Terms & Conditions

GENERAL TERMS AND CONDITIONS FOR BLOOM CONCEPT 

Article 1 - Definitions

1.1 Bloom Concept: The service provider renting artificial flowers in vases.  

1.2 Client: The natural person or legal entity who enters into an agreement with Bloom Concept for the periodical rental of artificial flowers in vases.  

1.3 Agreement: The agreement between Bloom Concept and the Client concerning the periodical rental of artificial flowers in vases.  

1.4 Products: Artificial flowers in vases rented to the Client by Bloom Concept.  

1.5 Private Membership: A subscription for the periodical rental of artificial flowers in vases by a private individual (consumer).  

1.6 Corporate Membership: A subscription for the monthly rental of artificial flowers in vases by a corporate entity.

Article 2 - Applicability

2.1 These General Terms and Conditions apply to all offers, agreements, deliveries, and services of Bloom Concept.  

2.2 Any general terms and conditions of the Client are expressly rejected.

Article 3 - Offers and Agreements

3.1 All offers and price proposals from Bloom Concept are non-binding and can be cancelled or modified by Bloom Conceptat any time.  

3.2 An agreement, whether a Private Membership or Corporate Membership, is established when the Client places an order, indicates acceptance of an offer or proposal from Bloom Concept, or when Bloom Concept has commenced executing the order or assignment.  

3.3 Without prior written consent from Bloom Concept, the Client cannot transfer their rights and obligations under the agreement, Private Membership, or Corporate Membership to third parties.  

3.4 To be eligible for a Private Membership or Corporate Membership, the Client must be resident/established in the Greater Lisbon area.

Article 4 - Prices and Payment

4.1 The agreed prices include VAT. 

4.2 Bloom Concept reserves the right to change the prices of products offered and yet to be delivered during the term of the Membership, such as expanding the variety of flowers, the size of the bouquets, and the service (such as the number of exchange moments). Bloom Concept will inform the Client at least 14 days before a change takes effect.  

4.3 Promotions and offers are valid while supplies last.  

4.4 Payment must be made using the payment options provided by Bloom Concept. If the Client wishes to use direct debit, they authorize the payment provider selected by Bloom Concept to collect payments from the Client's specified bank account via Portuguese direct debit.  

4.5 Payment must be made no later than 14 days after the agreement has been concluded. Periodical payments for a Membership are made on the 25th of the relevant month. A business Client is not allowed to suspend, offset, and/or reduce their payment obligation.  

4.6 In case of late payment, the Client will be in default by operation of law and will owe statutory (commercial) interest from the date specified in Article 4.5.  

4.7 If the Client fails to pay the full amount due after a reminder, which is sent exclusively electronically, Bloom Concept is entitled to engage a collection agency, the costs of which will be borne by the Client, and to block Bloom Concept's services for the Client in question.

Article 5 - Delivery, Delivery Time, and Execution

5.1 Bloom Concept delivers in the Greater Lisbon area. The indicated or agreed delivery times and dates are approximate and not binding.  

5.2 For each delivery or exchange, a fee of EUR 15 including VAT per bouquet will be charged.  

5.3 If the Client, for any reason, fails to accept the delivery of the products at the agreed time, all costs incurred by Bloom Concept, including transport, storage, and preservation costs, will be borne by the Client.  

5.4 Delivery takes place at the address specified by the Client at the time of ordering. The Client must ensure that the products can be personally received at the agreed time. If personal transfer is not possible, the Client is considered in default regarding acceptance and/or exchange.  

5.5 If personal transfer of the products is not possible at the agreed time, the products can be offered at another time against payment of additional delivery costs.  

5.6 Bloom Concept reserves the right to engage third parties in executing the Agreement. The Client is bound by the conditions Bloom Concept agrees upon with these third parties.

Article 6 - Usage Conditions

6.1 The Client must use the products as a good custodian and may not make any modifications to the products.  

6.2 The products remain the property of Bloom Concept at all times.  

6.3 In case of damage to or loss of the products, the Client must immediately report this to Bloom Concept. The costs for repair or replacement are at the Client's expense.

