Terms & Conditions

 

These terms and conditions ("Terms & Conditions") are the terms and conditions upon which Kokuga Flower Studio ("Kokuga”, “we” or “us") make the Kokuga website at the domain www.kokuga.com.br, and other related subdomain websites ("Websites") available to you and any of our services which are accessible on or via the Kokuga Website ("Kokuga Service").

These Terms and Conditions govern your use of the Website and the Kokuga Service.

1. Products

1.1 All products as depicted on this Website (as may be varied from time to time) are available for delivery in the city of Lisbon only, unless otherwise stated. The areas/freguesias covered in the city of Lisbon are Ajuda, Alcântara, Alvalade, Areeiro, Arroios, Avenidas Novas, Beato, Belém, Benfica, Campo de Ourique, Campolide, Carnide, Estrela, Marvila, Misericórdia, Olivais, Parque das Nações, Penha de França, Santa Clara, Santa Maria Maior, Santo António, São Domingos de Benfica, São Vicente/Graça. Please contact us if you wish to have a product delivered in other region.

1.2 All products are subject to availability. In the event of any supply difficulties, we will contact the client to agree on a suitable substitution.

1.3 In the event that we are unable to supply all or parts of your order (the product or any substitute product to you at all), we shall notify you as soon as possible and reimburse your payment in full no later than 7 days after the intended delivery/collection date.

1.4 Regular deliveries are made 3 to 4 days after the order has been submitted on our website, unless another delivery option is available, selected by the client and confirmed by Kokuga Flower Studio. See section 5 for delivery services.

1.5 For floral arrangements using fresh flowers/plants, we guarantee the freshness of the flowers for 7 days from the date of delivery/pick-up. However, exceptions may apply to some flower types which are guaranteed for a minimum period of 5 days.

2. Prices

2.1 Prices include VAT for deliveries in Portugal.

2.2 Unless stated differently product prices exclude delivery costs.

2.3 Product prices are subject to change without notice.

3. Orders/Payments

3.1 You will be given clear instructions to navigate the order process and will be required to provide us with your complete personal details, including an accurate address, together with those of the intended recipient.

3.2 We only accept payments via PayPal or Credit/Debit cards (Visa, Mastercard and American Express).

3.3 By clicking on the 'Pay Now' button at the end of the order process, you are consenting to be bound by our Terms and Conditions contained in these terms and conditions and appearing anywhere on the website.

3.4 Submitting your order is subject to our acceptance of this offer. We will send an email confirmation of your order details to advise that we are processing your order via the email address you provided. We will not consider ourselves bound by a contract with you until we have issued this email confirmation.

3.5 We cannot accept orders from customers under the age of eighteen (18) years old.

4. Delivery

4.1 Please note our floral products are not available for delivery outside the city of Lisbon, Portugal.

4.2 Regular deliveries for floral products are made 3 to 4 days after the order is confirmed (Sundays and Bank Holidays excluded) in the morning (9am to 12pm) or afternoon (12pm to 7pm). Next day deliveries are available only upon request and after a confirmation is sent by us.  

4.3 Non-floral products may be delivered via mail (CTT). The product will be posted on the next business day after the order is confirmed.

4.4 To avoid problems or delays with delivery, please ensure that you have included the full address details, including accurate postcode of the intended recipient and telephone number, together with your contact telephone number or email address so that in the event of any delivery problems being we may contact you and confirm delivery details.

4.5 Please note that where the carrier is unable to find someone to accept delivery, or unable to leave the delivery in a secure location, they will leave a card at the address for the recipient to make contact and re-arrange delivery. An extra-fee might be applicable.

4.6 Before placing your order, please review delivery options and prices.

4.7 We shall not be liable for any failure to perform our obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.

5. Buy & Collect

5.1 All of our products are available to be collected at our studio in Lisbon (Calçada dos Barbadinhos, São Vicente, Lisbon), if you do not wish to pay a delivery fee. Please note that in order to collect any item at our studio it’s necessary to schedule a time in advance by contacting us.

