The online store tuaplanta.com is an e-commerce website operated by Luis Manuel Martinho do Carmo, Tax Identification Number (NIF) 252 754 409, with its registered address at Rua Joaquim Teófilo Braga N460, 5370-198 Mirandela, operating under the name Tua Planta.
Tua Planta reserves the right to modify these General Terms and Conditions of Sale at any time.
2. Purpose
These Terms and Conditions of Use and General Conditions of Sale establish the rights and obligations of all parties involved in the online purchase and sale of the products available on the website.
3. User Registration and Contact
To complete a purchase, the User must register on the website. During the registration process, the User will be required to provide certain personal information.
All communications with the User will be sent to the email address provided during the registration process. Unless otherwise specified, orders will be shipped to the address provided by the User during registration.
The User should therefore make every effort to ensure that their personal information is kept up to date. The User is solely responsible for the accuracy and validity of the information provided, and Tua Planta hereby disclaims any responsibility for the use of incorrect or inaccurate information.
Website login details will be sent to the email address used during registration. If the email containing the login details is not received, we recommend checking the SPAM folder.
4. Products and Prices
4.1. Products
WE WOULD LIKE TO DRAW OUR CUSTOMERS' ATTENTION TO THE FOLLOWING: Most of our products are handmade, giving each one a unique and exclusive character. In particular, plants and planters may feature patterns and colors that differ from those shown in the images.
The products available for sale on the website are those that the User can view while browsing the website, with the exception of products marked as "Unavailable Product" and subject to any unforeseen stock shortages.
In the latter case, if the User has already placed an order, they will subsequently be informed of the unavailability of any item. This information will be provided no later than the date on which the order is shipped.
If an order has already been paid for, Tua Planta will refund the User the amount paid for unavailable items in accordance with Section 8.3.3.
The fact that a product is displayed on the website does not imply that it is available for sale, and Tua Planta therefore assumes no obligation to make it available.
Tua Planta shall also not be held liable for any damages or losses resulting from the use of the products delivered.
The prices and specifications of each product may be changed without prior notice.
4.2. Price
Unless expressly stated otherwise, the prices displayed on the website are in Euros and apply to a predefined territory, which may correspond to the country or region indicated by the User during registration.
The displayed price already includes VAT at the legal rate applicable in Portugal on the date of purchase.
Tua Planta reserves the right to change the price of any product at any time and without prior notice and shall not be responsible for any price differences subsequently claimed by the User as a result of such changes.
Except in the event of an error resulting from the entry of pricing information on the website, which may subsequently be identified, the sale price of a product shall be the unit price displayed at the time the purchase is registered.
In the event of such an error, Tua Planta is responsible for informing the User of any price differences. The User shall then have the right to cancel or modify the order or proceed with the order based on the correct prices communicated to them. The User shall not have the right to purchase the product at an incorrectly displayed price.
The price indicated for each item does not include shipping and packaging costs. These costs will be displayed during the ordering process. Shipping costs are explained in greater detail in Section 6.1 of this document.
The User is entirely responsible for the payment of any duties, fees, taxes, or other charges imposed by the authorities of the country in which they are located and to which delivery of the order has been requested. Under no circumstances are these amounts included in the amounts payable to Tua Planta.
5. Website Browsing, Orders, Order Registration, and Payment
5.1. Website Browsing
The User may browse the website freely without being registered and, by doing so, does not incur any obligation to place an order.
Only Users registered on the website may place orders, as described in Section 3. Registered Users may also browse the website freely without any obligation to place an order.
5.2. Placing Orders
To place an order, the User must have one or more items in their shopping cart. After accessing the shopping cart, the User must select the "Proceed to Checkout" option.
Before proceeding with the order, the User may remove items from or add items to the shopping cart.
In the next step, the User must select the delivery method and payment method and may also apply any discount available to them (points, promotional voucher, exchange voucher, etc.).
At this stage, the shipping cost will be automatically calculated and added to the order, as described in Section 6.1.
5.3. Order Payment
The User may choose to pay by Multibanco or MB WAY.
5.4. Completing the Order
When the User selects the "Complete Order" option, the order will be registered and definitively confirmed in our system.
