Dear Customer,
Welcome to the NICI online store!
These Terms and Conditions (together with the Privacy Policy and the Cookie Policy) establish the conditions that determine the use of this website ( www.nici.pt ), or through the facebook plugin ( www.facebook.com/nici.pt).&nbs... NICI invites you to carefully read the contents of the Terms and Conditions of the Privacy Policy and the Cookie Policy prior to using this website.
The Terms and Conditions do not govern the provision of services or the sale of products by third parties who are present on the NICI website through links, banners or other hypertext links. We recommend to our customers that before placing orders and purchasing goods and/or services from these third parties, check their terms and conditions, as NICI cannot, under any circumstances, be held responsible for the supply of goods or services provided by third parties or for executing business transactions between NICI customers and third parties. Please note that NICI has no control over the content of these websites or materials, and therefore cannot be held liable for any damages or losses arising from their use.
To make a purchase on the website, you must be at least 18 (eighteen) years old or, if you are a minor, have authorization from your parents or legal representatives to contract under the legal terms. By using this website you declare that you fulfill these conditions.
The NICI products present in our online catalog and the services made available through the website are exclusively intended for consumers, that is, individuals who work for purposes that do not fall within the scope of their commercial, industrial, craft or professional activity. .
If you are not a consumer, please do not make purchases through the website. In such cases, you should contact our Customer Support Center in order to better advise you on how to become a NICI reseller.
NICI reserves the right not to process orders received from users who are not consumers, who are not at least eighteen (18) years of age or who, being minors, are not duly authorized, as well as any other order that do not comply with NICI's business policy.
These Terms and Conditions may be changed at any time. In this case, we will publish an updated version of the Terms and Conditions on the website, as well as issue an alert for the new version of the same and ask for your acceptance of the new Terms and Conditions.
Products purchased on the NICI websites are sold directly by the company:
• Company: NICI Portugal, Representações SA (hereinafter referred to as “NICI”);
• Head office: Lugar da Vergada, parish of Mozelos, municipality of Santa Maria da Feira, Aveiro;
• NIPC: 502 055 502;
• Telephone: 22 741 88 30.
• Customer service hours: Monday to Friday, from 9:00 am to 12:00 pm and from 2:00 pm to 5:00 pm (except holidays, point tolerances or days when, due to Force Majeure, NICI is not working)
• Email addresses: onlinestore@nici.pt or info.portugal@nici.pt (rgpd@nici.pt for matters related to your data)
• Address for processing/returning orders: Rua Nossa Senhora de Fátima, n.º 128, 4535-217 - Mozelos, Santa Maria da Feira
By registering on this website you must ensure that the information you provide is correct and complete. Please let us know if there is any supervening change in your identification data, in particular about changes to your postal or electronic address and other contact details.
You can request additional information about the use of the website, placing orders online and delivering them to the Customer Support Center, through the contacts mentioned above and within the service hours indicated therein. NICI will endeavor to provide all requested support as soon as possible and, in any event, within 7 (seven) business days from the time the support request is received (unless Force Majeure Reason as defined below) .
1. HOW TO ENTER AN AGREEMENT WITH NICI
To order one or more products available on the NICI website, you must choose them in the online store and fill out the order form available at www.nici.pt , following the relevant instructions when adding a product to the cart .
The order form contains information about the main characteristics of each product ordered, the respective unit price (including all applicable taxes and duties), the type of payment you can use to make the purchase, shipping terms for the products purchased, costs shipping and delivery.
Products offered for sale on the NICI website may not be exactly true in terms of image and color due to the Internet browser or monitor used. The images shown are for indicative purposes only.
The technical characteristics of a product, approvals and safety declarations of a NICI branded product and any other product sold through our website are indicated on the product's label, packaging or instructions for use and may be referred to in full or partly on the website itself along with the Product illustration.
All NICI branded products are of superior quality, comply with applicable standards and are approved in accordance with European Union standards, undergoing quality tests supervised by NICI GMBH.
