GENERAL TERMS AND CONDITIONS OF SALE

Access to, browsing, and use of our website, as well as purchasing through it, imply the knowledge and acceptance of the terms set out in these conditions.

By unilateral decision of Ninhos de Sonho®, these conditions may be subject to changes, and the version in force at the time of purchase shall apply.

Therefore, before making an online purchase, the User must inform themselves of our Site's Terms and Conditions to ensure the purchase is conducted correctly and securely. It is the User's responsibility to review these conditions periodically and prior to any purchase.

TERMS:

CONCLUSION OF THE CONTRACT - The information contained in the present Terms and Conditions and at www.ninhosdesonho.com does not constitute an offer of sale, but an invitation to contract. It is not considered that any purchase contract exists until there is, on the part of Ninhos de Sonho®, express acceptance of the order placed by the User.

CONSUMER - User who, being a natural person, acts for purposes that are not included within the scope of their commercial, industrial, artisanal or professional activity.

SUPPLIER OF THE GOODS - For purposes of the contract of purchase of products through the site www.ninhosdesonho.com, it is considered supplier Ninhos de Sonho, Lda, (hereinafter designated by the registered trademark of which it is the holder, NINHOS DE SONHO®), a private limited company with the tax identification number PT518770826, with address at Rua dos Vales Ferreiros, n.º 24, Palmeiria, 2420-124 Caranguejeira, Leiria, Portugal.

You may contact Ninhos de Sonho telephonically through the Telephonic contact(s): (+351) 914 384 182, only Portuguese, Spanish or English (Call to the international mobile network), all business days between 9AM and 6PM, or by electronic mail to the address info@ninhosdesonho.com.

ONLINE STORE - The products advertised on the domain www.ninhosdesonho.com are marketed by Ninhos de Sonho® as part of its commercial activity. Product availability will be determined by the quantity of stock available. Ninhos de Sonho® provides standard delivery of products purchased through its online store to Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark (excluding Bornholm), Estonia, Finland, France (excluding Corsica and French overseas territories), Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Monaco, the Netherlands (excluding the Dutch Caribbean islands), Poland, Romania, Slovakia, Slovenia and Sweden (excluding Gotland). Deliveries to other destinations are subject to an individual shipping quotation.

The images used for communication of the products, at www.ninhosdesonho.com, are illustrative, being possible the existence of a difference between the colors of the image and those of the product.

NINHOS DE SONHO – Registered trademark in April 2022 owned by Ninhos de Sonho, Lda.

PRICES - The sales prices of the products displayed on our website are those in force at the time the User places the order and do not include shipping costs. Shipping costs are charged in addition to the price of the products purchased and are determined according to the applicable delivery zone and shipping weight.

Prices may be displayed in euros (EUR), Czech koruna (CZK), Danish krone (DKK), Hungarian forint (HUF), Polish złoty (PLN) or Swedish krona (SEK), depending on the country and/or currency selected on the website. Prices displayed in currencies other than the euro are calculated using exchange rates that are updated daily and may therefore vary from day to day. The price applicable to an order will be the price displayed at the time the order is placed.

The price shown for each product includes VAT (Value Added Tax), where applicable, and is presented as the final retail price. It does not include shipping costs, packaging costs or any other applicable charges.

Ninhos de Sonho® reserves the right to make, at any time and without prior notice, any changes it considers necessary to the online store, including updating products and prices according to new products, exchange rate fluctuations, promotions or campaigns. However, such changes will not affect orders that have already been placed.

USER - It is considered User the person who accesses, navigates or uses the services available on the site www.ninhosdesonho.com, whether for effects of information or of acquisition of products.

The User commits themselves to use the site only to effect consultations and orders legally valid. The user grants express authorization to Ninhos de Sonho® to annul any acquisitions that it considers false or fraudulent, as well as to suspend or cancel the access account of a User, in case it verifies the existence of fraudulent acts, data or information.

The User recognizes that, for effect of operationalization of the acquisition and delivery of ordered products, they will have to provide us with a set of minimum information, necessary to such end. Such information will remain, in the part in which it is applicable to them, subject to the Privacy Policy of Ninhos de Sonho®.

By effecting an order, the User declares and guarantees that:

a) They are over 18 years old and are legally capable of celebrating a contract;

b) The purchase of products does not have any relation with their professional activity.

The sale to professionals is possible, but the conditions of sale will be previously agreed with Ninhos de Sonho®. If it is your intention to resell our products, please enter into contact with us by any of the contact ways advertised on this site.

GENERAL CONDITIONS OF SALE:

1.) USER REGISTRATION FOR THE REALIZATION OF ORDERS

The realization of orders on the Ninhos de Sonho® site is dependent on the prior registration of the User at www.ninhosdesonho.com, with the filling of the totality of the mandatory fields identified there. It is essential that you dispose of an email account to be able to make orders in the online store.

