1 - Scope and Object of the General Terms and Conditions of the Website
These General Conditions, together with the order form and the other elements referred to therein, are intended to regulate the terms and conditions governing the provision of the NCB Solutions Website Service, with registered office in Fiães, under the single registration and legal person identification number 513457054, hereinafter referred to as NCB Solutions.
The Service consists of providing, via the address https://ncbsolutions.pt, access to the Website which, in addition to providing information on a range of products and/or services, allows the User to electronically order the products disclosed therein, under the terms and conditions described herein.
Product orders must be placed by users aged 18 (eighteen) or over (individuals under this age must be authorised by their representatives). The elements and information transmitted by the User will enjoy full legal effect, with the User recognising the electronic purchases and not being able to claim lack of signature for breach of the obligations assumed.
2 - Product Information and Content
NCB Solutions will endeavour to ensure that the information presented does not contain typographical errors, which will be promptly corrected whenever they occur.
The Customer hereby expressly accepts and acknowledges that:
- The images of the articles presented on the website are for illustrative purposes only, and the Customer should read the information on the essential characteristics of the articles carefully and in full, and may, in case of doubt, contact NCB Solutions through the available contacts.
- NCB Solutions will use all reasonable endeavours to include accurate and up-to-date information about its products available on the NCB Solutions website;
NCB Solutions will endeavour to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult for NCB Solutions to control, such as human error or incidents in computer systems, some of the products ordered by the User may not be available. If a product is not available after you have placed your order, you will be notified by email or telephone. You will then be offered the chance to cancel the order with a refund, if you have already paid for it.
All information on prices, products, specifications, promotional actions and services may be changed at any time by NCB Solutions.
Unless there is a spelling mistake, publication error or out of stock, the prices quoted do not include VAT and are valid only for this website and for the day on which they are announced. Prices and specifications are subject to change without prior notice, however from the moment the order is confirmed by both parties, the agreed price is unalterable, even if the order is scheduled and delivered at a later date.
3 - Delivery conditions
Free deliveries in the municipality of Santa Maria da Feira, or within a radius of no more than 20 kilometres from the address of NCB Solutions' head office.
If the delivery is outside the geographical limit mentioned in the previous point, it is free of charge if the net value of the order is more than €1,000.
4 - Responsibilities
All products advertised on the NCB Solutions website comply with Portuguese law.
The website has adequate levels of security, however NCB Solutions shall not be liable for any damages suffered by the User and/or Third Parties as a result of 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, connection software or any computer viruses or arising from the downloading ("download") through the service of files infected or containing viruses or other properties that may affect the User's equipment. If for any reason it is impossible to provide the service due to an error in accessing the NCB Solutions website, NCB Solutions shall not be liable for any damages.
Data and information queries made within the scope of this Service are presumed to have been made by the User, and NCB Solutions declines any liability arising from the abusive or fraudulent use of the information obtained.
NCB Solutions shall not be liable for any loss or damage caused by misuse of the Service that is not directly attributable to it through wilful misconduct or gross negligence.
NCB Solutions shall not be liable for any loss or damage arising from the non-fulfilment or defective fulfilment of the Service where this is not directly or indirectly attributable to it by way of intent or serious fault, and shall not be liable in particular for (i) errors, omissions or other inaccuracies relating to the information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) non-compliance or defective fulfilment resulting from compliance with judicial decisions or administrative authorities or (iv) non-compliance or defective fulfilment resulting from the occurrence of situations of force majeure, i.e. situations of an extraordinary or unforeseeable nature, external to NCB Solutions and which cannot be controlled by NCB Solutions, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods, other natural cataclysms or other situations not controllable by NCB Solutions which prevent or jeopardise the fulfilment of the obligations assumed.
NCB Solutions does not guarantee that:
- the Service is provided uninterruptedly, is secure, error-free or works infinitely;
- the quality of any product, service, information or any other material purchased or obtained through the Service fulfils any expectations of the User in relation thereto;
- any material obtained in any way through the use of the Service is used at the User's own risk, and the User is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from such operation;
- no advice or information, whether oral or written, obtained by the User through the Service shall create any guarantee that is not expressed in these General Conditions.
The User accepts that NCB Solutions can in no way be held liable for any damages, including (but not limited to) damages for loss of profits, data, content, or any other losses (even if it has been previously advised by the User of the possibility of the occurrence of such damages), resulting therefrom:
- the use or inability to use the Service;
- the difficulty of obtaining any substitute goods/services;
- unauthorised access to or modification of personal databases.
5 – Consumer Obligations
The user undertakes to:
- Provide correct data and addresses;
- Do not use false identities;
- 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 a possible non-delivery, the responsibility lies with the User, and NCB Solutions declines any responsibility. In the event that the consumer violates any of these obligations, NCB Solutions reserves the right to eliminate future purchases, block access to the website, cancel the provision of any other services made available simultaneously by NCB Solutions to the same User; and also not allow future access by the User to any or all services made available by NCB Solutions.
It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of reselling goods.
6 - Privacy and Personal Data Protection
NCB Solutions guarantees the confidentiality of all data provided by Users.
The personal data identified on the order form as having to be provided is essential for NCB Solutions to provide the Service. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in NCB Solutions refusing to provide the Service.
Under the terms of the applicable legislation, the User is guaranteed, free of charge, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to object to its use for the purposes set out in the previous paragraph, and for this purpose they should contact the entity responsible for processing the personal data.
7 - Order cancellation
At the User's request:
The User may cancel their order by requesting it from NCB Solutions by e-mail, quoting the order number, which will be accepted as long as the order has not yet been processed.
