terms & conditions.

1. OWNERSHIP AND SCOPE OF APPLICATION

The present Terms and Conditions (hereinafter “T&C”) state the legally-binding terms applied to all visitors, users and Clients of the “nineone clothing” portal (www.nineone.pt).

By visiting nineone. clothing and/or by purchasing any of products made available to the public in this website, the visitor, user or customer warrants that he/she understands, agrees and accepts all T&C and declares that has the legal age to buy online any of such products, and therefore to celebrate the purchase agreement. Such agreement may be validly celebrated in both English and Portuguese languages. If you wish to have a printed copy of this T&C, you may print out a paper version or download this file to your computer.

The website www.nineone.pt is registered on behalf of Domingos Cabral. For any clarification purposes related to the website and/or the T&C, all contacts shall be addressed to nineone. clothing, incorporated under the laws of Portugal, with registered addres at Canada dos Ormondes 11, Pesqueiro, São Bartolomeu de Regatos, 9700-519 Angra do Heroísmo, registered under the number 131458655.

nineone. clothing has the exclusive right to modify the content of the present T&C at any time and by all means, without prior notice.

2. WEBSITE CONTENT AND PRODUCT CHARACTERISTICS

The reproduction, transfer, distribution or storage of the contents of nineone. clothing website without prior written permission ranted is prohibited for any purposes other than personal use. It is expressly prohibited to introduce links into this website, regardless of the intended purpose, without prior written authorization granted. The use of nineone. clothing website for abusive purposes and/or without prior authorization will be subjected to the use of legal force.

The photographs presented on the website are merely illustrative. As such, it is recommended that the customer consults the detailed description of the product in order to obtain complete information about its characteristics before the purchase.

nineone. clothing has the right to modify at any time the information and commercial offer presented on the website.

3. INTELECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All texts, images, videos, sound reproductions and any other materials published in nineone. clothing website, as well as the comments about said works, are worldwide protected under copyright law. Domingos Cabral is the sole owner of the author’s right over such works. As such, any reproduction or use – partial or total – by any means of the portal´s content is legally forbidden, except for personal use and shall be subjected to legal force.

4. USERS AND CLIENT OBLIGATIONS

The visitors, users and customers of nineone. clothing undertake to comply with the present T&C and namely to:

- Refrain from introducing, storing or disseminating through the website defamatory, obscene, offensive, xenophobic and/or any other content that violates the general principles of law and public order;
- Refrain to include any kind of spam messages, advertisement or any other content with commercial purposes;
- Provide the correct personal data and addresses so that the orders can be duly processed: the customer is the sole responsible for the veracity of the data communicated to nineone. clothing and undertakes to report any changes to it that may influence the processing of the orders.

nineone. clothing has the exclusive right to eliminate from the website all information containing any of the situations above mentioned and to take the necessary actions to end it immediately.

nineone. clothing declines any responsibility for any delay or impossibility of processing the order, in particular at the time of delivery, due to error or insufficiency of the data communicated by the customer.

5. PLACING THE ORDER

For the order to be proccessed, the customer needs to insert all the items she/he desires to purchase in the virtual shopping basket. Then the customer must follow the next steps – by inserting all the necessary data to celebrate the sales agreement - described in the purchase proceeding, so the order is successfully completed.

The validation of the purchase order implies that the customer has become aware of and expressly accepts the present T&C. The data recorded by nineone. clothing is proof of the set of transactions made between nineone. clothing and the customer. It is nineone. clothing responsibility to archive the electronic document in which the contract is formalized and to keep it accessible as it is proof that the commercial transactions has occurred. In case the customer desires a copy of such archive, she/he may ask nineone. clothing for it.

Once the customer has finished the purchase, she/he will receive a written confirmation, by email, of the transaction – the email will be sent to the address given by the customer. The notification receipt of such email is valid as the customer's conclusion of the purchase agreement.

In case the customer notices that the data on the order are incorrect, she/he should immediately alter them accordingly, request nineone. clothing to alter them or even ask for the cancellation of the purchase.

In situations of misuse of the website, nineone. clothing has the right to cancel the order.

nineone. clothing will only process an order placed by a customer after confirmation of the payment.

6. PRICES

The sales price of the products indicated on the website is in euros, with VAT included. Delivery fees are supported by the customer, will be duly communicated to her/him and are charged at the end of the order. nineone. clothing reserves the right to update the final price of the product at any time. However, the price applied will always be the one showed on the website at the time the customer finalizes the order.

Shipping costs: the amount of shipping costs will depend on the delivery address.

7. PAYMENT

Purchases can be paid by Visa, Mastercard, ApplePay (provided by Shopify Payments), Paypal or Bank Transfer/Deposit.

8. DELIVERY PERIOD

The order will be shipped to the customer 2 to 10 calendar days after payment confirmation. The estimated time period of shipment will depend on the chosen carrier, as well as on the address destination. The delivery period is calculated on a normal basis of procedures, not considering the possibility of any incidents (e.g. incomplete or incorrect addresses or other setbacks or cases of force-greater force).