With this registration you will be creating your personal account on the site www.ninhosdesonho.com, by way of which you may effect orders and accompany their status.

The correct filling of the fields referring to the registration is of the entire responsibility of the User, being that Ninhos de Sonho® does not assume any responsibility arising from error, lapse or omission in the filling of the registration fields and/or of the realization of an order and/or arising from the realization of fraudulent purchases by third parties with recourse to the User's data.

The data introduced in the registration remain subject to the privacy policy of Ninhos de Sonho®, which may be consulted at www.ninhosdesonho.com. Upon creating the User registration you will be declaring that you accept the terms contained in the privacy policy.

2.) REALIZATION OF ORDER AND PAYMENT

After the prior registration of the user, access www.ninhosdesonho.com and select the products that you intend to buy and add them to the shopping basket;

When you have finished your selection, select the option Finalize Purchase in the shopping cart menu;

Associate your selection to your personal account by means of introducing the login;

Fill in the remaining fields of mandatory filling;

Select your preferred delivery method. Shipping costs and free shipping eligibility are determined according to the following delivery zones:

DELIVERY ZONE	COUNTRIES	SHIPPING COST	FREE SHIPPING
Zone 1	Germany, France	€7.90	From 16 kg
Zone 2	Monaco, Netherlands, Belgium, Luxembourg, Austria	€8.90	From 26 kg
Zone 3	Denmark, Sweden, Greece, Ireland, Finland	€9.50	From 41 kg
Zone 4	Czech Republic, Poland, Hungary, Slovenia, Slovakia, Lithuania, Latvia, Estonia, Croatia, Bulgaria, Romania	€9.90	From 61 kg

Valid for all products in our online store.

Our website allows orders with a total shipping weight of up to 100 kg. For orders exceeding this limit, please contact our customer service team by email at info@ninhosdesonho.com to obtain further information and a shipping quotation.

The weight considered for shipping purposes is either the actual weight or the volumetric weight, whichever is greater. This weight is used to determine both the applicable shipping costs and eligibility for free shipping.

Select the form of payment of your order;

The User may opt for the form of payment that, from among the selection that is presented to them (Credit/Debit Card, Bank Transfer, PayPal, Amazon Pay, Apple Pay, Google Pay, Revolut Pay, Klarna, Satispay, Ideal | Wero, Blik, Mobile Pay, Bancontact and EPS) is most convenient for them, without such affecting the value of their order;

Confirm the terms of the order and accept the General Terms and Conditions of Sale of our Site, being that, without the same, follow-up will not be given to your order;

After conclusion of your order, you will receive an automatic email containing that information.

The processing of the order will remain waiting for the realization of your payment.

3.) ORDER PROCESSING

Once confirmed the payment of your order, we will process it.

4.) DELIVERY OF ORDERS

For deliveries of purchases made through this website, Ninhos de Sonho® uses express courier services (UPS, DPD, GLS or other carriers) to deliver orders to the address provided by the Customer.

Following confirmation of payment, orders are normally dispatched from our facilities within 1 (one) to 2 (two) working days, subject to product availability. Dispatch may be delayed if one or more products are temporarily out of stock. In such cases, the Customer will be informed by email of the situation and, where possible, the revised estimated dispatch date.

After the goods have been dispatched from our facilities, the estimated delivery time may vary between 2 (two) and 8 (eight) working days, depending on the destination country. Unless a different delivery period has been expressly agreed with the Customer, orders will be delivered no later than 30 (thirty) days from the conclusion of the contract. The table below shows the estimated delivery times following dispatch from our facilities.

ESTIMATED DELIVERY TIME	DESTINATION COUNTRIES
2–4 working days	France
3–5 working days	Germany, Monaco, Netherlands, Belgium, Luxembourg
4–6 working days	Austria, Denmark, Czech Republic, Poland, Hungary, Slovenia, Slovakia
5–7 working days	Sweden, Ireland, Lithuania, Latvia, Croatia, Romania
6–8 working days	Greece, Finland, Estonia, Bulgaria

For deliveries to destinations not listed in the table above, delivery times will be estimated on a case-by-case basis. The delivery times indicated are estimates and may be affected by unforeseen circumstances, such as incorrect delivery addresses, unsuccessful delivery attempts or delays affecting transport companies, as well as events of force majeure.

If your order is not delivered within the estimated or agreed delivery period, please contact our customer service team as soon as possible so that we can investigate and track your shipment.

The order will be delivered to the address provided by the Customer during checkout. The Customer should ensure that someone is available at the delivery address to receive the goods.

Each shipment is accompanied by an invoice or other relevant sales or transport document.

