Terms and Conditions
The website [nuwastore.com](hereinafter referred to as the “Website”) is registered under the ".com Domain / Subdomain Registration Regulation", with legal Registry Domain ID: 2359830332_DOMAIN_COM-VRSN and is the property of CONFECÇÕES CALVI, Lda., Operates here under the trademark NÜWA, Trademark registered under the number 01803776 by the European Union Intellectual Property Institute, is a Portuguese commercial company and owned by it, registered at the Vizela Commercial Registry Office under no. 500687480, headquartered at Lugar dos Fundos, Vizela, Braga.
2. GENERAL PROVISIONS
This document governs the terms and conditions for the use of this Website and the agreement between NÜWA and you. These terms set forth the rights and obligations of all users and NÜWA with respect to the goods / services made available on this Website or any other website to which a link (NÜWA Services) exists. These terms are subject to change, so please read them before placing any order. If you do not agree to these terms in full, you should refrain from making any purchase / order.
If you have questions about privacy conditions or policies, you can contact us using our contact form.
3. USE OF THE SITE
The user undertakes to use this Website in compliance with the law, refraining from any activity that complies with the law, morals and good practices or rights of third parties. By placing an order through this Website, you represent that you are 18 years of age and have legal capacity to enter into contracts.
The user undertakes to comply with these Terms and Conditions and Use, namely:
- • To refrain from introducing, storing or disseminating through the Website defamatory, obscene, injurious, xenophobic and / or any other content that violates the general principles of law and public order;
- • Saving, and not disclosing, your login password on the Website to prevent third parties from accessing your NÜWA account;
- • Not using false identities;
- • Providing the correct personal data and addresses so that NÜWA can process orders properly
It is therefore expressly forbidden for users to transmit messages or information that is abusive, deceptive, defamatory, infringing, obscene, or in violation of, in any way whatsoever, the right to privacy or the intellectual or industrial property of third parties, as well as the provision of any other information that might be harmful to others or to the owner of the Website.
NÜWA reserves the right to delete the user account that fulfills any of these situations.
The user is responsible for the accuracy of the data communicated to NÜWA and undertakes to immediately enter any changes to them into their NÜWA Registration Account on the Website.
NÜWA accepts no responsibility for any delay or inability to process the order, particularly on delivery due to error or insufficient data reported by the user.
To place an order you must follow the online purchase process. Please note that this does not mean that your order has been accepted. The order is only a bid to buy one or more of our products. Any order is subject to its acceptance by NÜWA, which will always be confirmed by sending an email communicating the shipment(s) of the product(s). If the order is not accepted after any debit has been made to the user's account, the full amount will be refunded.
5. REFUSAL OF ORDER
NÜWA shall not be liable to you or to any third party, by reason of our withdrawing any product from this web Site, for the alteration or deletion of any materials or content on this Website, or for refusing to process or accept an order after it has been applied to the dispatch of the Confirmation of the Order.
6. RIGHT OF FREE RESOLUTION
The user who contracts as a consumer will be able to resolve the contract freely within 14 days of the date of delivery of the products, except for the personalised products. In this case the user will be refunded for the full price paid for the products, according to the conditions of Return (see returns and refunds).
Subject to their availability, NÜWA will make every effort to ensure that, except in exceptional circumstances, the products contained in a shipment confirmation are delivered to the user within the specified time limit. If, for any reason, NÜWA is unable to deliver on the scheduled date, the user will have the option to keep the order by extending the delivery deadline or to cancel it against full reimbursement. For the purposes of these terms, a "delivery" shall be considered to be made or a product shall be deemed to be "delivered" with the signature of the delivery receipt at the agreed address.
8. PRICE AND PAYMENT
The prices indicated on this Website include VAT (when applicable), but do not contain delivery costs, which will be added to the final price. Except in case of obvious error, the price of the products will be as indicated at each time on our Website. Although NÜWA seeks to ensure that all prices indicated on the Website are correct, errors may occur. If NÜWA finds that the price of a product on an order is wrong, it will inform the user as soon as possible, giving him the option of either reconfirming the order at the correct price or cancelling it. Failing to contact the user, the order will be cancelled, and the user will be refunded the full amount of the order if the user has already paid for it. NÜWA is under no obligation to supply any product at an incorrect price (if lower), even if a Shipping Confirmation has already been issued, if the error is clear, unambiguous and should have been identified by the user under reasonable circumstances. We reserve the right to refuse large or valuable orders. All prices and quantities available are liable to change at any time, but except as mentioned above, such change shall not affect orders for which a confirmation of dispatch has already been sent. You can consult the payment methods available under ”Payment Methods".
