Terms of service

 

 

These terms and conditions refer to the use of the website www.nubiaessenciais.pt by users and their relationship with our brand. 

The website www.nubiaessenciais.pt is owned and managed by Célia Cláudia Fangueiro da Silva, individual entrepreneur with tax identification number 255165498, with tax address at Rua Abade Martins Faria, 323, 4495-371 Póvoa de Varzim - Porto, with contact telephone (+351) 933 398 848 (call to the national mobile network) and email contact geral@nubiaessenciais.pt – hereinafter NÚBIA.

These Terms and Conditions (hereinafter “Terms”) define the use of the NÚBIA web page (hereinafter “Site”) by users (hereinafter “User”) and their relationship with our brand (hereinafter “We”, “our”). Please read all articles carefully as they affect your rights and obligations under current legislation. 

You, by ordering any of our products or services, agree to be bound by these Terms.

You should print a copy of these Terms for future reference.

If you have any questions regarding these Terms, please contact us.

 

1. Agreement

By using the Website you agree to be bound by these Terms and authorize us to transmit data (including updated information) to obtain information from third parties, including but not limited to, your debit and credit card numbers or related credit reports to authenticate your identity, validate your credit card, obtain initial credit authorization, and authorize individual transactions.

 

1. Amendments

We reserve the right to:

– update these Terms regularly. It is your responsibility to check such modifications. These modifications will be applied to the use of the Website after notification of the same is issued through an announcement on the Website. If the User does not want to accept the new Terms, they must not continue to use the Website. Continued use of the Website after the date on which the modifications take effect indicates your agreement to be bound by the new Terms;

– modify or withdraw, temporarily or permanently, this Website and the material (or parts) contained therein without prior notice and the User accepts that we cannot be held responsible for any modification or withdrawal of the Website or any contents;

– deactivate any user identification code or password that We provide to You, whether chosen by You or assigned by Us, at any time, if in Our opinion the User has failed to comply with any item set out in these Terms.

 

1. Registration

The User, when using this Website, guarantees that:

– is legally capable of entering into binding contracts;

– the personal information you provide at the time of registration is true, accurate, up-to-date and complete at all points;

– and you are not impersonating another person or entity.

The User undertakes to notify us immediately of any changes to their personal information via email or telephone.

 

1. Privacy Policy

All your personal information will be treated as confidential and will be processed and used in accordance with our Privacy Policy. By using the Website you consent to such processing and guarantee that all information provided is accurate.

When you purchase from this Website, we will ask you to enter personal details so that we can identify you, such as your name, email address, billing address, shipping address, credit card information or other payment methods. We guarantee that this information will be stored by Us, in accordance with all legal provisions in force in Portugal.

 

1. Protecting your security

To ensure that your debit, credit or prepaid card is not being used without the User's consent, we will validate the name, address and other personal information provided during the order process, with appropriate third-party databases. We take the risk of online fraud seriously. There is a possibility that the User will be contacted for additional security checks and therefore we request your cooperation.

Fraudulent transactions will not be tolerated and any attempt will be reported to the competent authorities.

By accepting these Terms, the User consents to these checks being carried out. In carrying out these checks, personal information provided by the User may be disclosed to registered credit agencies who may maintain a history of this information. This is done only to confirm the User's identity. We do not perform any credit checks and your credit rating will not be affected. All information provided by the User will be treated securely and in accordance with current law.

  

1. Observance 

This Website may only be used for lawful purposes and in a lawful manner. The User agrees to comply with all applicable laws, statutes and regulations in relation to the Website and its use.

The User agrees not to:

– upload or transmit through the Website any computer viruses, Trojans, Worms, logic bombs or anything created with the purpose of interfering with or interrupting the normal functioning of a computer;

– upload or transmit through the Website any defamatory, offensive or obscene material; It is

– attempt to access the Website, the server where it is hosted or any server, computer or database connected to the Website without authorization. You must not attempt any denial of service (“DoS”) attacks on our Website.

Any such breaches will be reported to the relevant authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of a violation of this provision, the User's right to access the Website will be immediately terminated.

We will not be responsible for any loss or damage caused by a DoS attack, viruses or other technologically harmful material that may affect your computer equipment, programs, data or other proprietary material due to your use of the Website or your downloading of any material placed there or on any web page linked to the Website.