Submission of the order is subject to acceptance of the Terms and Conditions, which you may save or print, and NICI is available to provide you, upon request through the Customer Support Center, a copy for your personal use at paper format.
Upon receiving your order form electronically, NICI will send you, by email, a copy of the electronic purchase order receipt, containing a summary of the information related to the order placed (main product characteristics, information details on the price, payment terms, cost of shipping order to the customer and contacts of our Customer Support Center).
By submitting an order form to NICI, you agree to receive the invoice/receipt issued for tax purposes in physical format together with the order placed.
After receiving your order and confirming that payment has been made, NICI will process your order promptly and, in any case, within a maximum period of 30 (thirty) days.
Once shipped from our warehouse, your order will be delivered within the following indicative deadlines, which are the responsibility of the shipping company and for which NICI assumes no responsibility:
• Mainland Portugal: two to three business days
• Wood
Funchal, Câmara de Lobos, Estreito Cam. Lobos, Santa Cruz, Caniço and Camacha: five to six working days
o Porto Santo: six to seven business days
• Azores:
o São Miguel and Terceira – six to nine business days
o Santa Maria – seven to ten business days
o Graciosa, São Jorge, Faial and Pico – seven to twelve business days
o Crow and Flowers – eight to fifteen business days
Orders will be delivered from Monday to Friday, during the working hours of the carrier, with the exception of local or national holidays and point tolerances. It should be noted, however, that there may be reasons, outside NICI, namely Force Majeure Reasons, as defined below, that make it impossible to deliver the product on the scheduled date.
If NICI is not able to comply with the product delivery deadline, it will inform you, by email or telephone, of this situation, giving you the option to continue with the purchase, setting a new delivery date, or cancel the order, with a full refund of the amounts paid, within a maximum period of 10 (ten) working days from the date of knowledge of the impossibility.
If it is impossible to deliver your order, for reasons not attributable to NICI or the carrier, a note will be left indicating where it is and the procedures to be adopted so that the order can be delivered.
If you are not at the delivery location at the agreed time, you should contact NICI so that you can schedule the delivery for another date.
If it is not possible to deliver the product for reasons attributable to you, you may be charged for the expenses related to the storage of the products and the new delivery attempts.
2. AVAILABILITY OF PRODUCTS
All product orders will be subject to product availability. In this regard, if there is any difficulty regarding the supply of products or if the desired product is not in stock, NICI will inform you immediately, by email or telephone, of the unavailability and will refund the amount for you. eventually already paid within a maximum period of (ten) working days.
The order in question is considered to have as its object divisible, autonomous sales services relating to more than one economic unit, as many as the products ordered. Consequently, if the execution of the order by NICI is limited to only some of the products ordered due to the unavailability of some of these or for other legitimate reasons, the customer declares its interest and gives its consent to the partial execution of the purchase, limited to other products available, so you cannot refuse the order on that basis.
3. PRICES, SHIPPING EXPENSES AND PROMOTIONAL CODES
The price of the products is the one displayed on the website on the date the order is placed, including VAT at the legal rate in force, but excluding any shipping costs, which will add to the value of the order placed and which will be debited according to the values indicated on this website.
You will always be informed, clearly and concisely, prior to placing the order, about the total price of the product, which includes the price, all fees and taxes, additional transport charges, shipping charges or any other costs that may exist.
NICI reserves the right to change product prices and shipping charges at any time, not affecting, however, orders for which an “Order Confirmation” email has already been sent.
4. VOUCHERS AND PROMOTIONAL CODES
Promotional codes or vouchers provided by NICI are electronic codes, also called “Promotional Code” or “NICI Discount Code”, which, for example and depending on the campaign in place, may provide you with discounts on certain products, throughout your order or they may represent an offer of shipping charges. Promotional codes only pertain to purchases made on the NICI website.
