Português
Terms and Conditions:
1. Ownership of the domain ocantinhodasami.pt
The website www.ocantinhodasami.pt is registered by the company O Cantinho da Sami Unipessoal, Lda., located at Calçada do Tojal nº 14, 4705-473 Escudeiros, Braga, with tax identification number 517170604, hereinafter referred to as O Cantinho da Sami.
For any clarification related to the website or these Terms and Conditions, you can contact us through any of the following means:
Email: geral@ocantinhodasami.com
Correspondence: Calçada do Tojal nº 14, 4705-473 Escudeiros, Braga - Portugal
Telephone: +351 938201441 (National mobile network call)
Customer service hours: Monday to Friday from 9:00 AM to 6:00 PM.
2. Object and Scope of Application
These Terms and Conditions apply to visitors of the website ocantinhodasami.pt and to any commercial transactions carried out through it.
The customer with valid credentials (active user code and password) to access the online store ocantinhodasami.pt, hereinafter referred to simply as the Customer.
Browsing the website, as well as purchasing any product, implies acceptance of these Terms and Conditions by the user and the Customer.
O Cantinho da Sami reserves the right to change these Terms and Conditions without prior notice, with any changes being published on the website.
3. Information on Content
Reproduction, transfer, distribution or storage of the website's content without prior written authorization from O Cantinho da Sami is prohibited for purposes other than strictly personal use.
O Cantinho da Sami reserves the right to modify at any time the information and commercial offer presented regarding: products, prices, promotions, commercial conditions and services.
Product prices are in euros and include VAT at the legal rate.
The photos shown in the product descriptions are representative of the products themselves. An item from the same batch with similar dimensions and characteristics will be sent, except for items in the "Unique" category, in which case the product shown in the image will be sent. Please consider the following factors: color changes due to the production season or lack of sunlight during shipping; variegated plants may present other color variations, while still remaining variegated; flowering plants may no longer be in bloom at the time of shipment.
We recommend that the customer consult the detailed product description to obtain complete information about its characteristics.
Cantinho da Sami is not responsible, directly or indirectly, for any information, content, statements, identifications, or expressions contained in the texts of the articles sold on the website. The authorship of the content of the product descriptions comes from research, producers, and distributors of the articles in question.
Plant identification comes from information provided by suppliers, when available, and from user-researched and shared information. Therefore, O Cantinho da Sami cannot guarantee the accuracy of plant identification as it is not a producer.
If the information presented does not correspond to the actual characteristics of the product, the Customer has the right to rescind the purchase and sale contract under applicable legal terms.
Any incorrect product information on the website regarding descriptions, details, and prices detected by the user allows us to refuse their order.
All contractual information is written in Portuguese, as are item information, email communications, and sales formalization.
4. Intellectual and Industrial Property
All texts, comments, works, illustrations, and images reproduced or represented on the ocantinhodasami.com website are duly protected by their respective copyrights worldwide. Therefore, and in accordance with the Copyright and Related Rights Code, its use is only authorized for private purposes, without prejudice to more restrictive provisions contained in the aforementioned Code.
Any total or partial reproduction or representation of the website ocantinhodasami.pt or of all or part of the elements included therein is strictly prohibited, under penalty of recourse to the competent legal means against anyone acting in this way.
5. Responsibilities
All Products sold on the website comply with Brazilian law.
Cantinho da Sami disclaims any responsibility in case of violation of the legislation of the country where the order is delivered. It is the Client's responsibility to verify with the local authorities the import or use conditions of the products they wish to order.
Cantinho da Sami is not responsible for damages resulting from interference, interruptions, computer viruses, system failures or disconnections.
Cantinho da Sami is not responsible for any losses or damages caused by customs interventions due to the laws of each country.
We do not issue CITES phytosanitary certificates.
By placing an order, these risks are understood and accepted.
6. Customer and User Obligations
The Customer and User agree to comply with and respect these Terms and Conditions, namely:
To refrain from introducing, storing or disseminating through the website defamatory, obscene, offensive, xenophobic and/or any other content that violates general principles of law and public order;
To keep their website login password secure and not disclose it in order to prevent third parties from accessing their account on ocantinhodasami.com;
Not to use false identities;
To provide correct personal data and addresses so that O Cantinho da Sami can properly process orders.
It is expressly forbidden for its users to transmit messages or information that are offensive, misleading, defamatory, obscene, or that violate, in any way, the right to privacy or the intellectual or industrial property of third parties, as well as the provision of any information that may be harmful to third parties or to the site owner.