9. RETURN OF DEFECTIVE PRODUCTS
If the user considers that the product supplied at the time of delivery is not in accordance with the contract, he should contact NÜWA promptly via an electronic form, informing us of the condition of the product and its defects. NÜWA will inspect the returned product and inform the user of the right to its replacement or refund (if applicable), by email, within a reasonable period of time. The analysis of the defective product and its reimbursement (if applicable) will take place as soon as possible, within the legally established 30-day period. Products returned by the user for default reasons, if confirmed, will be refunded for the full amount paid, including delivery costs and return expenses. The refund of any amount paid will always be made via the payment method used in the purchase of the product. These provisions shall be without prejudice to any rights of the user which result directly from the law.
Your credit card details will not be stored on the Website.
11. INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, works and images reproduced or represented on the website are duly protected by their copyright, for the whole world. Accordingly, and in accordance with the copyright and Related Rights Code, its use for private purposes will only be permitted, without prejudice to more restrictive provisions contained in that code. Any reproduction or total or partial representation of the website or of all or part of the elements included in it is strictly prohibited, otherwise recourse to the competent legal means against those who act in this way.
Social denominations, Trade Marks and any distinctive signs reproduced on the website are protected in accordance with the legal provisions applicable to industrial property. Reproduction or representation of all or part of such distinguishing signs shall be strictly prohibited and shall be subject to prior written authorisation by the holders thereof. Certain products such as software are subject to specific personal rights of use which regulate their copies, public broadcast and rental. The user must comply with the general conditions of sale of these products, NÜWA is not responsible for the misuse of these products.
By making use of this Website the user accepts that communication between him and NÜWA reviews mainly the electronic form. NÜWA will contact you by email or provide you with information by inserting notices on this Website. For contractual purposes, the user accepts this means of communication by electronic means and acknowledges that any contracts, notices, information and other communications that NÜWA transmits to him electronically satisfy the legal requirement that such communications be made in writing. This provision shall be without prejudice to any rights of the user which result directly from the law. All user communications to NÜWA must be sent by electronic form. Without prejudice to Clause 10, NÜWA may communicate with the user either by email or by post to the address on the order. Any communication will be deemed to have been received when it is inserted on the Website, 24 hours after the sending of an email, or on the third day following the date of sending it by post. In order to prove that a communication has been sent, in the case of postage, it is sufficient to prove that the letter has been addressed correctly, sealed and delivered to the post and, in the case of e-mail, that the same email has been sent to the email address indicated by the user.
13. RESPONSIBILITIES AND EXCLUSIONS
From the moment of delivery, the risks relating to the product supplied shall be on the user's behalf. Ownership of the products supplied shall only be passed on to the user when NÜWA has received full payment of the sums due for the supply of the product, including delivery costs, or after delivery, whichever is the last.
Without prejudice to the provisions of the preceding paragraph, the NÜWA, to the full extent permitted by law, and except as otherwise provided in these terms, we accept no responsibility or liability whatsoever for any loss or damages, consequential damages, that may arise as a side effect of the loss of or damage to the principal, even though derived from the practice of tort, in contract or in tort, including negligence), breach of or is not predictable, as an example, the title of the:
- • Loss of business;
- • Loss of yield or income;
- • Loss of results or contracts;
- • lost profits;
- • loss of data;
- • Management time and hours of activity;
Due to the open network nature of this Website and the possibility of error in the storage and transmission of digital information, NÜWA does not guarantee the accuracy and security of the information transmitted or obtained through it, unless otherwise expressly stated here. All descriptions of products, information and materials contained on this Website are made available in their precise terms ("as is") and without any warranty of express, implied or arising compliance for any reason. The NÜWA does not, to the maximum extent permitted by law, take on any kind of guarantee without, however, excluding liability which cannot be legally waived in the context of consumer rights. Nothing in this clause shall prejudice the legal rights of the user as a consumer and shall not affect his right of Free termination of the contract.
