1. INTRODUCTION
This document, together with the Privacy Policy available at www.nipocar.pt, establishes the terms and conditions for using the platform (NIPNET), provided by NIPOCAR, and for purchasing products through it. Its use presupposes careful reading and full acceptance of the purchase conditions and policies regarding cookies and privacy. Therefore, if you do not agree with all the conditions and privacy policies, you should not use the platform.
The conditions that are regulated by this document, and applicable to the contracts that may be concluded, can be unilaterally changed, so users are recommended to consult them with some regularity, without prejudice to more relevant changes being publicized on the website. In case of doubt regarding the conditions and or privacy policies, the user can contact us through the address (NIPNET)
2. WHO WE ARE
This website is the responsibility of NIPOCAR – Importação e Comércio, Lda., headquartered at Rua Pedro José Ferreira, nº 260, 4420-612, Gondomar and registered at the competent Commercial Registry Office under the single registration number and legal person 501,786,384 and with a share capital of €250,000.00 (two hundred and fifty thousand euros).
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information and personal data provided by customers/users will be processed under the terms regulated in the Privacy Policy available at (www.nipocar.pt), so when using the software, the customer is expressly authorizing the processing of the aforementioned information. and personal data, further declaring that all information and data that you provide to NIPOCAR are true, accurate and correspond to reality.
4. USE OF THE APPLICATION / SALES PLATFORM
4.1. NIPOCAR, as a commercial company dedicated to the purchase and sale of car parts and accessories, sells such products through telephone or web orders.
4.2. The placing of orders and purchases from NIPOCAR is reserved for customers, who are previously granted access to a platform on which all information regarding products, technical characteristics, availability of stock, delivery times, among others is available. .
4.3. Access to the platform (NIPNET) depends on prior contact with NIPOCAR, in order to create a "user account", which allows access to the software content by using a "username" and "password" provided. by NIPOCAR and that the customer can change. For this purpose, NIPOCAR collects the customer's personal data such as name, address, taxpayer number, contact and email address, the latter committing to transmit accurate and truthful information.
4.4. Once the user registration is completed, NIPOCAR may send an email confirming orders, promotions and promotional offers to the email provided by the customer.
4.5. The use of the platform and creation of a "customer account" is, for all purposes, the acceptance of these terms and conditions and the privacy policy available at (www.nipocar.pt), as well as any and all access to data that the use of the platform implies.
4.6. Furthermore, the customer undertakes to use the software to make legally valid inquiries or orders and not to make false or fraudulent purchases. If NIPOCAR has elements to consider that an order of this nature has been placed, it is empowered to proceed with its cancellation, we will have authorization and inform the competent authorities.
5. AVAILABILITY OF PRODUCTS
The items shown in the software are only available for delivery in quantities that are in stock. If the customer or user completes a purchase and it is found, at the time of processing, that the product is not available for delivery, the customer will be informed by email and reimbursed for the payment of the price for the product that is not delivered. .
6. DELIVERY
6.1. Although NIPOCAR makes every effort to send orders as soon as possible, they will be sent within a maximum period of 30 days from receipt of the order and confirmation of payment.
6.2. Notwithstanding the provisions of the previous number, delays may occur due to unforeseen circumstances or problems in the delivery area.
6.3. In the event of delays in the order for reasons attributable to NIPOCAR, the customer will be informed of this fact, being given the option to establish a new delivery or cancel the order with reimbursement of the amount paid, without prejudice to the other rights that assist him under the terms of applicable legislation.
7. TRANSFER OF RISKS AND OWNERSHIP OF PRODUCTS
The customer acquires ownership of the ordered products upon receipt, by NIPOCAR, of the payment of the respective price, including shipping costs, or at the time of delivery, which is later, at his own expense the risks associated with the products from the time of your delivery.
8. PRICE AND PAYMENT
8.1. The price of each product will be the one indicated, at all times, on the platform (NIPNET), except in cases of obvious error.
8.2. The prices indicated on the platform do not include VAT at the legal rate in force and do not include shipping costs, which will be added to the total amount of the purchase at the time of completion.
8.3. NIPOCAR is not, in any way, responsible for providing the customer with products for a value lower than their public sale price, even if the order has been confirmed, if the error is obvious and unambiguous and could be recognized as such by the customer. .