 

1. Links to third parties 

For the convenience of our customers, the Website may include links to other web pages or material beyond our control. Please be advised that we are not responsible for such pages or material nor do we review or endorse them. We will not be responsible for the privacy practices or content of these pages nor for any damage, loss or offense caused or alleged to be caused in connection with the use of our reliance on any advertising, content, products, materials or services available on such pages or media. external.

 

1. Orders

All orders are subject to acceptance and availability. If the ordered goods are not available, the User will be notified by email (or other means if an email address has not been provided) and may choose to wait for the product to become available in the warehouse or cancel the order.

Any orders placed by the User will be treated as an offer to purchase our goods or services and, as such, we reserve the right to refuse such offers at any time. The User acknowledges that the automated confirmation of his order does not validate our acceptance of his offer to purchase products or services advertised on the Website. The conclusion of a contract between Us and the User will occur when:

(i) there is payment for said order or;

(ii) we dispatch the goods or commence services at the latest, when an email will be sent to the User confirming that the contract has been completed (“Dispatch Confirmation”). 

The contract will only relate to goods or services whose dispatch has been confirmed in the Shipping Confirmation;

We will take all reasonable care to keep your order and payment details secure, therefore, in the absence of negligence on our part, we will not be held responsible for any loss you may suffer if a third party gains unauthorized access to any data provided by User when accessing or ordering from the Website.

Products sold on the Website are not for resale or distribution. We reserve the right to cancel orders and suspend accounts that we believe are ordering products in violation of this point.

NÚBIA reserves the right to establish a minimum purchase value in its online store, set at €15, which may be changed at any time and without prior notice.

It is the User's responsibility to bear the risk of the products once delivered to the delivery address specified at the time of ordering. We accept no liability where an incorrect delivery address is provided or where the User fails to collect products from the specified delivery address.

Despite this, the risk of loss or damage to the products will only be your responsibility after delivery to the delivery address.

NÚBIA entrusts the delivery of its orders to an external transport service, sending the ordered product(s) on the days and times used by the logistics company, to the delivery address indicated by the customer.

The estimated time for delivery of orders varies between 1 to 2 working days for deliveries in mainland Portugal, 3 to 5 working days for deliveries to the Azores or Madeira Archipelagos and 3 to 7 working days in other European countries.

Delivery times may be delayed during periods of higher volume of orders, such as sales period, Christmas, Black Friday, among others. 

The costs applied to sending the order are the responsibility of the customer, and for each order, this value is automatically calculated during the check-out process, based on the number of items, their weight and size and the order's destination address. , according to the following table:

 

Mainland Portugal – orders up to €55: €4 

Mainland Portugal – orders worth €55 or more: free

Azores and Madeira: €7.80, shipping by Registered CTT

European Union: €10, shipping by Registered CTT

NÚBIA is not responsible for any costs associated with possible customs clearance, which are the responsibility of the customer.

NÚBIA will inform the customer of the unavailability of the product(s) ordered, as well as refund the amount paid, within a maximum period of 15 (fifteen) days from becoming aware of the unavailability.

Delivery is considered made with the signature on the delivery receipt at the agreed address.

 

1. Rights of exchange or cancellation

As provided by law, NÚBIA allows the exchange and return of items, as long as they have not been used by the customer and maintain the same presentation conditions as when they were sent.

Requests for exchange or return must be addressed unequivocally, to the email geral@NÚBIAessênios.pt, within a maximum period of 14 days after receipt of the order.

After receiving the item(s) at our facilities, we carry out a careful analysis of them and the exchange/return will only be accepted if the following requirements are met:

a) The product(s) does not show signs of use or handling;

b) The product(s) maintains its original characteristics, seals and labels intact;

c) The product(s) are complete and were sent along with all the material that accompanied the original order.

Any request for exchange or return must indicate the order number and evidence of defect, if any.

The amount related to the return will be refunded through the payment method originally used for the purchase within a maximum period of 14 working days or through another means to be agreed with the customer. At a payment gateway through an entity and ATM reference, the customer must provide their IBAN so that the amount can be refunded via bank transfer.

The value inherent in shipping costs are the sole responsibility of the customer, and there will be no refunds.

In the event of a return due to defect or other non-conformities regarding the ordered products, NÚBIA assumes responsibility for the shipping costs paid in the first instance, as well as the exchange/return process.

If a product is returned and does not meet the eligibility requirements for exchange or return, in accordance with the conditions mentioned above, the customer will be notified of the non-acceptance of the exchange or return and the item(s) will be resent to the address indicated in the first order.

 

1. Pricing and payment

The prices displayed on the Website include VAT at the legal rate in force.