In order to take advantage of the promotional codes, you must make sure that you enter the code in the appropriate space when making the payment. The box for entering the promotional code is displayed in the upper left corner in the third step of the ordering process, that is, in the step entitled “payment”, the customer having to submit the promotional code and click on “validate code”. The discount will be calculated automatically, and it is the customer's responsibility to verify that this discount is reflected in the final price of the order.
If you do not apply the promotional code at that time, you will not be able to use the promotional code for that purchase, without prejudice to being able to use it in a subsequent order, subject, of course, to the conditions of use of each promotional code.
5. PAYMENTS
Payment of the price of the products and respective shipping costs must be made using one of the procedures indicated in the online order form, ie via Multibanco or Paypal.
In the case of payment by Paypal, all data (such as card number and expiry date) are managed directly on the PayPal online payment site (Europe) S.à rl et Cie, SCA providing the remote electronic payment services, without third parties having any type of access to them. Such data will not be used directly by NICI.
All data regarding Paypal's terms of use can be found at this link: https://cms.paypal.com/ie/cgi-... and NICI is oblivious to any problems with payments or use of this means.
If payment is made via Paypal, the debit will be made at the time of order confirmation.
If you choose to pay via ATM, you must make the payment within 48 (forty-eight) hours after receiving the "Order Confirmation" email, using, for this purpose, the entity and reference that have been made available to you by email. The order will be automatically canceled if you do not pay within the period indicated above.
NICI will carry out the entire payment management process always through the same payment manager: whether for purchases or issuing refunds in case of returns, in compliance with the exercise of your right of return or in cases identified as possible fraud by the authority of public safety.
All orders are processed in euros. If your bank account is in another currency, the exchange rate used to debit your account will automatically be determined by Bank/Paypal and not by NICI.
If, for any reason, there is any problem in the payment of the order or lack of payment, NICI reserves the right to cancel the order, and this information will be sent later by email.
6. DELIVERY
The products presented on the website are only available for delivery in Mainland Portugal and in the Archipelagos of Madeira and the Azores.
Orders placed from a country other than the one to which you intend to ship the product, or to addresses to which NICI does not allow shipping, are automatically canceled.
All orders will be delivered to the address you indicate when placing the order.
Orders will only be sent after confirmation of stock availability and confirmation of payment.
Orders will be shipped by ChronoPost - Av. Infante D. Henrique, Lote 10, Olivais Sul, 1849-003 Lisboa
From the moment the order is shipped from our warehouse, any cancellation will be treated as a return.
You can check the status of your order by clicking on "Follow order", inserting for this purpose the code received via e-mail.
Shipping costs are as follows:
• Order up to €39.99 - €5,99
• Orders over €40: FREE.
All these prices already include VAT at the legal rate in force.
The final value of your order will always indicate, clearly and precisely, the amount supported by way of shipping costs.
7. RIGHT OF FREE RESOLUTION
If for any reason you wish to return a product, you may do so freely, without any penalty and without the need for justification, within a period of 14 (fourteen) days from the day following the day on which, directly or through a third party indicated by you , other than the carrier, acquires physical possession of the product.
In the event that several products have been ordered in a single order and the products are delivered separately, the 14 (fourteen) days will be counted from the day following that in which, directly or through a third party indicated by you, you acquire physical possession of the last product.
In order to exercise your right of free termination of the contract, you must communicate this intention to NICI by means of an unequivocal declaration of termination of the contract, and may use the abovementioned contacts for this purpose. If you wish, you can use, for this purpose, the free resolution form template that is attached to these Terms and Conditions.
If you choose to submit the free resolution form template electronically or any other unambiguous declaration of resolution via the website or by email, NICI will send it to you without delay and in a durable medium (eg by post electronic) a notice of receipt of the declaration of termination of the contract.
The product must be returned to the “order processing/return address” identified above, that is, to Rua Nossa Senhora de Fátima, n. 128, 4535-217, Mozelos, Santa Maria da Feira.