Products displayed on our website are generally available in stock, although temporary stock shortages may occasionally occur. If an ordered product is unavailable, the Customer will be informed by email and, where possible, provided with an updated estimated dispatch date. If the order cannot be fulfilled due to product unavailability, the Customer will be informed and refunded the full amount paid.

With the delivery of the order, it will be transmitted to the User the risk referring to the products delivered.

At the time of the reception of the order, the User must always proceed to the verification of the state of the packaging at the time of the delivery and, in case they detect some damage, they must write it in the delivery guide.

REFUSAL OF THE ORDER

Ninhos de Sonho® reserves the right to refuse the order if the information provided at the time of its realization or of the creation of the User's personal account is incomplete, the billing information is incorrect, in case of suspicion of fraud and in the other cases provided for throughout the present conditions.

In the aforementioned situations, the User will receive, through the email associated with their order, information of cancellation and of its causes.

All orders are subject to the confirmation of the existing stock.

If a product is temporarily unavailable, the User will be informed by email and, where possible, provided with an updated estimated dispatch date.

If the order cannot be fulfilled due to product unavailability, the User will be informed and refunded the full amount paid, using the same payment method as the original transaction, unless expressly agreed otherwise, within the applicable legal deadlines.

LEGAL GUARANTEE

In accordance with Decree-Law no. 84/2021 of 18 October, the products commercialized at www.ninhosdesonho.com enjoy a legal guarantee period of 3 (three) years counting from the delivery of the good.

In case it is verified that the product is not in conformity, the consumer has the right to the reposition of conformity (by means of repair or of replacement), to the proportionate reduction of the price or to the resolution of the contract, in accordance with the disposed in the aforementioned legal diploma.

Excluded from the scope of the guarantee are all products that have been unduly handled or applied or also the non-conformity that arises from habitual wear.

To exercise the rights arising from the non-conformity, the consumer must denounce the lack of non-conformity to Ninhos de Sonho®. The denunciation must be made by postal mail to Rua dos Vales Ferreiros, n.º 24, Palmeiria, 2420-124 Caranguejeira, Leiria, Portugal or to the electronic mail to info@ninhosdesonho.com. Ninhos de Sonho® has the right to demand that the product be exhibited to it, prior to the acceptance of the non-conformity, for effect of validation/confirmation of the non-conformity.

In case the non-conformity is accepted, the repair or replacement of the product will be realized in the maximum period of 30 days, counting from the moment in which Ninhos de Sonho® was informed by the consumer of the lack of conformity.

EXCLUSION OF WARRANTIES AND LIABILITY

Despite the maximum rigor applied in the update of our site www.ninhosdesonho.com, it is possible that involuntary errors may exist in the information presented about our products, wherefore, in case such is verified, Ninhos de Sonho® reserves to itself the right to cancel the order.

Ninhos de Sonho® will only be held responsible for the eventual damages that the User may suffer as a result of the online sales service when these are attributable to a wilful action of its own, the User recognizing and accepting that the use of this service is realized under their entire responsibility and risk.

In this way, the responsibility of Ninhos de Sonho® cannot be extended to all the discomforts/inconveniences or damages provoked by the use of the Internet network, namely by interruption of a service, an external intrusion or the presence of computer viruses.

Furthermore, Ninhos de Sonho® shall not be considered responsible in the case of the order not being delivered by a case of force majeure, such as for example, in case of a storm that prevents the routing of the order.

No provision of the present clause will affect the rights of the consumer, nor their right of free resolution.

CONSUMER'S RIGHT OF FREE RESOLUTION

Pursuant to Article 10 of Portuguese Decree-Law No. 24/2014 of 14 February (contracts concluded at a distance and outside business premises), and without prejudice to any applicable mandatory consumer protection laws, the consumer has the right to withdraw from the contract within 14 calendar days (cooling-off period) from the date on which they acquire physical possession of the goods. During this period, the consumer may return the product without having to provide any reason.

A "consumer" is defined as a User who is a natural person acting for purposes outside their trade, business, craft or profession.

However, when returning a product, the following conditions should be observed, without prejudice to the right of withdrawal:

a) The product should not have been used beyond what is necessary to establish its nature, characteristics and functioning;

b) The product should retain its original characteristics. The Consumer may be held responsible for any reduction in value resulting from handling beyond what is necessary to establish the product's nature, characteristics and functioning;

c) The product should be complete and suitably packaged (if the product consists of more than one component, all components should be returned);

To exercise the right of withdrawal, the consumer must communicate their decision to withdraw from the contract by means of an unequivocal statement. To facilitate identification of the order, the consumer is requested to provide their name, postal address, contact details, identification of the purchased product, order date and date of receipt, where available. The consumer may prepare and send their withdrawal notification, including the information mentioned above, by email to info@ninhosdesonho.com or by post to Rua dos Vales Ferreiros, n.º 24, Palmeiria, 2420-124 Caranguejeira, Leiria, Portugal. An acknowledgement confirming receipt of the withdrawal notification will be sent to the consumer.