8.4. If there is an error in the price of any product ordered by the customer, NIPOCAR will inform the customer as soon as possible, being given the option of confirming the order again at the correct price or canceling it. In the event that NIPOCAR is unable to contact the customer, the order will be cancelled, and the amount paid will be fully refunded to the customer.
8.5. NIPOCAR reserves the right to change prices at any time, without the need for any prior information in this regard, which does not affect orders already received.
9. INTELLECTUAL PROPERTY
The customer expressly acknowledges and consents that all copyright, trademark and other intellectual property rights on the materials that are provided as part of the platform are the property of NIPOCAR or whoever is duly authorized for their use. However, the customer may use the software to, as necessary, copy information relating to his order or contract data.
10. VIRUS, PIRACY AND OTHER COMPUTER ATTACKS
The customer undertakes not to use the software for the intentional introduction of viruses, or any other technologically harmful or harmful material. Failure to comply with this obligation may imply the practice of offenses typified in the applicable legislation, so we will inform the competent authorities if there is any non-compliance with that legislation, cooperating with them. Upon the occurrence of that situation, the user may be prevented from using the software. NIPOCAR will not be responsible for any damages or losses resulting from a denial of service attack, viruses or any program or material that is technologically harmful or harmful and that has consequences, which may affect the computer as a result of the use of the software or contents for which it can direct.
11. CONNECTIONS FROM THE PLATFORM
If our platform contains links to third-party pages and materials, these links are provided for informational purposes only. Thus, these pages are totally unrelated to NIPOCAR and such links are provided in good faith, and therefore cannot be held responsible for any damages or losses associated with their use.
By using the platform and purchasing products through it, the customer is expressly accepting that most of the information or notifications sent to him by virtue of the contract be carried out electronically, in compliance with the legal obligation that such information and notifications be made in writing. Thus, NIPOCAR will establish contacts with customers through email and by placing notices in the software. However, this does not prejudice the legally recognized rights of customers.
12. WRITTEN COMMUNICATION
Although the applicable legislation determines that the information and notifications within the scope of the contracts concluded must be in writing, given that this platform corresponds to an exclusive online sales platform, most notifications and information to be provided to the customer are made electronically, what the customer expressly accepts when dealing with NIPOCAR. Thus, the customer will be contacted via email and the information will be provided through notices placed on the platform or sent by email to customers with a user account and who have authorized it.
When contracting with NIPOCAR, the customer is expressly accepting the electronic means of communication, recognizing that all contracts, notifications, information and other notifications are sent electronically, thus fully complying with the legal requirement that notifications be made in writing. .
13. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract concluded between NIPOCAR and the customer is binding on both parties, as well as their respective successors.
14. FORCE MAJEURE REASONS
14.1. Except for situations in which any circumstance objectively attributable to NIPOCAR occurs, it will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed by it whose cause is due to any event of force majeure.
14.2. For the purposes of the previous number, “force majeure event” means any act, event, failure, omission or accident that is beyond the control of NIPOCAR, namely:
• General strike or other form of protest that significantly affects the country;
• Public order disturbances, revolt, invasion, terrorist attack or threat, declared or undeclared war, threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, landslide, epidemic or any natural disaster;
• Inability to use trains, boats, aircraft, motor transport or other means of public or private transport;
• Inability to use public or private telecommunications systems.
14.3. The obligations arising for NIPOCAR while such force majeure events occur are suspended, benefiting from an extension of the deadlines foreseen for the fulfillment of such obligations.
15. PARTIAL CANCELLATION
In the event that any of these conditions or any contractual provision is declared null and void by the competent entity, this does not affect the validity of the remaining terms and conditions, which remain in force in their precise terms.
16. SINGLE AGREEMENT
These purchase and use conditions and all documents referred to in them constitute the entire agreement between NIPOCAR and the customer.
17. APPLICABLE LAW AND JURISDICTION
The use of the NIPOCAR website and the conclusion of purchase and sale contracts through it are governed by the law in force in Portugal, without prejudice to other rights recognized by the consumer by the legislation in force.
18. ALTERNATIVE DISPUTES RESOLUTION
In compliance with EU Regulation No. 524/2013, applicable to transactions concluded through the website, the customer has the option of trying to resolve any dispute in an extrajudicial way by accessing the electronic online dispute resolution platform at the electronic address http: //ec.europa.eu/consumers/odr/.
