TERMS AND CONDITIONS
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INTRODUCTION
This document (together with the documents mentioned in it) establishes the conditions governing the use of this website and the purchase of products on it.
We ask you to read the Conditions carefully before using this website. By using this website or placing an order through it, the customer is consenting to be bound by these Conditions. Therefore, if you do not agree with all the Conditions, you must not use this website.
These Conditions can be changed. It is your responsibility to read it periodically, since the conditions in force at the time of using the website or signing the Contract (as defined below) are those that will apply.
The Contract may be formalized, at your choice, in any of the languages in which the Conditions are available on this website.
2. OUR DATA
This website runs under the name New Breeze and is the property of New Breeze, a Portuguese trademark registered under number 652713, headquartered at Rua Pereira Reis 209, Porto 4200-447
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or data provided by the customer will be treated in accordance with the provisions of the Privacy Policy. By using this website, the customer is consenting to the processing of said information and data and declares that all the information or data provided is true and corresponds to reality.
4. USE OF OUR WEBSITE
By using our website and/or placing orders through it, the customer undertakes to:
4.1 Only use this website to make legally valid inquiries or orders.
4.2 Do not place any false or fraudulent orders. If, rationally, we can consider that an order of this nature has been placed, we will be authorized to cancel it and inform the competent authorities.
4.3 Provide us with your email address, postal address and/or other contact details, truthfully and accurately. You also consent to the use of the information provided to get in touch with the customer (see our Privacy Policy).
If you do not provide us with all the necessary information, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and that you have the legal capacity to enter into contracts.
6. CONTRACT AGREEMENT
To place an order, you must follow the online purchase procedure and click on "Authorize Payment", before which you must read and accept these Purchase Conditions. At that time, you will be entering into a purchase and sale agreement with us (the “Agreement”). You will then receive an email acknowledging receipt of your order (the "Order Confirmation"). Subsequently, you will be informed via an order confirmation email (the “Shipment Confirmation”). An electronic ticket with your order details must be attached to the Shipping Confirmation (the “e-ticket”).
7. AVAILABILITY OF PRODUCTS
All product orders will be subject to their availability. In this sense, if there is any difficulty regarding the supply of products or if there are no items in stock, we will refund the amount you have already paid for the missing items within 30 days.
8. DELIVERY
Without prejudice to the provisions of Clause 7 above, regarding the availability of the products, and unless extraordinary circumstances occur, we will try to send the order for the products mentioned in each Delivery Confirmation before the delivery date that appears in the Delivery Confirmation in question or then, if no delivery date is specified, within 30 days of the Shipping Confirmation date.
However, delays may occur for any of the following reasons:
1.customization of products;
2.specialized articles;
3.unforeseen circumstances; or
4.Delivery zone.
If we are unable to meet the delivery date, for reasons beyond our responsibility, we will inform you of this circumstance and give you the option to continue your shopping, setting a new delivery date, or to cancel the order. , receiving a full refund of the amount paid, without prejudice to all other rights that assist you under the terms of the applicable legislation.
For the purposes of these Conditions, it will be understood that the «delivery» has taken place or that the order has been delivered, when signing the delivery of the same at the agreed address.
9. IMPOSSIBILITY OF DELIVERY
If it is not possible to deliver your order, we will leave a note telling you where your order is and what you must do to pick it up.
In case of non-delivery of the product within the stipulated period, the User may be charged the amounts corresponding to the expenses with the storage of the products and resulting from new attempts to deliver the order.
10. TRANSFER OF RISKS AND OWNERSHIP OF THE PRODUCTS
The risks of the products will be borne by the customer from the moment of their delivery. The customer will acquire ownership of the products when we receive full payment of the amounts due in respect of them, including shipping costs, or at the time of delivery (as defined in Clause 9 above), whichever date is later.
11. PRICE AND PAYMENT
The price of each product will be the one stipulated, at all times, on our website, except in the case of an obvious error. Although we try to ensure that all prices shown on the page are correct, errors may occur. If we detect an error in the price of any of the products that the customer has ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or canceling it. If we are unable to contact the customer, the order will be canceled and the amount paid will be refunded in full.
We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Shipping Confirmation) if the error in pricing is obvious and unambiguous and if it could have been reasonably recognized by the customer as being an incorrect price. .
The prices on this website include VAT but do not include shipping costs, which will be added to the total amount owed, as set out in our Shipping Costs Guide.
Prices may change at any time, but (except as set out above) possible changes will not affect orders for which we have already sent an Order Confirmation.