In either case, the product must be returned within a maximum period of 14 (fourteen) days from the date on which it communicated to NICI its decision to terminate the contract, leaving the customer responsible for all costs and expenses arising from it. of the return of the product.
You must keep and present, upon return, the purchase receipt, as well as return the product in the proper conditions of use, not exceeding the handling that is usually allowed in a commercial establishment, intact, in the original packaging, with all its labels. identification and with any accessories, instruction manuals or other documentation.
If the product is returned under the right of free termination of the contract, it will be refunded, without undue delay and within a maximum period of 14 (fourteen) days from the date on which NICI is informed of its decision to terminate the contract, all payments made, including delivery costs, but excluding, as mentioned above, costs incurred in returning the product, without prejudice to NICI's right to withhold the refund of the price until it has received the returned goods, or until you present proof of their return, whichever comes first.
In principle, NICI makes refunds via bank transfer to the customer's bank account, which the customer expressly declares to accept. Alternatively, if the customer accepts, a voucher may be issued for later use on the NICI website or the exchange of the item for another of equal or greater value may be allowed, in the latter case, the customer will bear the difference in price.
8. RETURN OF DEFECTIVE PRODUCTS
NICI ensures compliance of the goods purchased on the website, in accordance with the provisions of Decree-Law No. 67/2003, of April 8, with the amendments introduced by Decree-Law No. 84/2008, of 21st of April May.
The warranty is applicable if the non-conformity of the purchased product exists at the time of delivery and manifests itself within 2 (two) years from the date of delivery of the good.
If you detect the non-conformity of the product, you must, within a maximum and non-extendable period of 2 (two) months from the date on which you detected the non-conformity, contact NICI, providing the product details, the number of the order and identifying the non-conformity in question, which you should do to the Customer Support Center contact addresses identified above.
The return of the product must be made to the "order processing/return address", better identified above.
If, after examining the product, NICI verifies that there is effectively a defect or non-conformity of the purchased product, the customer may choose to request that the good be replaced free of charge, through repair or replacement, by appropriate reduction in price or for termination of the contract with full refund of the price. As mentioned, these rights must be exercised within a maximum and non-extendable period of 2 (two) years from the date of delivery of the product, under penalty of forfeiture.
NICI will repair, deliver a new product or refund, in whole or in part, the price, depending on your choice, as soon as possible and always within a maximum period of 30 (thirty) days.
If you choose to terminate the contract, with the concomitant return of the price, you will be refunded the price of the product, as well as the delivery costs and any costs of returning the product that you have to bear. The refund of this amount will be made by bank transfer.
Defects or malfunctions resulting from inappropriate use of the product, non-compliance with the instructions/indications that accompany the products or resulting from repairs carried out by unauthorized third parties are excluded from the scope of the warranty. The warranty also does not cover the life of the battery, nor damage caused by water when the products are not resistant to it.
The warranty on watches does not cover, namely:
(i) battery life;
(ii) water damage when the watch is not water resistant, or is used beyond its intended depth;
(iii) cracking and aging due to use (eg scratched glass, changing the color and/or material of belts and chains, aging/peeling of coating, etc.);
(iv) any damage to the watch caused by abnormal and abusive, careless and/or negligent use or accidents (eg broken glass, dents, dents, crushing) incorrect use and/or disregarding the instructions for use provided by NICI;
(v) unauthorized third party handling of the watch (eg battery replacement, service or repair) or when any change is made to its original condition beyond NICI's control.
8. NEWSLETTER NICI
The name of the NICI Newsletter is given to e-mailings, promotional offers and institutional newsletters sent directly to the customer's email inbox. You can subscribe to our newsletter on our website. If you have subscribed to our newsletter, you may, at any time, cancel its receipt, free of charge, using the form provided for this purpose when receiving any promotional or informational notification, or by contacting our Customer Support Center.