O Cantinho da Sami reserves the right to delete the account of any user who engages in any of these situations.
The Customer is responsible for the accuracy of the data provided to O Cantinho da Sami and undertakes to update any changes to this data in their registration account on the website ocantinhodasami.pt.
O Cantinho da Sami disclaims any responsibility for any delay or impossibility in processing the order, especially at the time of delivery, resulting from errors or insufficient data provided by the Customer.
7. Privacy and Protection of Personal Data
In compliance with Law No. 67/98 of October 26, on the Protection of Personal Data, we inform you that the processing of personal data collected on the website ocantinhodasami.pt is the responsibility of O Cantinho da Sami.
The data collected on this website is intended for processing orders and communicating with Customers, processing requests for information and any complaints, statistical analysis, as well as its use for direct marketing purposes.
O Cantinho da Sami guarantees the confidentiality of all data provided by its customers.
All Customers have the right to access, rectify, cancel and oppose the processing of their data. If you wish to be removed from our database at any time, you may exercise this right through the following means:
Email: geral@ocantinhodasami.com
Correspondence: Calçada do Tojal nº 14, 4705-473 Escudeiros, Braga - Portugal
Telephone: +351 938201441 (National landline call)
Use of cookies by O Cantinho da Sami
Cookies are small text files sent by websites you visit and stored on your computer. They are widely used for the operation of websites, or to increase their efficiency, as well as to provide information to website owners.
O Cantinho da Sami uses cookies to collect information about how visitors use its website. We use the information to create reports and to help us improve the website. Cookies collect information anonymously, including the number of visitors, the websites they came from, and the pages they visited.
Cookie technology helps us provide content tailored to visitors' interests. Websites that offer online purchasing options use cookies to record and process the items in your shopping cart. Whenever authorized, we may associate personal information with a cookie file in such circumstances.
8. Placing an online order
To make purchases through the website, you must register as a Customer by filling out the online form. After registering, simply add all the items you wish to purchase to your virtual shopping cart. You must follow all the steps of the purchase process for it to be successfully completed.
Cantinho da Sami informs that the prices practiced on the website ocantinhodasami.pt are exclusive to the online store.
Promotional campaigns may have limited stock.
Validation of the purchase order implies that the Customer has acknowledged and expressly accepts these Terms and Conditions, available for consultation on the website ocantinhodasami.pt.
As soon as you complete your purchase, you will receive an automatic email confirming the order. If the Customer finds that any information is incorrect, they should immediately request its correction or, alternatively, the cancellation of the purchase.
After the order is processed, the products will be reserved for up to 48 hours pending payment.
Whenever possible, we appreciate receiving proof of payment sent to geral@ocantinhodasami.pt so that it can be identified with the Customer's order.
9. Product Availability
Cantinho da Sami only ships on business days. Therefore, weekends and holidays are not included in the estimated delivery time. In any case, the estimated delivery dates are merely indicative.
If any product ordered by the Customer is unavailable due to a stock error, or because, being plants, there may be a problem/fungus with the plant, or in some cases because the plant is not in the best condition for sale due to being seasonal, after Cantinho da Sami has contacted the Customer, the delivery time or the price of the item may also change, and the order will only proceed after the customer's consent.
For most of the plants available for sale online, we have a very limited stock to avoid losses; in many cases, only one unit is in stock, which could easily lead to a problem with the plant and it not being in the best condition for sale at the time of ordering/supply.
Cantinho da Sami will do everything possible within its usual producers to obtain the replacement plant if it is found to be unsuitable for sale.
In case of absolute unavailability of the ordered product, Cantinho da Sami may offer the Customer a product of equivalent quality and price, if available, and in this case, the order will only proceed after the Customer's consent.
In case of absolute unavailability of the ordered product, and if it is not possible to offer the Customer any product of equivalent quality and price, or if the Customer has not given their consent to the alteration of the initially placed order, Cantinho da Sami will refund the amounts paid by the Customer within a maximum period of 8 (eight) days after notification of the cancellation.
10. Shipping and Shipping Costs
Shipping costs are the responsibility of the customer.
The Customer must select the shipping method offered by the website.
Orders will only be processed after payment confirmation, which may take up to 48 hours depending on the day and bank.