The prices shown are correct at the time the information was entered into the system. However, we reserve the right to change prices at any time without prior notice (except changes that affect orders for which an Order Confirmation has already been sent).

In the unlikely event that the price shown on the confirmation page is wrong and this error is discovered before we accept your order, in accordance with clause 9 we are not obliged to sell the goods at the price displayed. We always try to ensure that the prices of goods displayed on the Website are accurate but occasionally errors may occur. If we discover an error in the price of goods ordered by the User, they will be informed as soon as possible and will have the option of keeping the order at the correct price or canceling it. If the user chooses to cancel and has already paid for the goods (but they have not yet been dispatched) they will be refunded in full.

The User confirms that the payment method is managed by him, among the options made available by NÚBIA: ATM, credit card, MBWay, PayPal, Google Pay and Apple Pay. 

We reserve the right to expect payment within 24 hours. In the event that payment is unsuccessful, you will be notified via the email address provided.

In case you do not want us to try to process the payment again, please cancel your order before processing.

We authorize the use of promotional codes strictly on the terms and conditions under which they were issued which, among others, may include terms relating to the User's eligibility to use them and a maximum order value. The User must familiarize themselves with these terms and conditions before placing an order as we reserve the right to reject or cancel any orders that do not comply with these Terms even if your credit or debit card has been charged;

If there is any inconsistency between the terms and conditions under which promotional codes were issued and these Terms, the terms and conditions of the promotional codes will control. You can obtain a copy of the discount code terms and conditions via email or telephone.

 

1. Intellectual property

The content of the Website is protected by copyright, trademarks, databases and other intellectual property rights.

The User acknowledges that the material and content provided as part of the Website will remain with us. You may browse and display the content of the Website on a monitor, save content in electronic format on disk (but not on a server or any storage device connected to a network) or print a copy of the content for your personal, non-commercial use, always keeping intact any and all copyright and proprietary notices.

You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Website.

 

1. Limited liability

Supply of goods:

(a) If we fail to comply with these Terms through our fault, we will only be liable to the User for losses suffered as a result of our failure to comply (whether in contract, tort (including negligence), breach of statutory duty or vice versa) and which are a predictable consequence of our failure.

(b) Nothing in these Terms excludes or limits our liability for:

– death or injury caused by negligence;

– fraud or fraudulent conduct;

– any breach of obligations implicit in current laws;

– defective products under consumer protection law;

– any deliberate breaches of these Terms that would constitute a breach of contract; or

– any other matter for which it would be unlawful for us to exclude or attempt to exclude the User’s liability

 

Use of the website:

The Site is available on an “as presented” and “as available” basis without any representation or endorsement and we make no warranties, express or implied, relating to it or its use.

The User acknowledges that we cannot guarantee or be responsible for the security or privacy of the Website or any information provided by the User. The User will have to bear the risk associated with using the internet.

Although we try to ensure that the material included on the Website is correct, reliable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of this information or any technical problems you may experience using the Website. If we are made aware of any inconsistencies on the Website, we will attempt to correct them as quickly as possible. In particular, we disclaim any liability having to do with:

– incompatibility of the Website with any of the User’s equipment, programs or telecommunications connections;

– technical problems, including errors or inaccuracy of the Website; It is

– failure of the Website to meet the User’s requirements.

To the fullest extent of applicable law, the User agrees that We will not be liable for any consequential or incidental damages (both terms include, without limitation, loss of liquidity, loss of profits, loss of business, loss of anticipated savings , waste of resources, loss of privacy and loss of data) or any other indirect, special or punitive damages arising from or related to the use of the Website.

 

1. Separation 

If any part of the Terms is found to be unlawful, void or for any other reason unenforceable, then that part will be deemed severable from these Terms and will not affect the enforceability and enforceability of any remaining part of these Terms.

 

1. Resignation

No waiver shall be lifted by Us as a waiver of any precedence or succession of breach hereunder.

 

1. Complete agreement

These Terms form the entire basis of any agreement between Us and you.

1. Law and jurisdiction 

These Terms will be governed by and interpreted in accordance with the laws of Portugal and any disputes will be decided exclusively by Portuguese courts.

 

1. Reviews 

By submitting a review, the User guarantees us the right to publish, translate, derive, distribute and display such content through any means of communication that affects us.

The User grants the right to use the name provided in connection with such content if we so choose.

The User agrees to waive the right to be identified as the author of such content and to object derogatorily to this content.

  

Updated on July 11, 2024