9. COPYRIGHT
All copyright, trademark and other intellectual property rights on the materials or content that are provided as part of the website belong, at any time, to NICI or to the person who has granted you the license to use them, for which reason You may only use such material as expressly authorized by NICI or by the entity that has licensed you to use it.
10. COMMUNICATIONS WITH THE CUSTOMER
NICI's communications with the customer are in writing. By using this website, you agree that notifications, information and communications sent by NICI are made electronically, including via SMS, which form acknowledges that it meets the legal requirement that communications be in written form. This condition does not affect your rights under the law.
11. FORCE MAJEURE
NICI will make all reasonable efforts to fulfill its obligations and ensure customer satisfaction. However, it cannot be held responsible for non-compliance or delay in fulfilling any of the obligations assumed by it, the cause of which is due to events that are beyond its control (“Force Majeure Reason”).
Force Majeure shall mean any unpredictable and/or irresistible facts, act, event, event, failure, omission, accident or any other outside our will and control, including, but not limited to, the following:
(i) General strike or other forms of protest;
(ii) State of siege or emergency, public order disturbance, revolt, invasion, terrorist attack or threat, war (whether declared or not), threat or preparation for war;
(iii) Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster;
(iv) Impossibility to use trains, boats, aircraft, motor transport or other means and transport, public or private;
(v) Impossibility to use telecommunications systems, public or private; and
(vi) (vi) Decisions, decrees, laws, regulations or other normative instruments or decisions of any public authority.
NICI's obligations shall be considered to be suspended during the period in which the Force Majeure Reasons occur, NICI benefiting from an extension of the term to comply with such obligations, for a period of time equal to the duration of the Reasons of Force Majeure.
NICI will use all reasonable means to terminate the Force Majeure Reasons or to find a solution that allows it to comply with its obligations under the contract, despite the Force Majeure Reasons.
12. APPLICABLE LAW
To all questions relating to the application or interpretation of these Terms and Conditions, as well as any other dispute arising from the interpretation, validity or breach of the contract entered into between NICI and the customer, Portuguese law shall apply, with express waiver of any other .
13. ALTERNATIVE CONFLICT RESOLUTION
If you are dissatisfied with the purchase of any product or service provided by NICI, you may, without prejudice to the right to submit the dispute to a court of law, appeal to one of the Alternative Consumer Dispute Resolution Entities listed in consumer portal, on the website www.consumidor.pt , or use an online consumer dispute resolution system, identified on the website http://ec.europa.eu/consumers/... .
The currently existing alternative consumer dispute resolution entities are as follows:
(i) Lisbon Consumer Conflict Arbitration Center: http://www.centroarbitragemlis...
(ii) Conflict Arbitration Center of Vale do Ave / Arbitration Court: https://www.triave.pt/
(iii) (iii) CIAB - Consumer Information, Mediation and Arbitration Center/ Consumer Arbitration Court: http://www.ciab.pt
(iv) CNIACC – National Center for Information and Arbitration of Consumer Disputes: http://www.arbitragemdeconsumo...
(v) Arbitration Center for Consumer Disputes of the District of Coimbra: http://www.centrodearbitragemd...
(vi) Algarve Consumer Disputes Information, Mediation and Arbitration Center: http://www.consumidoronline.pt...
(vii) Porto Arbitration and Consumption Information Center: http://www.cicap.pt/
(viii) Madeira Consumption Conflict Arbitration Center: http://www.srrh.gov-madeira.pt
(ix) Arbitration Center of the Autonomous University of Lisbon: http://arbitragem.autonoma.pt/... ;
Model form for exercising the right to terminate the contract
For NICI Portugal, Representações, SA, Lugar da Vergada, 4535-217 – Mozelos.
I hereby inform you that I have terminated my contract for the purchase and sale of the following goods:
(i) ….
(ii) ….
(iii) …..
- Requested on (*) / received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of the consumer(s) (only if this form is notified on paper)
- Date