Once your purchases have been made, all the items you want to buy have been added to your cart and the next steps will be to complete the order and pay. To do so:
1.Click on the «Shopping Cart» button at the top of the page.
2.Click on the «View Cart» button.
3.Click on the «Complete Order» button.
4.Fill in or confirm the contact information, the details of your order, the address where you want the order to be sent and the address you want to put on the invoice.
5.Enter your card details.
6.Click on “Authorize Payment”.
You can pay with Visa, Mastercard, American Express, Affinity Card and PayPal.
To reduce the risk of unauthorized access, your card data will be encrypted. Upon receipt of your order, we will pre-authorise your card to ensure there are sufficient funds to complete the transaction. Your card will be debited as soon as your order leaves our warehouses.
If your payment method is Paypal, the debit will be made when we confirm your order.
By clicking on "Authorize Payment", the customer confirms that the credit card is his or that he is the legitimate owner of the gift card or payment card.
Credit cards are subject to verification and authorization by the issuing entities, but if they do not authorize the payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with the customer.
13 VALUE ADDED TAX
All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.
14. EXCHANGE AND RETURN POLICY
14.1 Right to terminate the contract
In accordance with the applicable rules, if you are contracting as a consumer, the customer may terminate the Contract (except when the object of the contract is any of the products for which the right of termination is excluded in Clause 14.3 below) at any time, within 15 days from the delivery date of the order.
In this case, the amount paid for the products will be refunded. The customer will be responsible for the costs of returning the product.
In order to comply with the term of free termination of the contract, it is sufficient that the User sends his communication of his exercise of the right to withdraw from the contract before the period for exercising said right of free termination of the contract.
This provision does not affect the other rights recognized to the consumer by the legislation in force.
14.2 Contractual right to return products
In addition to the consumer's legally recognized right to withdraw from the contract mentioned in Clause 14.1 above, we grant the customer a period of 30 days from the date of the Shipping Confirmation to return the products.
In case of return, the amount paid for the returned products will be refunded. The customer will be responsible for the direct costs of returning the product if he does not return it using any of the free methods mentioned in Clause 14.3 below.
The customer must exercise his right to return the products by sending the return document that we provide him with or by returning the products (except for the products mentioned in clause 14.3 below). In any case, the User must inform New Breeze of their intention to return the products and deliver the items to New Breeze within a period of 30 days from the date of the Delivery Confirmation.
14.3 Conditions for exercising the contractual right to return products
The customer has no contractual right to return the products for the following products:
Personalized items.
The contractual right to return products applies exclusively to products that can be returned under the same conditions in which the customer received them. Please return the item, using or including the original packaging. It must also include all instructions, labels, documents and packaging of the products. In any case, you must submit, duly completed, the receipt you received when the product was delivered, together with the product to be returned. No refund will be made if the product has been used beyond simply opening its packaging or if it has been damaged; therefore, the customer should be careful with the products while they are in their possession.
Exchanges are only made for the same item in a different color or size.
14.4 Defective products
In cases where it considers that, at the time of delivery, the product does not comply with the provisions of the Contract, the customer must contact us, using our contact form, indicating the product data, as well as the damages suffered, or sending an email tonewbreeze.brand@gmail.com, within 15 days, after contact, the form of procedure will be indicated.
You can opt for an exchange or full refund. In this case, New Breeze is responsible for covering the costs of returning the product.
15. INTELLECTUAL PROPERTY
The customer acknowledges and consents that all copyright, trademark and other intellectual property rights over the materials or contents that are provided as part of the website are, at any time, ours or those of those who granted us the license to its use. The customer will only be able to use this material in a way that is expressly authorized by us or by whoever granted us the license for its use. This does not prevent you from using this website to, as necessary, copy information relating to your order or contract data.
16. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website through the intentional introduction of viruses, Trojan horses, logic bombs or any other technologically harmful or harmful material. You will not attempt to gain unauthorized access to this website, the server on which this website is hosted or any server, computer or database related to our website. You agree not to attack this website via a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could imply the commission of offenses typified by the applicable legislation. We will inform the competent authorities of any breach of said legislation and will cooperate with them to discover the identity of the attacker. In the event of non-compliance with this clause, you will also no longer be authorized to use this website.
We will not be responsible for any data or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer,
computer equipment, data or materials, as a result of using this website or downloading content from it or the content to which it redirects.
17.LINKS FROM OUR WEBSITE
If our website contains links to other pages and materials from third parties, these links are provided for information purposes only and we have no control over the content of those pages or materials. Therefore, we will not accept any liability for damage or loss due to its use.
