapse of any rights to a refund.
  8. Portugal
    Ticolas currently delivers National. Orders placed before 11am will be delivered on the next working day or upon your date request if it is further than 2 days. Orders placed after 11am will be delivered in 2 working days. Orders placed on Thursday after 12pm, Friday, Saturday and Sunday will be delivered the next Tuesday. Orders placed on holidays will be delivered on the next working day, Saturday, Sunday and Monday excluded.  For specific deliveries on Saturday and under 3h in Lisbon, extra fees may apply.

    France
    Ticolas currently delivers on the French Riviera border: from Menton to Cannes through Monaco, Èze, Nice, Antibes and their surrounding cities. Orders placed on Friday after 12Pm, Saturday and Sunday will be delivered on the next working day. The customers have the choice to choose the time frame for their delivery. If the flower availability allows us to deliver earlier, they will be notified. Order placed for a same-day delivery are considered if the order was placed before 6pm from Monday to Friday. Orders placed on holidays will be delivered on the next working day. Saturday, Sunday and bridge (If Thursday is the holiday) excluded.

  9. In the event of nobody being available to personally receive the delivery, it will either be left in a safe and discreet place, whenever possible. Deliveries operated by any of our delivery partners will be rescheduled on the next working day.
  10. We reserve the right, at our absolute discretion, to use a different delivery method without prior notification.
  11. If you change address, you must email us at hello@ticolas.com as soon as possible. Please ensure this is done by 12am 1 day before your next order is due to arrive. We are unable to provide refunds for any deliveries sent to the wrong location where we have not received advance notice in accordance with this section. 
  12. Portugal only: Special days (Valentine’s day or Mother’s Day for example): if the event is happening during a Saturday, Sunday or Monday, the order that you may have placed with Ticolas, will be delivered before the D-day. Example: Mother’s day will be on Sunday, May 3rd 2020, orders will be delivered on Thursday, April 30th 2020 as the 1st of May is a holiday and some logistic partners may not be operating during the 2nd of May. Should you have ordered some flowers after the 30th, the order will be delivered on the following working day, in this situation, Tuesday as we do not operate on Mondays.
  13. Any discount code used for an order (and for a specific event like Mother’s day or Valentine’s day for example) will be delivered on the date indicated on the checkout page, even if you have indicated an earlier date or selected the following delivery option: "Order before 11am to get your order next day". Orders that may have been placed after the "event" delivery date, will be delivered on the next working days, holiday, Saturday, Sunday and Monday excluded.

5. OUR PROMISE, RETURNS AND REFUNDS

  1. We aim to delight our customers by delivering fresh flowers and plants, in great condition, on time.
  2. Freshness

Our flowers are occasionally sent out in bud form meaning they will last longer with the recipient. If you receive flowers that do not seem fresh, please contact hello@ticolas.com to let us know. If, at our sole discretion, the flowers do not meet our high freshness standards, we will give you the choice of a free replacement at our next available delivery date, or a refund. Please note that you will need to email us a photo of the un-fresh flowers within 48 hours of receipt in order to be eligible for a refund. Same thing for a plant order, if the plant is in bad condition, please get in touch with us. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount to your card.

  1. Damage

While our flowers are packed carefully to ensure they arrive as fresh and beautiful as when they left us, on a small number of occasions (and for reasons beyond our control) they may get damaged in transit. Should this occur to a level that you deem unacceptable, please contact us so that we can arrange a free replacement at our next available delivery date, or a refund. Please note that you will need to email us a photo of the damaged flowers in question within 72 hours of receipt of the flowers in order to be eligible for a refund. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount to your card.

  1. Non-Delivery

While we do everything we can to make sure our flowers and plants are delivered, sometimes mistakes do happen and deliveries don't turn up. If we fail to deliver your order, we will send you a free replacement on our next available delivery date, or a refund. If we offer you a refund, we will refund you the full amount under a discount code. If the customer is not present at his/her home, we will schedule another delivery. If the customer fails to receive the new delivery, or fails to go to the delivery office to collect the package, the delivery will be considered as non-refundable.

  1. Returns

Please understand that due to the perishable nature of flowers and plants, we are unable to accept returns. We offer customers refunds or replacement flowers and plants if the they are not delivered to an acceptable quality, as detailed above.

  1. Flower and plant availability and substitution

All of our products are subject to availability. In the event of any supply difficulties or if the products we have received from our growers that are needed to make up your order do not meet our high quality standards, we reserve the right, at our absolute discretion, to substitute any product with an alternate product of a similar style and equivalent (or greater) value and quality.