5.2 Please note we shall not be liable for any damage the floral arrangements or other products may suffer during transportation when collected at our studio by the client or a third-party hired by the client.

5.3 Due to the bespoke, perishable nature of our products, we are unable to refund or offer replacement products for orders which you fail to collect.

6. Cancellation/Amendments

6.1 If for any reason you wish to change or cancel your order you can do so, subject to clause 6.2, by contacting us.. Please give 48 hours' notice before the requested delivery date.

6.2 We regret that you may not cancel an order for: (i) perishable goods once your order has been dispatched; or (ii) customised goods if, at the time you seek to cancel, the customisation process has begun.

6.3 In respect of non-perishable, non-customised goods you may return them until 14 calendar days after you have received the goods. If you exercise your right to return your order, you will be responsible for returning the goods to our studio in Lisbon at your own cost. Kokuga will reimburse the cost of your order, except for the delivery fee, after the goods have arrived at the studio. Kokuga reserves the right to deduct an amount for any diminished value of goods.

6.4 In the event that goods are to be returned, please contacting us in advance. After the goods are returned, you will receive a full refund except for the delivery cost, subject to clause 6.3.

6.5 You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.

6.6 In the event you are not satisfied with the Kokuga Service, please contact us and we'll do all we can to put the situation right, or, if you prefer, refund your money.

6.7 Because of the perishable nature of most our products and in order to assist us in resolving any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 1 working day of the date of delivery or intended delivery of your purchase.

6.8 Any complaints should be addressed in the first instance to:

  • By email: info@kokuga.com.br

  • By telephone: +351 932 427 890

6.9 Under European legislation, if you are not able to resolve any customer service issues you may have with a product or service you have purchased via our website or by telephone you may wish to consider an Alternative Dispute Resolution. For further information please visit the European Online Dispute Resolution Platform http://ec.europa.eu/consumers/odr/.

7. Promotional Codes

7.1 Kokuga promotional codes (also referred to as 'voucher codes') can be used against purchases made on www.kokuga.com.br for delivery in the city of Lisbon, Portugal.

7.2 Promotional codes must be entered in the relevant section of the order process on kokuga.com.br. We are unable to apply a promotional code to orders already placed.

7.3 Promotional codes are usually restricted to one use per customer and should not be passed on to additional recipients.

7.4 Promotional codes may also be set to a maximum number of redemptions - if we are not able to accept the promotional code you have entered it will be because the code has expired or the maximum redemption level for promotion has been met. We will advise you accordingly in the order process and the discount will not be applied.

7.5 Selected promotional codes may be restricted for use against specified products or services - details of any restrictions will be communicated at the point where we promote the promotional code to you.

7.6 Promotional codes cannot be exchanged for a cash alternative or used in conjunction with any other promotions.

7.7 Where the promotional code entitles you to a percentage discount against the product price, this excludes any and all delivery charges.

7.8 Where the promotional code entitles you to a free delivery offer, this will usually be for Kokuga standard delivery (3 to 4 days for floral arrangements and 1 business day for other products). Certain delivery dates may incur additional charges, such as delivery on Sunday's or public holidays etc.

7.9 Promotional codes may be suspended without notice for any reason. We will advise you within the order process if we cannot accept the promotional code you have entered.

7.10 We cannot be held responsible for non-availability of kokuga.com.br which may prevent use of promotional codes.

7.11 Changes to these terms of use may be made at any time.

8. General

8.1 We reserve the right to supplement and amend the Terms & Conditions on which you are permitted access to the Website from time to time. We will post any changes on the Website and it is your responsibility as a customer to review the Terms & Conditions on each occasion you access the Website. 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.

8.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Website for any reason at any time.

8.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Website, 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.

8.4 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions.

8.5 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.

9. Intellectual Property

9.1 All other rights, including copyright, in this website are owned by Kokuga Flower Studio. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Kokuga Flower Studio. You may not modify, distribute or repost something on this website for any purpose.