These General Conditions are intended, with the order form, and the other elements referred to therein, to regulate the terms and conditions by which the provision of the Online Store Service by PrettyWhite, Lda, headquartered at Rua Nossa Senhora da Guadalupe 113, 4740-473 Esposende, under the unique registration and identification number of legal person nº 516070304, with the share capital of €5000, hereinafter referred to as “NOESE”.
The Service consists of providing, through the address noese.pt, access to the Online Store which, in addition to providing information on a set of products and/or services, allows the User, by electronic means, to order the products disclosed therein, under the terms and conditions described herein.
The ordering of products must be made by Users aged 18 (eighteen) years old or older (individuals under the age must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, the User recognizing the electronic purchases, and the User cannot claim the lack of a signature for non-compliance with the obligations assumed.
2. Product and Content Information
NOESE will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur. If you purchase a product that has different characteristics from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free termination – see point 9).
NOESE will do every effort to ship all the products ordered, but it is possible that, in certain cases and due to causes that are difficult to control by NOESE, such as human errors or incidents in computer systems, it is not possible to provide any of the products requested by the User . If any product is not available after placing the order, you will be notified by email or by telephone. At that time, you will be presented with the possibility of canceling the order with the respective refund, if you have already made the respective payment. All information about prices, products, specifications, promotional actions and services may be changed by NOESE at any time.
All products and services sold on the NOESE Online Store are in accordance with Portuguese law.
The Store has adequate security levels, however NOESE will not be responsable for any damages suffered by the User and/or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connecting software or any computer viruses or resulting from downloading through the service of infected files or containing viruses or other properties that may affect the User’s equipment. If for any reason of an error in accessing the website of the Online Store NOESE it is impossible to provide a service, NOESE will not be held responsible for any damages.
Data and information queries carried out within the scope of this Service are presumed to be carried out by the User, and NOESE declines any responsibility due from the abusive or fraudulent use of the information obtained.
NOESE will not be liable for any loss or damage caused by misuse of the Service that is not directly attributable to it as intent or gross negligence.
NOESE, is not responsible for losses or damages arising from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it by way of intent or gross negligence, not being responsible in particular for (i) errors, omissions or other inaccuracies relating to information made available through the Service; (ii) damage caused by the fault of the User or third parties, including infringements of intellectual property, (iii) for non-compliance or defective performance resulting from compliance with court decisions or administrative authorities or (iv) for non-compliance or defective compliance resulting from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to NOESE and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by the [NOME] that prevent or hinder the fulfillment of assumed obligations.
NOESE does not guarantee that:
i) the Service is provided on an uninterrupted basis, is secure, error-free or functions infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User regarding the same;
iii) any material obtained in any way through the use of the Service is used at the User’s expense and risk, who is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from this operation.
iv) no advice or information, whether oral or written, obtained by the User from or through the Service will create any guarantee that is not expressed in these General Conditions.
The User accepts that NOESE can in no way be held liable for any damage, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously advised by the User of the possibility of the occurrence of such damages), resulting from:
i) the use or impossibility of using the Service; ii) the difficulty of obtaining any substitute for goods/services; iii) unauthorized access or modification to personal databases.
4. Consumer Obligations
The user undertakes to:
i) Provide personal data and correct addresses; ii) Do not use false identities; iii) Respect the order limits imposed.
If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery, the User is responsible, and NOESE declines any responsibility. In case the consumer violates any of these obligations, NOESE reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available simultaneously by NOESE to the same User; and, furthermore, not to allow the User to access any or any services provided by NOESE in the future.
It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of resale of goods.
5. Privacy and Personal Data Protection
NOESE guarantees the confidentiality of all data provided by Users.
The personal data identified in the order form as being of mandatory supply are essential for the provision of the Service by NOESE. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may give rise to the refusal to provide the Service by NOESE.
The User’s personal data will be processed and stored by computer and are intended to be used by NOESE within the contractual and/or commercial relationship with the User and, in case of authorization by the User, for the marketing of INDICATE CASE BY CASE AND AGREEMENT WITH THE COMPANY’S PURPOSE IN CONCRETE
Under applicable law, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to object to their use for the purposes provided for in the previous number, and for this purpose, contact the entity responsible for the processing of personal data: PrettyWhite, Lda.
The Internet is an open network, so the User’s personal data, other personal information and all content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessible and used by unauthorized third parties for the effect, and NOESE cannot be held responsible for such access and/or use.
6. Order cancellation
The User may cancel his order by requesting it to NOESE via the telephone number or e-mail referring to the order number, which will be accepted as long as it has not yet been processed. After processing, NOESE will try to deliver it, but the User has the option of not accepting it. For the purpose of cancellation, the User must provide the following information to NOESE:
a) Order number b) VAT with which you placed the order and delivery address
NOESE reserves the right not to process orders, when it finds any inconsistency in the personal data presented or observes misconduct on the part of the buyer. NOESE reserves the right not to process any order or refund in the event of errors in the values and/or characteristics of the products, when these arise from technical problems or errors outside NOESE.