Before doing so, the User may go back and modify the order, payment method, or delivery method. However, once the order has been completed, it becomes final and can no longer be modified.
The User will immediately receive an email confirming that the order has been registered and displaying its details, including the items ordered and their respective prices, shipping costs, payment fees, and applicable discounts.
The purchase order will be stored by Tua Planta electronically and/or physically solely for the purpose of recording and processing orders.
This purchase order serves as evidence of the contractual purchase and sale relationship established between the User and Tua Planta.
5.5. Order Confirmation
All orders will be confirmed by Tua Planta through a second email reflecting any changes to the order resulting from the unavailability of an item. This email will also inform the User how to proceed with payment for the order.
5.6. Order Cancellation or Modification
Any order may be canceled at no cost to the User within 24 hours of placing the order, as described in Section 5.2.
Requests to cancel or modify an order must be sent by email to encomendas@tuaplanta.com.
6. Shipping Costs and Order Delivery
6.1. Shipping Costs
The weights displayed for products in the online store include the weight of the packaging materials.
Shipping costs are calculated automatically and shall be paid by the User. These costs may change without prior notice due to changes introduced by the shipping services used by Tua Planta, revisions to pricing tables, or errors identified in their calculation.
Likewise, if any changes are made to an order, whether initiated by Tua Planta or requested by the User, the shipping cost will be recalculated and adjusted if the new amount differs from the amount originally calculated.
6.2. Delivery Methods
Delivery services will be provided by third parties independent of Tua Planta and have been selected to ensure a reliable and high-quality service.
When the User places an order, the available delivery options for that particular order will be displayed automatically, together with the applicable cost and estimated delivery time.
You can view the shipping rates adopted by the store here: https://www.ctt.pt/particulares/enviar/para-portugal/correio-azul.
6.3. Delivery Time
The estimated delivery time varies depending on the type of product and the time required for its production.
If the selected product is not available for immediate shipment, the customer will be informed of the new estimated delivery date.
The estimated delivery time is provided by the relevant service provider, and under no circumstances shall Tua Planta be held responsible for delays or for deliveries made earlier than the estimated date.
6.4. Order Delivery
Orders will be delivered to the address provided by the User during the website registration process or, if this functionality was used, to the alternative delivery address provided during checkout.
Any permanent change of address must be made by the User by updating their registration details.
As previously stated, Tua Planta shall not be responsible for any damages or losses resulting from incorrect information contained in the User's account.
Tua Planta always recommends choosing a delivery address where someone will be available to receive the order during normal business hours.
7. Personal Data
7.1. Collection of Personal Data
The personal data collected during the website registration process is limited to the information strictly necessary to identify the User, contact them, and provide personalized customer service.
This information will also be used to process orders and to contact the User whenever necessary.
Your personal data is extremely important, and Tua Planta recognizes the importance of protecting it, regardless of its nature. For this reason, we have implemented a set of security measures designed to protect your information.
7.2. Use and Security of Personal Data
By registering or making an online purchase, the User expressly gives Tua Planta consent to use their personal information and address, as well as information relating to their purchases and payment methods.
This information will be stored and processed electronically and may be used for communications intended to enhance and personalize product and service offerings, promotional or advertising campaigns, or for order processing.
Tua Planta guarantees its Users that it does not rent or sell their data to third parties. All information is therefore confidential and used exclusively by Tua Planta, except where disclosure is required by law.
All information provided during registration will be used to:
– Process and complete your order and arrange its delivery, as well as notify you of its status.
– Ensure that Customer Support can contact you to respond to questions and relevant matters or to communicate new benefits or promotions.
At Tua Planta, access to your information is restricted and is permitted only when necessary to fulfill your order, including payment processing, delivery arrangements, and Customer Support.
Although all reasonable precautions have been implemented to protect User data, Tua Planta shall not be held responsible for any act that does not result from its own negligence.
In cases of improper use of the website, and independently of any applicable legal proceedings, Tua Planta reserves the right to cancel the User's registration, remove orders, and remove any other User content.
7.3. Updating Personal Data
The User is solely responsible for keeping the personal data collected by Tua Planta accurate and up to date and should, whenever necessary, log in to the website and update any information requiring correction.
