Terms and Conditions

General Conditions of Use:
Access to and use of the Website’s functionalities are subject to these General Conditions of Use, as well as any applicable national or community laws and regulations. It is recommended that the user carefully read these General Conditions of Use. If you do not accept and undertake to respect each of these terms and conditions, you will not be authorized to access or otherwise use the Website. Access to and use of the Website by users implies their acceptance and commitment on their part to respect each and every one of the terms and conditions set out below. If you are using the Website on behalf of someone else or on behalf of an institution, confirm that the person you are representing also agrees with the terms and conditions, committing to comply with them.

These General Conditions of Use may be amended, modified, expanded or updated at any time and without prior notice. Any Content displayed and/or made available on the Website will also be subject to these General Conditions of Use, with effect from the date of use. We recommend that you check the Website periodically in order to stay up to date with any changes and updates.

The Website is not intended to be used by minors under 18 (eighteen) years of age, therefore, information resulting from the interaction of minors with the Website is not intentionally collected. Horto-Floricola de Santo Antão, Lda., is not responsible for the interaction or access to the Website Content by minors.

Access to some of the contents of the Website may be conditioned to the user’s prior registration, as well as the respective authentication, through identification and password. We will use our best efforts to keep the Website accessible.

However, Horto-Floricola de Santo Antão, Lda., reserves the right to suspend, temporarily and without prior notice, access to the Website or to certain areas or functionalities available therein, namely for maintenance reasons, not assuming any liability for damages arising from any situations of impossibility, delay, suspension or interruption in access to the Website due to technical failures or other reasons. Horto-Floricola de Santo Antão, Lda., does not guarantee that access to the Website will not suffer interruptions or disturbances resulting from technical problems.

Horto-Floricola de Santo Antão, Lda., reserves the right to complete, modify or delete the Content and Functionalities of the Website.

Correct Use of the Website:
The user undertakes to make proper and lawful use of the Website, as well as the Contents contained therein, in accordance with the legislation applicable at all times.
The user must refrain from:

• Make unauthorized or fraudulent use of the Website and/or the Content with illicit purposes or effects, harmful to the rights and interests of third parties, or that in any way may cause damage, render useless, overload, deteriorate or prevent the normal use of the services or of documents, files and all types of content stored on any computer equipment.
• AAccess or attempt to access resources or restricted areas of the Website without complying with the conditions required for such access.
• Introduce or disseminate on the network programs, viruses, macros, applets, ActiveX controls or any other device that causes or is likely to cause any type of alteration in the computer systems of the Website or third parties.
• Cause damage to the physical and logical systems of people associated with it or third parties, introduce or spread computer viruses or any other physical or logical systems on the network that are likely to cause the damage mentioned above.
• Copy, reproduce, recompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, import, make derivative works of, transmit or exploit portions of the Website, except (i) importing content from the Website and/or make a copy for your non-profit personal use and (ii) sharing Content, provided that the user acknowledges all copyright inherent to the Website and its Content.
• Obtaining and trying to obtain the Content or Products offered on the Website using means or procedures other than those that, depending on the case, have been placed at your disposal or that have been expressly indicated on the Website or, in general, those commonly used on the Internet as they do not represent a risk of damage, disablement or fraudulent use of the Website and/or its Content.

The user guarantees that the activities carried out in the use or access to the Website will in no case be offensive to the good name and commercial image or of people or entities associated with it, to other users of the Website and Platform or third parties.

In the event of non-compliance with any of the stipulations of these General Conditions of Use by the user, Horto-Floricola de Santo Antão, Lda., reserves the right to temporarily or permanently interrupt the user’s access to the Website.

Responsibility for Improper Use:
If the user uses the Website improperly and/or illegally, in particular in direct or indirect violation of these General Conditions of Use, the user will be liable for any damage or loss. In the event of non-compliance with these General Conditions of Use, Horto-Floricola de Santo Antão, Lda., reserves the right to unilaterally cancel, at its sole discretion and without prior notice, access, use, and/or registration of any user on the Website, without this giving rise, in any case, to any compensation to the user in question.

The user undertakes to inform Horto-Floricola de Santo Antão, Lda., without delay, whenever he observes an unauthorized use of the Website or becomes aware that a violation of a right is being produced, or if it is taking use contrary to these General Conditions of Use.

Intellectual and Industrial Property and Domain Name:
Horto-Floricola de Santo Antão, Lda., is the owner of all intellectual and industrial property rights over all materials and elements that appear on the Website and/or is duly authorized by the respective owners to publish and disseminate them. Horto-Floricola de Santo Antão, Lda., owns the domain www.horto-floricola.com and www.rosasdasbatalha.com. Any improper and unauthorized use implies an infringement of the rights conferred by your registration.

Browsing or acquiring a Product or service does not grant the user any right to change, exploit, reproduce, distribute or publicly communicate the intellectual or industrial property of the Products or Services made available by Horto-Floricola de Santo Antão, Lda., nor of Website Content.