Following notification of their decision to withdraw from the contract, the Consumer should make the purchased product available for collection, suitably packaged and accompanied by a copy of the withdrawal notification and purchase invoice, where available. Collection will be arranged by Ninhos de Sonho® in consultation with the Consumer, and the product will be returned to the following address: Rua dos Vales Ferreiros, n.º 24, Palmeiria, 2420-124 Caranguejeira, Leiria, Portugal.

Once the returned order has been received, the Consumer will be informed by email of its receipt. The condition of the product will be checked, without prejudice to the statutory refund deadlines. The amounts due will be refunded using the same payment method used for the original transaction, unless expressly agreed otherwise, without any additional refund fees for the Consumer.

For returns made under the right of withdrawal, Ninhos de Sonho® will arrange collection of the product in consultation with the Consumer. The fixed collection costs are determined according to the following delivery zones:

DELIVERY ZONE	COUNTRIES	RETURN COLLECTION COST
Zone 1	Germany, France	€7.90
Zone 2	Monaco, Netherlands, Belgium, Luxembourg, Austria	€8.90
Zone 3	Denmark, Sweden, Greece, Ireland, Finland	€9.50
Zone 4	Czech Republic, Poland, Hungary, Slovenia, Slovakia, Lithuania, Latvia, Estonia, Croatia, Bulgaria, Romania	€9.90

These collection costs will be borne by the Consumer and deducted from the amount to be refunded, provided that they correspond to the applicable direct return costs and have been communicated in advance.

The above collection charges apply exclusively to returns made under the right of withdrawal and do not apply to returns involving faulty or non-conforming products, which are subject to the applicable legal provisions.

The Consumer must ensure that the product is suitably packaged for collection, without prejudice to the applicable legal responsibilities for any damage occurring during the return process.

The Consumer will be refunded all payments made, including the original delivery costs (except for any additional costs resulting from their choice of a delivery method other than the least expensive standard delivery method offered), less any applicable direct collection costs previously communicated to the Consumer, without undue delay and, in any event, no later than 14 calendar days from the date on which Ninhos de Sonho® is informed of the decision to withdraw from the contract.

If the Consumer and Ninhos de Sonho® expressly agree that the refund should be made by bank transfer, the Consumer undertakes to provide their IBAN for this purpose, without incurring any additional charges.

INTELLECTUAL PROPERTY

Ninhos de Sonho, Lda is the holder of the brand Ninhos de Sonho® and of the intellectual property rights, namely industrial property, trademarks, designs, copyright and related rights of the contents published on the site www.ninhosdesonho.com that are not of external supply and as such duly identified, and as well as of the products here commercialized, which constitute works of intellectual and creative character specifically protected by the various branches of intellectual law, commercial norms, of competition and other applicable legislations.

INTEGRALITY

In the case of one of the clauses of the present document being declared null by an alteration of legislation, of regulation or by judicial decision, it shall not in any case affect the validity and the fulfillment of all the other provisions of the present General Conditions of Sale.

DISPUTE RESOLUTION

The present general conditions of sale and the contract of purchase and sale are regulated by the Portuguese legislation.

In case of dispute, and without prejudice to the Parties committing themselves to try to obtain an amicable solution before any judicial action, any dispute relative to the validity, interpretation or execution of the same will be the competence of the Judicial Court of the District of Leiria, with express renunciation to any other.

For the alternative resolution of disputes, whose value does not exceed €5,000.00, you may, wishing so, resort to the arbitral tribunals attached to the legally authorized consumer conflict arbitration centers.

In accordance with article 18.º of Law n.º 144/2015, of 8 of September, in the wording currently in force, we inform that consumers may resort to CNIACC - National Center for Information and Arbitration of Consumer Conflicts: www.cniacc.pt

For more information, consult the Consumer Portal at www.consumidor.pt.

ACCESS TO THE ONLINE PAGE WWW.NINHOSDESONHO.COM

In case of force majeure, namely, informatics or technical difficulties, of difficulties associated to the structure of telecommunications networks, of blockage of telecommunications networks, of strike, of state of national or local emergency, of storms, the access to all or part of the page may be suspended by means of a simple decision of Ninhos de Sonho®.

In the same way, the access to this page may be interrupted at any moment without prior notice for reasons of maintenance.

At any moment and without prior notification, this page may undergo modifications including at the level of functionalities and without the user being able to invoke any type of prejudice.

USE OF COOKIES

On this site, Ninhos de Sonho® uses cookies that allow to improve the performance and the navigation experience of the holders of the personal data.

For more information consult the Cookies Policy.

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