After payment confirmation, shipping may take up to 5 business days, as the plant may be damp and need to wait for ideal conditions before shipping.
Shipments to mainland Portugal and peninsular Spain are normally delivered within 48 hours of dispatch. For the islands (Azores and Madeira, Balearic and Canary Islands) and the rest of Europe, delivery times after dispatch may reach up to 15 business days.
Plants are shipped in their own pots, with some exceptions:
Shipments over long distances with delivery times exceeding 48 hours, such as to the islands (Azores and Madeira) and Europe (except peninsular Spain);
Plants whose pot and substrate pose a risk of rotting;
Plants with morphological characteristics where shipping without a pot is safer.
In these cases, the plants are shipped bare-root.
All plants are carefully wrapped to prevent damage during transport.
We do not guarantee a delivery time, as the carrier only delivers until 7 PM.
Any delays in shipping, considering the estimated delivery dates, do not entitle the customer to any compensation.
11. Cancellations, Exchanges, and Returns
The Customer may cancel their order at any time until delivery, with the right to a full refund of all amounts paid. Upon receipt of the order, the Customer may exercise their right of free withdrawal under the legally established terms and as indicated below, in particular, in Decree-Law No. 24/2014, of February 14.
Failure to pay for the order within 48 hours of the date it was definitively placed will result in its automatic cancellation.
In accordance with the provisions of Decree-Law No. 7/2004 of January 7 (as amended by Decree-Law No. 62/2009 of March 10 and Law No. 46/2012 of August 29), relating to electronic commerce, O Cantinho da Sami reserves the right to unilaterally cancel the order whenever there is a programming error.
Due to the perishability of our products, the customer has only 24 hours to request a return. This must be requested via email: geral@ocantinhodasami.com
If you notice any missing items or need to exchange items, you must contact O Cantinho da Sami within a maximum of 24 hours after receiving the material, via email geral@ocantinhodasami.com
All items are delivered in secure packaging. If you detect external damage to the product packaging, you must report this defect to the carrier at the time of delivery, also making reference to this damage on the delivery receipt.
Please note that a delivery receipt without reference to damage is equivalent to a product delivered in perfect packaging condition.
Within the scope of its Customer Satisfaction Policy, and in accordance with applicable legislation, O Cantinho da Sami allows the exchange or return (contract termination) of non-perishable items within 14 days from the date of receipt by the Customer, without payment of compensation and without the need to state a reason.
O Cantinho da Sami hereby informs that it may withhold reimbursement until it has received the returned goods, or until the customer provides proof of shipment of the goods, whichever occurs first.
The Customer must bear the full costs of returning the goods in case of exercising the right of free termination of the contract. In the case of returning goods that, by their nature, cannot be returned normally by mail, the Customer must bear the direct costs of said return, which are associated with the shipping costs listed in the shipping cost table.
For returns and exchanges, the Customer must comply with the following conditions:
After contacting O Cantinho da Sami via email: geral@ocantinhodasami.com and receiving return instructions, you may send the item, properly packaged in its original packaging, to the following address:
Travessa da Boavista Nº 94, 4805-226 Ponte, Guimarães - Portugal
All items will be checked upon arrival at our service and only those that meet the return conditions will be accepted for exchange or return.
In case of return, if the Customer chooses a refund, O Cantinho da Sami informs that:
The refund will be processed using the same payment method.
The refund will only be made after verification of the product's condition.
O Cantinho da Sami reserves the right to refuse items that do not meet these conditions.
12. Guarantee of Shipped Goods
Due to the perishability of our products, the customer has only 24 hours to request a return by emailing geral@ocantinhodasami.com.
Any problem with the shipment must be reported within 24 business hours via email, accompanied by photographs.
We will only be responsible for and accept the return of the order when the responsibility for the plants arriving in poor condition is attributed to our error: defects in the plant due to disease or an error in the order. In the case of loss of the order, damaged box, or delay during shipping that may cause damage to the plants, a claim will be made to the company contracted for the delivery service.
13. Applicable Law
All purchases made on the website are subject to Brazilian law. Any conflict or divergence in the interpretation of the Terms and Conditions will be submitted to the competent Portuguese court.
If the Customer is outside of mainland Portugal, O Cantinho da Sami hereby informs that any legal proceedings must be brought before the Portuguese Courts.
For any dispute arising from this contract, including all commercial transactions governed by it, the court of the district of Braga – Portugal shall have exclusive jurisdiction, with waiver of any other.