7. Return (Right of Termination)
The User, in the case of being a consumer, may exercise the right of withdrawal without demanding any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good. To exercise this right, the User may use the draft indicated below, and must indicate all of his/her identification data, the subscribed service that he/she intends to resolve and the subscription date. The communication must be made, by letter, by returning the purchased good, or by other suitable and susceptible means of proof within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to NOESE in the proper conditions of use. Draft for free termination form (you should only fill in and return this form if you want to terminate the contract)
– To [insert the professional’s name, geographic address and, if appropriate, fax number and email address]: – To [insert the professional’s name, geographic address and, if appropriate, fax number and email address]:
Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if this form is notified on paper). (*) Strike out what does not matter.
The package must be returned complete, as delivered and accompanied by all the documentation received, namely, the following documents: sales invoice and the document that proves receipt of the product. The packaging and documents indicated must be sent free of charge to the following address:
PrettyWhite, Lda Rua Miguel Ângelo, 131 RC Dto. 4755-054 Barcelos
If the User chooses other forms of return, the respective costs with shipping costs will be their responsibility.
All products shipped by PrettyWhite, Lda must be checked upon delivery. If any imperfection or damage to the product is detected, the customer must return it to the transport company, duly justify the reason for the return on the delivery note and immediately notify Uniqwines Lda.
PrettyWhite will not accept the return of the product after use, or if it has been altered or modified.
In the absence of any of the components of the item sold, or if any of them are not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the original shipping address.
8. Intellectual Property
The Store is a registered website and the Service provided by the website itself is the responsibility of NOESE.
The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws relating to copyright and related rights, the laws relating to industrial property and other property protection laws, so any use of these contents can only take place under the express authorization of the respective owners.
The User undertakes to fully respect the rights referred to in the preceding paragraph, namely refraining from performing any acts that may violate the law or such rights, such as reproduction, marketing, transmission or placement available to the public of such contents or any other unauthorized acts that have the same contents as their object.
9. Service Security Conditions
The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good morals, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules of use of the Service, under penalty of NOESE suspending or deactivating the Service as provided for in point 14.
The User expressly acknowledges and accepts that the IP Network is a public electronic communications network that can be used by several users, and as such, subject to computer overload, so NOESE does not guarantee the provision of the Service without interruptions, loss of information or delays .
PrettyWhite, Lda also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, external to NOESE and which cannot be controlled by it).
In case of interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, NOESE undertakes to regularize its operation as soon as possible.
10. Suspension and deactivation of the Store Service
Regardless of any prior or subsequent communication, NOESE may, at any time, and at its sole discretion, discontinue making the Service and/or part of the Service available to one or all Users.
NOESE also reserves the right to immediately suspend or terminate access to the Service, in the following cases: a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions; b) When NOESE ceases access to the Store, upon prior notice 15 days prior to the date of termination.
The suspension or termination of the Service by NOESE, pursuant to the preceding paragraphs, does not affect the User’s or third parties’ right to any indemnity or other compensation, and NOESE cannot be held responsible or in any way burdened, for any consequence resulting from the suspension, cancellation, cancellation of the Service.
In the situations described above, NOESE will notify the User, in advance, so that the User can, if desired, safeguard the content of their order viewing area within 3 (three) business days from the sending of the email or availability information on the main page of the Service.
Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any changes to these General Conditions, may be made to the User’s email address, by SMS or telephone contact .
The User accepts to receive any and all communication and/or notification related to the Online Store, to the address, telephone number and or email address (“e-mail”) indicated in the order process. At any time, you can request not to receive these communications and/or notifications through the Contact Form or through the option “Not receive the Newsletter” registered in each Newsletter.
12. Technical Settings
NOESE may change the Service and/or the technical conditions for providing it, as well as the respective rules of use, and must disclose such changes to the User at least 15 (fifteen) days in advance.
Whenever NOESE deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.
Without prejudice to the provisions of the following numbers, and bearing in mind the innovative nature of the Service and the technological evolutions to which it may be subject, NOESE may change its technical configurations whenever deemed convenient to adapt it to possible technological developments.
NOESE does not, however, guarantee the User to carry out any upgrades or improvements to the Service. Some upgrades or new features of the Service may only be available against payment by the User and/or subscription by the User to Specific Conditions of use.
The User may submit any contractual conflicts, to arbitration and mediation mechanisms that are or will be legally established, as well as complain to NOESE about acts and omissions that violate the legal provisions applicable to the acquisition of goods. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, and registered in NOESE's information systems, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.
15. Applicable Law
The Contract is governed by Portuguese law. PrettyWhite, Lda reserves the right to cancel orders that originate incorrect amounts due to computer errors, returning the amounts paid immediately to buyers.