Terms and Conditions
Purpose
The following Terms and Conditions establish the contractual relationship between the end consumer (the “Customer”) and QRoses Portugal LDA (“QRoses”) regarding the purchase of any of the available products (the “Products”) on the website www.qroses.com (the “Site”). These Terms and Conditions are supplemented, where applicable, by the QRoses Privacy Policy (the “Privacy Policy”).
QRoses reserves the right to periodically and unilaterally modify the Terms and Conditions. Customers are advised to read them each time they visit the Site. Modifications will apply from the date of their publication on the Site, without affecting previous purchases.
Purchases of Products on the Site are governed by the Terms and Conditions in effect on the date of the order. The Customer accepts the current version of the Terms and Conditions upon making a purchase after reading them.
By accessing the Site, the Customer agrees to comply with and respect the Terms and Conditions. QRoses may modify the price of the Products at any time, although the prices displayed on the Site at the time of purchase will always take precedence for the Customer, even if they may be modified afterward.
Registration
Registration on the Site is optional and not required for making purchases. However, the Customer may choose to register to track order history and streamline future purchasing processes.
Orders
Orders are placed exclusively through the purchase pages of the Site and are confirmed to the Customer by email after the purchase on QRoses’ Site. For clarification, the Site is not a wholesale establishment. Therefore, purchases of Products made on the Site will be specifically governed by e-commerce legislation, particularly by Decree-Law No. 24/2014, of February 14, which transposes Directive 2011/83/EU on consumer rights.
QRoses reserves the right to reject purchase orders that do not comply with its internal policies. If the Customer wishes to cancel an order, they may do so up to one hour after placing it on the site. To cancel, simply send us an email within that timeframe to support@qroses.com.
Messages
During the purchase process, the Customer drafts the text message intended for the recipient, which is stored on QRoses’ servers for a period of six months. After this period, the message content will be deleted. It is important to note that QRoses assumes no responsibility for the content of the message, as it is the Customer’s sole responsibility to ensure compliance with current legislation, moral principles, and public order.
Any offensive, immoral, or illegal content will be immediately removed from the servers where it has been stored, and QRoses reserves the right to claim any damages that may result.
Recipient’s Response
Once the Product is received and the message is read, the recipient will have the option to respond to it via the QR-Card by sending a reaction to the Customer.
Price and Payment Method
Prices include applicable taxes. Payments are made by credit/debit card, PayPal, Multibanco, Apple Pay, or Google Pay.
Product Availability
QRoses may adjust product availability due to high demand or temporary lack of supply. Therefore, QRoses reserves the right to modify product availability at any time, even after the Customer has placed an order. Once QRoses accepts, processes, and charges an order, it is prepared for shipping according to stock availability. However, if a product is unavailable, we will cancel the order, refund the Customer, and inform them of the situation with our apologies.
QRoses will inform the Customer about the processing status of their order as promptly as possible via email or any other means that confirms submission. Notwithstanding the above, the Customer has the right to exercise the right of withdrawal, except in cases legally provided for in Article 103 of Decree-Law No. 24/2014, of February 14.
Shipping and Delivery Times
QRoses now delivers throughout the Iberian Peninsula (mainland Portugal and mainland Spain). We do not deliver to PO boxes.
Our delivery service is free and available from Monday to Friday (we do not deliver on Saturdays, Sundays, or holidays, except on Mother’s Day). In mainland Portugal, deliveries are made by the end of the next business day after confirmation. Exclusively in Lisbon, orders received by 1:00 PM are delivered on the same day, typically before 6:00 PM; orders received after 1:00 PM are delivered by the end of the next business day. In Madrid, deliveries are completed by the end of the next business day, and in the rest of mainland Spain, by the end of the second business day.
For urgent deliveries, we offer an express delivery service, currently only in Lisbon. We guarantee delivery within up to 2 hours after order confirmation. This service has an additional cost of €22.50 (taxes included) and is available only for orders placed on the same day, Monday to Friday, until 4:00 p.m.
Delivery times are estimates and may vary depending on the times established by the transport company, as well as the time the order is placed on the site. The Customer will be informed of the expected delivery date via a specific notification by email sent by QRoses.
An order is considered delivered when the product is received by the recipient designated by the Customer, upon signature of the delivery receipt or, alternatively, at the collection point provided by the carrier, upon the recipient’s request. QRoses recommends that the recipient check the condition of the products at the time of receipt and report any discrepancies or complaints that may arise.
The risk of loss or damage of the purchased product is transferred to the Customer when the carrier delivers it to the recipient or at the designated collection point.
Cancellation
In accordance with Decree-Law No. 24/2014, of February 14, with the exceptions provided for in Article 17 of the said decree-law, the Customer has a legal period of 14 calendar days, from the moment they acquire physical possession of the Product, to withdraw from the purchase of the Product without justification and without any penalty. The right of withdrawal cannot be exercised for sealed Products that are not suitable for return due to potential deterioration or rapid expiration (e.g., flowers, etc.).
Additionally, QRoses informs the Customer that the right of withdrawal will not be accepted when the Product subject to return is not exactly as purchased, has been opened after delivery, is not in perfect condition, or has been used, unless the purchased product presents some kind of defect. QRoses recommends that the Customer, before exercising the right of withdrawal and/or cancellation of an order, contact QRoses via email: support@qroses.com.
Guarantees
QRoses declares and guarantees that it can sell its products from the Site. QRoses declares and guarantees that its internet platforms are technically prepared for the sale of the offered products. QRoses makes every effort to ensure that the information displayed on the Site is as correct and accurate as possible. The Products offered through this Site may have slight variations in terms of specifications or other characteristics according to the requirements established by QRoses at any given time. QRoses guarantees the quality of all its Products, in accordance with legally established terms.
If the Product purchased on the Site presents any defect, fault, or deterioration not related to misuse, the Customer must notify customer service at support@qroses.com as soon as they become aware and always within 3 days from the delivery of the Product. To avail of the warranty, it is essential to present the invoice or purchase receipt of the acquired Product.
In cases where the use of the warranty is justified, the defective Product will be replaced or refunded, in accordance with legally established terms. In such cases, all expenses arising from the return of the purchased Product will be borne by QRoses, which will be responsible for managing the transport with the carrier. This warranty is independent of the right of withdrawal reflected in the previous section.
Communications
All communications and claims from the Customer can be made via email to support@qroses.com or in writing to the headquarters of QRoses Portugal LDA located at Rua de São Nicolau 73, Estoril 2765-170, Lisbon – Portugal. Any clause in these Conditions of Sale should be interpreted to not violate the mandatory rules of applicable legislation, especially those related to consumers. In any case, consumer rights arising from these mandatory rules are respected for all online orders placed. Any clause or provision in these Terms of Sale that is or becomes illegal, invalid, or unenforceable shall be excluded from them and deemed unenforceable to the extent of such illegality, invalidity, or unenforceability, and shall be replaced by another clause or provision as close as possible to the previous one. However, this shall not affect or prejudice the remaining provisions, which shall remain unaffected by any illegal, invalid, or unenforceable clause or provision and shall remain in full force and effect.
Applicable Law and Jurisdiction
For any dispute or issue relating to the Site, the applicable law will be Portuguese law in force at all times. These Conditions of Sale are subject to Portuguese law, with consumer rights recognized by consumer protection legislation prevailing in all cases. The Customer may also use the European Commission’s online dispute resolution platform.