9. DELIVERY

Orders will be shipped to the address given by the customer in the purchase order. To avoid delays and thus ensure the best execution of the online purchase contract, the customer may provide nineone. clothing with a phone contact so she/he can be contacted by the carrier if necessary. 

10. CANCELATION OF ORDER

According to article 33.º of Decree-Law No. 7/2004 of 7 January(with the amendments conferred by Law 40/2020, of August 8th), on e-commerce, nineone. clothing reserves the right to cancel unilaterally the service in the situation of a programming error, a malfunction of computers, as well as if the contractual proposal reaches its final destination in such a deformed way that it constitutes an error and this error is considered to be an essential element of the contract.

11. RIGHT TO WITHDRAWAL OR TERMINATION RIGHT

Customers may withdraw or cancel the purchase, with no need for justification, within 14 (fourteen) calendar days from the date of reception of the product(s).

In order to do so, the customer must send to nineone. clothing a written communication stating hers/his exercise of the withdrawal right in a date prior to the expiry of the time period indicated above - 14 (fourteen) calendar days. This statement must be clear and sent to the email address: orders@nineone.pt (Subject matter: Order Cancelation). In such case, nineone. clothing shall confirm, by email, the reception of the requested withdrawal or cancelation without delay.

However, the customer shall not, under any circumstances, send the goods to nineone. clothing without having made a prior contact because they will not be received.

Please note that the right of withdrawal or termination, within the 14 days indicated above mentioned, does not apply to the case of products made in accordance with the customer's specifications or manifestly customized.

In the event of the using his right of withdrawal or termination, the customer will bear in full the costs of returning the goods, except those that cannot be returned by normal mail. In case of the return of goods that by their nature cannot be returned normally by mail, the Client must bear the direct costs of such return that are associated with the shipping costs.

Return of goods process:
The Client must return the goods without undue delay and no later than fourteen (14) days from the day on which she/he informed nineone. clothing of the termination of the contract. After the contact between the customer and nineone. clothing, the customer can send the item properly packed, preferably with original packaging, to the following address: Canada dos Ormondes, 11, Pesqueiro, São Bartolomeu de Regatos, 9700-519 Angra do Heroísmo

Reimbursement:
In case of withdrawal or termination, the customer shall be reimbursed for payments made, including delivery costs (with the exception of additional costs resulting from the possible choice of a mode of dispatch other than the less costly normal shipping method offered by BA), without undue delay and, in any case, no later than fourteen (14) days from the date on which nineone. clothing is informed of the customer's decision to terminate this contract.

nineone. clothing shall make this reimbursement through the same means of payment used by the customer for the initial transaction, unless the latter has expressly stated an alternative way of reimbursement. In any case, the customer shall not incur any expenses as a direct consequence of the reimbursement by nineone. clothing.

12. CONSUMER GOODS AND ASSOCIATED GUARANTEES

Pursuant to Decree-Law No. 67/2003 of 8 April (with amendments introduced by Decree-Law No. 84/2008 of 21 May), all products marketed in nineone. clothing are covered by a guarantee of conformity of the goods corresponding to a 2 (two) year period.

nineone. clothing is liable before the customer for any lack of compliance between the sales agreement and the purchased good in the moment the delivery takes place.

The products will be considered as "non-compliant" with the sales agreement in the following cases:

• They are not compliant to the description made by nineone. clothing or do not possess the qualities that nineone. clothing has presented to the customer on the website;
• They are not suitable for the specific use for which the customer has purchased them;
• They are not suitable for the uses normally given to products of such type;
• They do not present the usual qualities and performance of goods of such kind, that the customer can reasonably expect, taking into account the nature of the product according to the statements made in the website, particularly in advertising.

13. JURISDICTION AND GOVERNING LAW

The present T&C shall be interpreted and complied with in accordance with its own terms. Any matters not provided for herein, shall be governed by Portuguese legislation.

Any controversies derived from the validity, interpretation, fulfilment or execution of these T&C shall be expressly submitted to the jurisdiction and competence of the Judicial Courts of Lisbon, Portugal.

14. ALTERNATIVE DISPUTE RESOLUTION

In the event of disputes initiated by a consumer against a supplier of goods or service providers, relating to contractual obligations arising from contracts for the sale or supply of services, concluded between the established supplier of goods and consumers living in Portugal and the European Union, the consumer may seek a Consumer Dispute Resolution Entity.

In Portugal, nineone. clothing rely on the following Consumer Dispute Resolution Entity: Centro de Arbitragem de Conflitos de Consumo de Lisboa (Arbitration Consumer Centre of Lisbon, Portugal)

Address: Rua dos Douradores, no 116 - 2º, 1100 - 207 Lisboa, Portugal
Phone contact: (+351) 218 80 70 30 | Fax: (+351) 218 80 70 38.
E-mail: juridico@centroarbitragemlisboa.pt

You can also file a complaint against or services by sending an email to shop@nineone.pt.

For more information on consumer rights in Portugal go to www.consumidor.pt

The present Terms and Conditions were last updated October 2022.