8. Order Cancellation, Returns, and Product Exchanges
8.1. Order Cancellation and Returns
The User may cancel an order by sending an email to encomendas@tuaplanta.com within 24 hours, expressly stating their intention to cancel it.
After receiving the order, the User has 14 days to withdraw from the purchase and sale agreement concluded through the website, whether returning the order in full or in part.
To exercise this right, the User must notify Tua Planta by email at devolucoes@tuaplanta.com or by registered letter with acknowledgment of receipt sent to the address indicated in Section 8.2, stating the reason for the exchange.
(In accordance with Decree-Law 143/2001 of April 26, as amended by Decree-Law 82/2008 of May 20.)
8.2. Return Procedure
The User must send the items they wish to return to Tua Planta at the following address:
Rua Joaquim Teófilo Braga N460
5370-198 Mirandela
Portugal
The exercise of the right of withdrawal (return of products) must comply with the following conditions:
– Items must be returned in proper usable condition;
– Items must be returned with all labels attached, including the price tag or barcode;
– Items must be returned in their original packaging and in perfect condition, including all manuals and accessories;
– Items must not have been used;
– Products must be returned within a maximum period of five days from the date the order was received and must be accompanied by the corresponding proof of purchase;
– Return costs, except in cases expressly recognized by Tua Planta, shall always be borne by the User. This includes the shipping costs and fees paid by the User when receiving the order as well as the costs incurred in returning it;
– The User must inform Tua Planta which of the options described in Section 8.3 they wish to use to complete the return process.
8.3. Outcome of a Return (Exchange, Voucher, or Refund)
Once the User has returned part or all of an order in accordance with the conditions set out in Section 8.2, the User may choose one of the following options to resolve the purchase and sale agreement and complete the return process:
8.3.1. Return for Exchange for Another Item
If, when making a return, the User wishes to exchange the returned items for other products, they must state this intention when notifying Tua Planta of the return by email and clearly indicate which items they wish to receive in exchange.
In this case, in addition to paying the original shipping costs and the return shipping costs, the User must also pay the shipping costs associated with sending the replacement items.
If the value of the returned items differs from the value of the items requested in exchange, the difference will be adjusted as follows:
If the returned items have a lower value than the items requested in exchange, the User must pay the difference.
If the returned items have a higher value than the items requested in exchange, the User may choose to receive the difference either in the form of a voucher, as described in Section 8.3.2, or as a refund, as described in Section 8.3.3.
8.3.2. Return for Store Credit Voucher
When making a return, the User may choose to receive a voucher for the value of the returned items.
The voucher may be used for new purchases made through the website within a maximum period of 90 days from its date of issue.
8.3.3. Return for Refund
The User may also request a refund corresponding to the value of the returned items.
In this case, Tua Planta agrees to refund the applicable amount, subject to any necessary adjustments under Section 8.4.
Whenever possible, the refund will be issued using the same payment method originally used for the purchase and within a maximum period of 30 days from receipt of the returned items in accordance with Section 8.2.
8.4. Adjustments to Refund Amounts
Whenever the return of one or more items purchased with a discount based on the total purchase amount results in the minimum purchase requirement for that discount no longer being met, the refund amount will be adjusted proportionally based on the amount actually paid.
9. General Website Information and Copyright
All content available on the website is the property of Tua Planta and may not, under any circumstances, be reproduced, transferred, distributed, or stored without prior written authorization.
The photographs displayed for each product may not represent the actual product with complete accuracy regarding colors, shapes, or details.
Tua Planta shall not be responsible for measurements determined by the customer when selecting the size of a product.
Tua Planta assumes no responsibility for the improper use of any product or for any consequences resulting from such use.
10. AI generated content
Please note: Some images on this website were generated or enhanced using Artificial Intelligence and are for illustrative purposes only. As all of our pieces are carefully handcrafted, each planter is unique and may show minor variations in colour, texture, or finish compared to the photos.
11. Final Notes
Any request for information, suggestion, or complaint should be addressed to Tua Planta by telephone at +351 963 421 518, by email at suporte@tuaplanta.com, or by mail at the following address:
Tua Planta
Rua Joaquim Teófilo Braga N460
5370-198 Mirandela
Portugal