However, the user may (i) view the Content of the Website and even print, copy and store these elements on the hard disk of his PC or on any other physical support, as long as it is, solely and exclusively, for his personal use, as well as how (ii) share published content, provided that all copyright, intellectual property and other associated rights are respected (in which case, unless expressly stated otherwise, deep-links must also be considered authorised).

The materials and information shared or published on the Website must respect the image and intellectual and industrial property rights that may exist on them.

Consumer Rights:
The items or services marketed by Horto-Floricola de Santo Antão, Lda., at www.horto-floricola.com and www.rosasdasbatalha.com are covered by the legal regime, for the defense of consumer rights, in accordance with the legal norms and regulations in force in Portugal, namely those resulting from the following diplomas: (i) Legal Regime Applicable to Consumer Protection, approved by Law No. 24/96, of July 31, also known as the Consumer Protection Law (hereinafter LDC”); (ii) Decree-Law No. 84/2021, of October 18, which regulates consumer rights in the purchase and sale of digital goods, content and services (hereinafter “DL 84/2021”); and (iii) Regime Applicable to Distance and Off-premises Contracts, approved by Decree-Law No. 24/2014, of February 14 (hereinafter the “RCCD”). In accordance with these diplomas, the user and/or customer of Horto-Floricola de Santo Antão, Lda., who is a natural person and purchases Products not intended for commercial, industrial, artisanal or professional activity, qualifies as a consumer.
The consumer benefits from a legal protection regime under which, in addition, he is entitled: (i) to the quality of the Products; (ii) information for consumption; (iii) the protection of economic interests; and (iv) the prevention and reparation of pecuniary or non-pecuniary damages that result from the offense of homogeneous, collective or diffuse interests or individual rights.

Exclusion of Warranties and Liabilities:
Access to and use of the Website are the sole responsibility of the user. The user acknowledges that he uses the Website at his own expense and responsibility.

Horto-Floricola de Santo Antão, Lda., does not guarantee or be responsible for damages, losses, claims or costs of any nature that are due to the following circumstances:

• Compatibility of the Website with the hardware or software used by the user.
• Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the functioning of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or by any other cause beyond the control of Horto-Floricola de Santo Antao Ltd.
• Illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
• Misuse or inappropriate use of the Website.
• Security or navigation errors caused by a malfunction of the browser or the use of non-updated versions of it.

Any repairs to user damages attributed to Horto-Floricola de Santo Antão, Lda., which result from a fault that is directly attributable to it, will correspond to direct damages, with the express exclusion of indirect damages, consequential damages or lost profits.

Civil Responsability:
Unless arising from a contract in force between Horto-Floricola de Santo Antão, Lda., and the user or third party, Horto-Floricola de Santo Antão, Lda., its administrators, directors and employees, partners, branches, subsidiaries, successors and assignees, as well as their agents, will not be liable, directly or indirectly, in any way, to the user or any other person for: (i) errors and omissions on the Website; (ii) delays, errors or interruptions in the transmission or delivery of content through the Website; (iii) loss or damage, or for any other reason of non-compliance.

Privacy Policy:
The Personal Data provided by the holder through the interaction with the Website or in the use of its Functionalities will be processed and stored by computer by Horto-Floricola de Santo Antão, Lda., within the scope of pre-contractual or contractual relations, including any situation resulting from or related to with the contractual or pre-contractual relationship, regardless of its nature.

Horto-Floricola de Santo Antão, Lda., recommends a careful reading of the Privacy Policy, which provides important information on how Horto-Floricola de Santo Antão, Lda., handles the personal data provided, the security standards used for data protection and explains the rights of Data Holders, which the user can consult.

Cookie Policy:
Horto-Floricola de Santo Antão, Lda., recommends a careful reading of the Cookies Policy, which provides important information on how cookies are used on the Website and Platform.

Communications and Complaints:
Any communication that the User wishes to make to Horto-Floricola de Santo Antão, Lda., , namely complaints, must be sent by sending a written communication through the contacts and means available on the Website.

The user expressly accepts the use of email as a valid procedure for sending all communications related to the use of the Website, and/or the acquisition of Products or Services.

Applicable Law:
These Terms of Use are governed by Portuguese law. If any provision is found to be unlawful or unenforceable by a court of competent jurisdiction, this will not affect the validity and enforceability of the remaining provisions.

Dispute Resolution:
If you have a complaint or complaint about the Conditions of Use of the Website, you must send a written communication through the contacts and means made available on the Website. Horto-Floricola de Santo Antão, Lda., will respond as soon as possible, proposing a solution.

Any dispute or claim derived from or related to these General Conditions of Use or the use of the Website must be submitted to the competent courts.
The user may also resort to the competent alternative dispute resolution entity.

Without prejudice to the provisions of legislation, statutes and regulations to which alternative dispute resolution entities are bound, the user may opt for the European online dispute resolution platform available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN, by the alternative dispute resolution entity at your place of domicile or by the alternative dispute resolution entity with specialized competence.