18. WRITTEN NOTIFICATIONS
Applicable law requires that some of the information or notices we send you be in writing. By using this website, the customer accepts that most notifications with us are electronic. We will contact the customer by email or provide information through notices placed on this website. For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other notifications sent electronically satisfy the legal requirement that such notifications be made in writing. This condition will not affect the rights recognized by law.
19.. NOTIFICATIONS
Customer notifications should preferably be sent through our contact form. In accordance with the provisions of Clause 18 above and unless otherwise indicated, we will send you notifications by email or to the postal address provided when you placed your order.
Notifications will be deemed to have been received, and correctly carried out, the moment the customer enters our website, 24 hours after sending an email or three days after the franking date of any letter. To prove that the notification was made, it will be enough to prove, in the case of a letter, that the address was correct, that it was correctly stamped and that it was duly delivered at the post office or in a mailbox and, in the case of an email, that it has been sent to the email address specified by the recipient.
20. FORCE MAJEURE REASONS
We will not be liable for any breach or delay of any of the obligations assumed by us under a Contract caused by events beyond our control («Force Majeure»).
Force Majeure Reasons include any act, event, lack of exercise, omission or accident that is beyond our control, including, but not limited to, the following:
1.Strikes, general strikes or other forms of protest that significantly affect the country.
2.Disturbing public order, riots, invasions, terrorist attacks or threats, war (whether declared or not) or threats or preparations for war.
3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or any other natural disaster.
4. Impossibility of using trains, boats, planes, motor vehicles or other means of transport, public or private.
5. Impossibility of using public or private telecommunications systems.
It will be considered that our obligations under the Contracts are suspended during the period in which the Force Majeure Reasons occur and we will benefit from an extension of the period to fulfill such obligations, for a period of time equal to the duration of the Reasons for Force Majeure. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that will allow us to perform our obligations under the Contract despite the Force Majeure Event.
22. WAIVER
The lack of demand on our part, the strict compliance, by the customer, of any of the obligations assumed by him under a Contract or these Conditions or the lack of exercise, on our part, of the rights or actions that are due by virtue of this Agreement or Conditions will not waive or limit any such rights or actions, nor will it release the customer from complying with its obligations.
No waiver by us of a concrete right or action shall imply a waiver of our rights or actions arising from the Contract or the Conditions.
23. PARTIAL NULLITY
If any of these Conditions or any provision of a Contract are declared null and void, by firm resolution on the part of a competent authority, the remaining terms and conditions remain in force, without being affected by this declaration of nullity.
24. SINGLE AGREEMENT
These Conditions and all documents to which express reference is made constitute the entire agreement existing between us and the customer, regarding the object of the Contract, and replace any other pact, agreement or promise previously established between us and the customer, verbally or by written.
We and the customer acknowledge that we have consented to the conclusion of the Contract without relying on any statement or promise made by the other party or that may interfere with any written statement in the negotiations entered into by both parties prior to this Contract, except for what is expressly mentioned in the present Conditions.
Neither we nor the customer will act on any uncertain statement, verbal or written, made by the other party prior to the date of the Contract (unless he made such uncertain statement fraudulently) and the only action the other party will have will be for breach of contract, in accordance with the provisions of these Conditions.
25. APPLICABLE LAW AND JURISDICTION
The use of our website and the purchase contracts made through this page are governed by Portuguese law. This provision does not affect the other rights recognized to the consumer by the legislation in force.
26. COMMENTS AND SUGGESTIONS
We welcome your comments and suggestions. We kindly ask you to send comments and suggestions to our contact form.
27. ALTERNATIVE DISPUTE RESOLUTION
If, as a consumer, you consider that your Rights have been violated, you can send your complaint to the email address newbreeze.brand@gmail.com, in order to resort to an extrajudicial resolution.
In this sense, if the transaction between Your Exa. and our brand has been completed through our website, we inform you – in accordance with EU Regulation No. conflicts online at http://ec.europa.eu/consumers/odr/
You can consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015, of 8 September, on the Consumer Portal, via the websitewww.consumidor.pt
ATTACHMENT
RESOLUTION FORM TEMPLATE
(Please complete and return this form only if you wish to terminate the contract)
For New Breeze Rua Pereira Reis 209 4200-447 (email newbreeze.brand@gmail.com)
I hereby inform you that I terminate my sales contract for the following items:
Ordered on / received on (*)
consumer name
consumer address
Consumer signature (only if this form is notified in paper format)
Date
(*) Delete as appropriate