6. OFFERS AND PROMOTION CODES

  1. At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.
  2. In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.
  3. As our special offers are contingent on availability, we may change the terms of special offers and promotional codes, or withdraw them altogether, at any time, and without prior notice.
  4. We also reserve the right, at our absolute discretion, to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
  5. Unless explicitly otherwise stated, free or discounted introductory offers are only available to new users of the Ticolas service, and are only available once to any one household.
  6. Discounts and credits cannot be used in conjunction with any other offers.
  7. Unless otherwise stated, we only allow one promotion code to be used per order.
  8. Except where otherwise stated, discounts and credits are available only once to any one person.
  9. Credit expires 12 months from the date that it is added to an account
  10. 10.We reserve the right, at our absolute discretion, to expire or revoke credit, or to temporarily remove the ability to redeem credit on our site.
  11. Unless otherwise specified, discounts are only valid for single bouquet purchases and are not valid for bundles, gift subscriptions or regular subscriptions.
  12. Except where otherwise stated, voucher discounts and credits cannot be redeemed against or applied to orders placed during key peak periods where supply is limited. These include, but are not limited to, 7 delivery days up to and including Valentine's Day and Mother's Day.
  13. Discounts and voucher codes cannot be redeemed against courier delivery charges, percentage discount vouchers are applied only to the bouquet cost unless otherwise stated.
  14. Any discount code used for an order (and for a specific event like Mother’s day or Valentine’s day for example) will be delivered on the date indicated on the checkout page, even if you have indicated an earlier date or selected the following delivery option: "Order before 11am to get your order next day". Orders that may have been placed after the "event" delivery date, will be delivered on the next working days, holiday, Saturday, Sunday and Monday excluded.

7. CIRCUMSTANCES BEYOND OUR CONTROL

  1. Adverse weather conditions

During adverse weather conditions (including but not limited to heavy snow, ice, flooding or high winds), our delivery partners may not be able to deliver orders on time. This is outside of our control and we cannot accept responsibility for the late delivery of the order. Therefore, in the event of adverse weather conditions, we aren't able to refund or offer re-delivery of affected orders.

  1. Force Majeure

Ticolas shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, sanitary and health epidemics (iii) the act of any government or authority (including refusal or revocation of any licence or consent), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any cause or circumstance whatsoever beyond Ticolas’ reasonable control.

8. OUR LIABILITY

  1. Subject to clause 5.2, 5.3 and 5.4, whilst we agree to use all reasonable endeavours to ensure that the Ticolas service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any interruption of the Ticolas service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Ticolas service impossible or impractical.
  2. We accept liability for death or personal injury arising from our negligence.
  3. We accept liability for fraud or fraudulent misrepresentation.
  4. Subject to clause 8.2(a) and 8.2(b), our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order with us shall in no circumstances exceed the price paid to us for the order in question (defined as an individual delivery within a particular week, not an entire subscription).
  5. Subject to clauses 8.2(a), 8.2(b) and 8.2(c) above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Ticolas service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the products supplied.

9. CUSTOMER AND RECIPIENT PERSONAL INFORMATION

  1. To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide accurate personal information.
  2. Please remember that we value your privacy and will never lease, rent or sell your private information. For more information, please see our privacy policy.
  3. During the checkout process, we ask for the following personal information:
    1. Customer's email address We use this information to provide a better customer experience by sending order confirmations, substitution information, dispatch confirmations and delivery confirmations. We will also use the customer's email for marketing communications from time to time. Please ensure that email addresses are accurate.
    2. Customer's full name and address We use this information for credit and debit card validation.
    3. Customer's telephone number We use this information to contact customers in the event of problems with the order such as payment failures or delivery issues.
    4. Recipient's full name and address We require this information in order to deliver the flowers you have ordered. It is vital that the recipient's address is accurate.

GENERAL

  1. We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Ticolas site and/or the Ticolas service from time to time. We will post any changes on the Ticolas site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Ticolas service or Ticolas site. Changes will be effective five (5) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new Terms and Conditions.
  2. Additionally, we reserve the right to suspend, restrict or terminate access to the Ticolas site and/or the Ticolas services for any reason at any time.
  3. These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Ticolas site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  4. A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
  5. In respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
  6. Thank you for your order, and we hope your Ticolas experience will be a pleasurable one.