Terms of Service

Object

The terms and conditions presented below represent a contractual agreement between CIDADES GENIAIS SA (hereinafter NOOCITY®), holder of the tax identification number 514758058, with a business address at: Praça Coronel Pacheco, 4050 – 453 in Porto, and anyone making a purchase through www.noocity.com (hereinafter the “Buyer”).

Scope of application

1. The Terms and Conditions apply to all users of www.noocity.com (hereinafter the “Website”), purchasing products presented on the Website and placing any orders through the means made available for this purpose.

2. The marketing of products through third parties or by hyperlinks or any other purchase which is not exclusively and directly made on this Website from NOOCITY® is excluded from these Terms and Conditions.

Online purchase and sale – special conditions

1. The Buyer places his or her order by selecting the product or products on the Website, which are added to a virtual shopping basket, and, once all products have been selected, the Buyer fills in the identification data necessary for the completion and confirmation of the order.

2. Once the Buyer selects and confirms the order, the Buyer confirms, without reservation, having read the Terms and Conditions, and expressly and without reservation declares that he or she has understood and accepts the entirety of the Terms and Conditions here in.

3. NOOCITY®, through this platform, will automatically record all data relating to the order to serve as proof of the completion of the transaction.

Sales processing

1. The sale is considered concluded when, once the order is completed and confirmed, payment is made through the means made available for this purpose

2. The products ordered will only become property of the Buyer after confirmation of payment for the products ordered.

3. NOOCITY® reserves the right to suspend, refuse or cancel orders or sales in the event of irregularities or anomalies during the processing of the order or payment.

Delivery location of the product

1. The delivery location of the products is defined by the Buyer when the order is placed, it is limited to European territory, and delivery is carried out through a third party carrier.

2. NOOCITY® reserves the right to refuse, suspend or cancel the order when the delivery time or location does not correspond to the framework defined in the previous clause.

3. NOOCITY® is not responsible for any delays, shortcomings or damages caused by the carrier.

Delivery time of the product and costs

1. Delivery is made within a minimum of 5-10 business days, except for products out of stock, delay of the carrier or any other cause beyond the control of NOOCITY®.

2. NOOCITY® is not responsible for the state of the product or for damages caused by a delay or an interruption in delivery, this risk being transferred to the recipient as soon as the product is entrusted to the carrier.

3. In the event of a force majeure, state of necessity, strike, tumult, administrative suspension, or any other cause which could delay, suspend or make disproportionate and unpredictable the delivery and the cost thereof, NOOCITY® will release itself from the responsibility of delivery, without the right to any indemnity or compensation whatsoever. The Buyer will be informed in the event of such circumstances, and NOOCITY® will provide the Buyer with all elements required to enable the Buyer to define and establish any liability of the carrier or third parties.

4. The costs relating to the transportation and delivery of the products are added to the price of the product advertised on the Website and are communicated to the Buyer in the confirmation of the order, and they may vary depending on the mode of transport selected.

5. When it is not possible to deliver the products due to non-withdrawal by the Buyer, the costs associated with returning the products will be deducted from the price paid by the Buyer. In the event that the Buyer opts to return the products, he or she will undertake the costs of the missed delivery as well as those of the new delivery.

Shipping and delivery

The delivery of the products will be made by a third party carrier in accordance with the terms and conditions of said carrier, at the delivery location indicated by the Buyer upon placing the order.

Product prices and payment terms

1. The price of the product is the price indicated on the Website, on the tab reserved for the acquisition of products (online store), and is indicated in Euros, VAT included.

2. The invoice is issued with the data indicated by the Buyer when placing the order and is sent to him or her electronically after confirmation of payment.

3. The price charged is that indicated on the Website and corresponds to the price indicated in the confirmation of the order, any discount or reduction resulting from any promotional campaigns or any other nature included, and the confirmation of the order implies acceptance of the latter.

4. The payment of the price of the products can be made by means indicated on the Website at the time of confirmation of the order, namely MasterCard, Visa, American Express, JCB, Paypal, knowing that NOOCITY® is not held responsible for the unavailability or malfunction of these third party payment services.

5. Only after confirmation of payment by these third parties will payment be considered to have been made and sale and delivery may be carried out.

Conformity of products

1. The products sold correspond to those illustrated in images on the Website and to their descriptions, which might be subject to negligible and non-essential differences resulting from the angles of the photos and their two-dimensional display, which do not imply any alteration to the products shown, or which do not modify or substantially alter the essence of the product. The Website may show images presenting additional components in order to illustrate potential uses of the product, with no implications that these additional elements, different from those described in writing, are included in the ordered product.

2. The responsibility lies on the Buyer to clarify with NOOCITY®, through the contact information available on the Website, any doubt that may remain, despite the information on the Website, about the product.

3. In the event of a conflict between the image presented and the descriptive text, the descriptive text prevails as a descriptor of the product and its functions.

Intellectual property

1. NOOCITY® is the holder of intellectual property rights, namely industrial property, trademarks, designs, copyrights and neighbouring rights in relation to the content published on the Website, as long as it is not from an external source and as such duly identified. NOOCITY® is also the holder of the products sold on the Website, which constitute works of an intellectual and creative nature specifically protected by the various branches of intellectual property law, commercial and competition standards, as well as other legislation in effect.

2. Any unauthorized use of the intellectual property rights of NOOCITY® by third parties, in any context and for any purpose whatsoever, constitutes for all legal effects a violation of the intellectual property rights of NOOCITY® subject to the legally foreseen and applicable consequences.

Delivery address

The contact information of NOOCITY® indicated on the Website and the delivery address of the Buyer indicated in the order are considered as agreed upon by both parties, and it is the Buyer’s responsibility to inform NOOCITY® in writing in the event of a change in the delivery address, knowing that in all circumstances, the delivery address indicated in the order prevails.

Conformity of products and return

1. The Buyer must verify the conformity of products received and immediately report any non-conformity between the product received and the order placed.

2. In case of any non-conformity between the product received and the order placed, the Buyer has a period of 14 days to request replacement of the product.

3. In the event of a defect in the product, excluding any defect resulting from errors in use, assembly, packaging or conservation, nor from any use contrary to the user manual, the Buyer has the same period to report the defect to NOOCITY®.

4. At the end of the aforementioned period, which begins on the date of receipt of the order by the Buyer, NOOCITY® will consider that the product has been received, is in conformity with the order and has no defects that could justify its return.

5. To be able to return or replace the product, the Buyer must conserve original packaging, accessories, manuals, product and all of its components, internal and external, in their respective packaging.

Invalidity

1. The possible declaration of invalidity of any of the clauses of this contract, no matter the reason, does not invalidate the subsistence and the validity of the contract and of the remaining clauses.

2. The Terms and Conditions herein do not apply to other actions of sale, transfer, service or others possibly carried out on the NOOCITY® Website and do not apply to links, banners, hyperlinks, websites and or separators other than those indicated herein.

Final provisions

1. NOOCITY® provides its customers with all elements and information necessary to the proper functioning of its products and is not responsible for the Buyers’ cultures, horticultural products or similar products used by them, nor for any harm or damage caused by products sold to the Buyer.

2. Upon confirmation of the order, the Buyer is considered to have read these Terms and Conditions and accepts them in full, including their content and scope, without reservation.

3. In the event of a dispute, the sole competent court will be the Porto District Court.

4. Products sold are solely intended for use by the Buyer. Their resale, transfer or any other form of transmission, with or without compensation, including of promotional nature, is expressly prohibited, with the only exception being resellers expressly authorized by NOOCITY®.