Article 7 - Duration and Termination of the Agreement

7.1 The Agreement is entered into for an indefinite period with a minimum period of 12 months unless otherwise agreed.  

7.2 After the minimum period, the Agreement can be terminated monthly with a notice period of one month.  

7.3 Bloom Concept has the right to terminate the Agreement with immediate effect if the Client does not comply with the terms of the Agreement.  

7.4 The Client is entitled to terminate the Membership at any time via electronic mail, the website and/or in writing. The termination must be received and confirmed in writing via electronic mail by Bloom Concept no later than 10 days before the Agreement expires.

Article 8 - Liability

8.1 Bloom Concept is not liable for any indirect damage, including consequential damage, lost profits, missed savings, and damage due to business interruption.  

8.2 The liability of Bloom Concept is at all times limited to the amount the Client has paid in rental fees in the last three months.

Article 9 - Ownership and Care of Artificial Flowers

9.1 During the term of the Agreement Bloom Concept remains the owner of the delivered artificial flowers with matching vase at all times. While the artificial flowers with vase are at the Client's location, the Client must handle them with care. The artificial flowers with vase may not be placed at a different location without prior written consent from Bloom Concept, as specified in the Agreement.  

9.2 It is not allowed to mix the artificial flowers with real flowers/plants/items. It is also not allowed to water the artificial flowers. Any damage to the artificial flowers and/or vase will be charged to the Client as specified in article 6.3.  

9.3 If the Client is unable to return the artificial flowers with vase in their original condition at the agreed time, a fee will be charged according to article 6.3. If the Client partially fails to return the artificial flowers (e.g., some artificial flowers are damaged/missing), an additional fee will be reasonably determined by Bloom Concept and charged.  

9.4 Before or at the time of delivery, Bloom Concept will take a photo of the artificial flowers and vase, which will document the original condition of the delivered items between Bloom Concept and the Client.

Article 10 - Force Majeure

10.1 Bloom Concept is not obliged to fulfil any obligation towards the Client if it is hindered from doing so due to a circumstance that is not attributable to fault and is not for its account under the law, a legal act, or generally accepted practice.  

10.2 Force majeure includes any circumstance beyond Bloom Concept's control that prevents the fulfilment of obligations towards the Client, wholly or partly.

Article 11 - Confidentiality

11.1 During and after the term of the Agreement, each party must treat as strictly confidential, and, as the case may be, must cause its directors, employees, representatives, and advisors to treat as strictly confidential, the contents of the Agreement, any information regarding the parties and their businesses, as well as any information provided by the parties in the course of the negotiation of the Agreement or pursuant to it, except as regards information that:

(i) The other party previously authorized in writing to be disclosed.

(ii) Is or becomes publicly available at the time of the disclosure (except if by breach of the Agreement).

(iii) Needs to be disclosed in order to comply with a legal and/or regulatory obligation, a judicial or administrative order.

(iv) Needs to be disclosed in order to preserve, demand, or make possible the performance of the rights and obligations arising from the Agreement.

(v) Is required to provide information to its advisers, auditors, and financial entities when they reasonably require knowledge of the same, on the condition that in any event they are bound by law or by agreement to maintain the confidentiality of the acquired information.

11.2 The parties further undertake to use the above information solely for the purposes contemplated in the Agreement, to communicate it solely to the persons who need to receive it, and to limit the disclosed information to the maximum possible extent.

Article 12 – Suspension of services

12.2 Bloom Concept  may terminate this Agreement without any obligation to state any reason, on three months' prior notice by way of electronic mail to the email address of the Client.

12.3 By giving notice by electronic mail, Bloom Concept is entitled to terminate this Agreement with immediate effect upon the occurrence of any one of the following events:

(a) Failure by the Client to comply with any of its obligations under this Agreement;

(b) The incidence of an event that would unreasonably burden or affect Bloom Concept in such a way that it cannot be reasonably expected to continue its services under this Agreement.

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