By decision of NCB Solutions:
NCB Solutions reserves the right not to process orders when it finds any inconsistency in the personal data submitted or observes misconduct on the part of the buyer. NCB Solutions 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 are the result of technical problems or errors beyond the control of NCB Solutions.
8 - Returns (Right of cancellation)
The User may exercise the right of withdrawal without being required to provide any reason and/or compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good, and the transport costs inherent in the return will always be the responsibility of the user.
9 - Conditions for Accepting Returns/Exchanges
Although returns/exchanges on distance purchases (as described above) are accepted within the first 14 days, returned goods will only be accepted if they fulfil the following conditions:
- The returned product must be intact and without any marks and/or damage from use.
- You must return the product to the NCB Solutions head office, together with its undamaged packaging.
- Together with the returned goods, you will need to enclose the invoice for the same product.
In the event of non-compliance with any of the above points, we will not be able to accept the return, refund or exchange of the product.
10 - Non-Acceptance of Returns/Cancellations and/or Refunds
Products manufactured in a personalised way at the customer's request and according to their needs. Both parties (the client and NCB Solutions) assume that the characteristics and specifications of the customised product have been informed and accepted. Another reason for non-acceptance is the high impossibility of reselling the customised product to another customer.
11 - Manufacturing defect
In the event of a manufacturing defect, i.e. when manufacturing errors are detected in the product, the User must notify NCB Solutions in writing of the manufacturing defects detected. NCB Solutions has a period of 8 calendar days from the date of the User's complaint to analyse and respond to the complaint. Upon acceptance by NCB Solutions, the User must return the product, together with a copy of the invoice, within a maximum of 30 calendar days from the date of the invoice, to the address of NCB Solutions' head office. In this case, transport costs for the return will be borne by NCB Solutions.
12 - Return refunds
The method of reimbursement of the amount to be returned will be made by the same method of payment made by the user.
Refunds will be made within 14 days of receipt of the returned product and validation of its conformity by NCB Solutions.
13 - Intellectual Property
The website is a registered site and the service provided by the site itself is the responsibility of NCB Solutions.
The User recognises 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 appearing 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 such content may only take place under the express authorisation of the respective owners.
The User undertakes to fully respect the rights referred to in the previous paragraph, namely by refraining from carrying out any acts that may violate the law or said rights, such as the reproduction, commercialisation, transmission or making available to the public of said content or any other unauthorised acts that have the same content as their object.
14 - Service Safety Conditions
The User undertakes to comply with all applicable legal provisions, in particular not to practice or encourage the practice of unlawful acts or acts that offend morality, 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 comply with the rules for using the Service, failing which NCB Solutions may suspend or deactivate the Service.
The User expressly recognises and accepts that the IP Network is a public electronic communications network that can be used by several users and, as such, is subject to computer overloads, so NCB Solutions does not guarantee that the Service will be provided without interruptions, loss of information or delays.
NCB Solutions also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is based or of force majeure (situations of an extraordinary or unforeseeable nature, external to NCB Solutions and which it cannot control).
In the event of an interruption in the provision of the Service for reasons of unforeseeable overload of the systems on which it is based, NCB Solutions undertakes to regularise its operation as soon as possible.
15 - Suspension and Deactivation of the Service/Website
Irrespective of any prior or subsequent notice, NCB Solutions may, at any time, and in its sole discretion, discontinue making the Service and/or part of the Service available to any or all Users.
NCB Solutions also reserves the right to immediately suspend or terminate access to the Service in the following cases:
- When the user does not observe the conditions of use.
- When NCB Solutions ceases access to the website, with prior notice of 15 days before the date of cessation.
The suspension or termination of the Service by NCB Solutions, under the terms of the preceding paragraphs, shall not entitle the User or any third party to any indemnity or other compensation, and NCB Solutions shall not be held liable or in any way encumbered for any consequence resulting from the suspension, cancellation or termination of the Service.
In the situations described above, NCB Solutions shall notify the User in advance so that the User may, if he/she so wishes, safeguard the content of his/her order viewing area within 3 (three) working days of the e-mail being sent or the information being made available on the main page of the Service.
16 - Communications
Without prejudice to other forms of communication provided for in these General Terms and Conditions, notifications made to the User relating to the Service, including any amendments to these General Terms and Conditions, may be made to the User's e-mail address, by SMS or by telephone.
The User agrees to receive any and all communication, including promotional actions, and/or notification related to the website, to the address, contact telephone number and/or e-mail address ("e-mail") indicated in the registration process in the customer area.
At any time, you can request not to receive these communications and/or notifications by sending an email to NCB Solutions.
17 - Technical configurations
Without prejudice to the provisions of the following paragraph, NCB Solutions may change the Service and/or the technical conditions for its provision, as well as the respective rules of use, and shall disclose such changes to the User at least 15 (fifteen) days in advance.
18 - Communications
Whenever NCB Solutions deems it necessary or convenient to optimise the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.
Without prejudice to the provisions of the following paragraphs, and in view of the innovative nature of the Service and the technological developments to which it may be subject, NCB Solutions may change the technical configurations of the Service whenever this proves convenient in order to adapt it to possible technological developments.
NCB Solutions does not, however, guarantee the user any upgrades or improvements to the Service.
Some upgrades or new functionalities of the Service may only be available against payment by the User and/or subscription by the User to Specific Conditions of Use.
19 - Complaints
The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to NCB Solutions 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 from the date of knowledge of the facts by the User, and shall be registered in the information systems of NCB Solutions, which shall decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.
19.1 - Complaints book
NCB Solutions has an online complaints/compliments/suggestions book.
20 - Applicable Law
The Contract is governed by Portuguese law.
