Terms of sales
By placing an order on this website, you are agreeing to the following terms and conditions:
1. ORDERS AND CANCELLATIONS
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.
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).
Changes to your order
If you wish to change your order or subscription, please email email@example.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.
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 firstname.lastname@example.org with ‘CANCELLATION REQUEST’ in the subject line, or visit the My Account area of the website. Please include all order information.
Pausing or cancelling your subscription
If you wish to change your subscription, please email email@example.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.
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.
We accept 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.
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.
For all gift bundles, your credit or debit card will be billed upfront on checkout for the entire cost of the subscription.
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.
We never store or have access to your credit or debit card details.
All prices include delivery charges unless otherwise stated. All prices include IVA unless otherwise stated.
4. DELIVERY POLICY
We deliver either on a personal bases or via selected courier companies, depending on availability and other reasons.
In the event of an unavoidable delay, we are unable to offer a refund or to resend your delivery.
We are unable to provide delivery notifications. We do not obtain proof of delivery.
We cannot guarantee that delivery instructions will be followed.
Timed deliveries are not usually available. Exceptions apply.
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.
In the event of a non-delivery, please contact firstname.lastname@example.org. 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.
Ticolas currently delivers National. For a next day delivery, the order must be placed before 12pm local time. Orders placed on Friday, Saturday and Sunday, will only be received by the customer on Tuesday. Deliveries on Saturday and under 3h in Lisbon, extra fees may apply.
In the event of nobody being available to personally receive the delivery, we will leave it in a safe, discreet place whenever possible.
10.We reserve the right, at our absolute discretion, to use a different delivery method without prior notification.
If you change address, you must email us at email@example.com as soon as possible. Please ensure this is done by 9am two days 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.
5. OUR PROMISE, RETURNS AND REFUNDS
We aim to delight our customers by delivering fresh flowers and plants, in great condition, on time.
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 firstname.lastname@example.org 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.
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.
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.
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.
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
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.
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.
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.
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.
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.
Discounts and credits cannot be used in conjunction with any other offers.
Unless otherwise stated, we only allow one promotion code to be used per order.
Except where otherwise stated, discounts and credits are available only once to any one person.
Credit expires 12 months from the date that it is added to an account
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.
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.
7. CIRCUMSTANCES BEYOND OUR CONTROL
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.
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, (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
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.
We accept liability for death or personal injury arising from our negligence.
We accept liability for fraud or fraudulent misrepresentation.
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).
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
To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide accurate personal information.
During the checkout process, we ask for the following personal information:
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.
Customer's full name and address We use this information for credit and debit card validation.
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.
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.
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.
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.
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.
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.
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.
Thank you for your order, and we hope your Ticolas experience will be a pleasurable one.