14. FORCE MAJEURE
NÜWA shall not be liable for non-compliance or late compliance with any obligation arising from the contract due to an event beyond its reasonable control ("force majeure event"). A force majeure event comprises any event, Act or omission beyond the reasonable control of the seller and includes in particular (but not exclusively) the following:
- • Strikes, lock-outs and other labour actions;
- • Civil uprisings, unrest, invasion, terrorist attack or threat of terrorist attack, War (declared or not) or threat of war preparations;
- • Fire, explosion, storm, flood, earthquake, sinking, epidemic or other natural disaster;
- • Impossibility to use the rail, sea, air, road or other public or private means of transport;
- • Impossibility of using public or private telecommunications networks;
- • Laws, decrees, regulations or restrictions of government;
- • Any strikes, interruptions or accidents affecting relevant postal or transport services.
NÜWA's obligation to comply with any contract shall be suspended for the duration of a force majeure event and shall give rise to an extension of its duration equivalent to that duration. NÜWA will make reasonable efforts to end a force majeure event, or to find a solution that will allow its contractual obligations to be fulfilled despite the existence of a force majeure event.
15. RENUNCIATION RIGHTS
IF NÜWA, at any time during the term of the Contract, declines to insist upon strict compliance with any obligation by which the user of the result of the Contract or of these Terms and conditions, or to exercise any right or power therein to stop the failure, does not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations. NÜWA's withdrawal from the exercise of some right or faculty in the event of a certain situation of non-compliance by the user does not mean renunciation of rights or faculties in the event of a subsequent non-compliance. NÜWA's waiver of any right resulting from the contract or from these Terms will only be effective if it appears in a written communication sent to the user in the manner provided for in the communication clause, where he expressly declares that he is withdrawing.
A declaration of invalidity, illegality or ineffectiveness by a competent authority of any of the provisions of these Terms and Conditions shall not affect any of the other provisions, which shall remain in full force.
17. CONCLUSION OF THE CONTRACT
These Terms and any document referred to therein constitute the full agreement between NÜWA and the customer with respect to the subject matter of the purchase and sale contract and replace any other agreement, agreement or promise previously established between NÜWA and the customer, orally or in writing.
Both parties acknowledge that, in entering into this Agreement, none of which was based on their stand on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between the parties prior to the conclusion of the Contract, except as expressly stated in these Terms. None of the parties may rely on the fact that the other has produced an untrue statement, either orally or in writing, prior to the conclusion of a contract (except where such a statement was made in fraud) and may rely only on the rules of contractual non-compliance resulting from these Terms.
The user shall not transfer, assign or incur his contractual position, or otherwise dispose of the contract or any rights or obligations arising therefrom, without the prior written consent of the seller.
The contract commitment is valid for you and for us, as well as our successors, people who have benefited from transfers made by US and heirs. You may not transmit, renounce, embarrass or otherwise transfer a contract or any of the rights or obligations derived from it without our prior written consent.
The seller may transfer, assign or impose his contractual position, subcontract or otherwise dispose of the contract or any rights or obligations arising therefrom at any time during its term. However, no transfer, assignment or encumbrance of such a position, or an act of a provision of a contract, may have the effect of limiting the statutory rights as a consumer or cancel, reduce, or limit, in any way, any guarantee provided by the Vendor to the user, either express or implied.
18. APPLICABLE LAW AND ALTERNATIVE DISPUTE RESOLUTION
The contracts for the purchase and sale of products through this website are regulated by Portuguese law.
Any dispute arising out of or in connection with such contracts shall be subject to the non-exclusive jurisdiction of the Portuguese courts.
The provisions of this clause shall not prevail over any legal rights of the user as a consumer.
In this sense, if the transaction has been completed through our website, We inform you-in accordance with regulation EU no 524/2013-that you have the power to resolve any dispute in an extrajudicial manner through access to the electronic conflict resolution platform online, by e-mail http://ec.europa.eu/consumers/odr/.
You may refer to the updated list of Alternative Dispute Resolution entities available under Article 17. Law nr. 144/2015, of 8 September, on the consumer Portal, through the electronic website www.consumidor.pt.