Terms and Conditions
• Night Shift® pretends to create, inform and divulgate an agreement for the users of its services that provide the possibility to purchase - via this website - food and non-food products, alcoholic and non-alcoholic beverages, hygiene products, cleaning & cosmetics products, animal products, tobacco, Moroccan products and convenience products, with a delivery service that must be paid exclusively online.
• The user of the website is unequivocally and undoubtedly aware that the service provided by Night Shift is exclusively the sale and delivery of products purchased previously to suppliers and wholesalers. Therefore, Night Shift® is not responsible for the content and information of/or contained in any of the products. Any claims related to the defect or mis preparation of the products should be directed to the respective brands and producers.
• The website works as an online store with a variety of products and provides the detailed and necessary information about those products, and guarantees the delivery of the products purchased at the address indicated by the user of the website. Night Shift® reserves to the right of unilaterally modify, at any time and without prior notice, the layout or configuration of the website, its catalog of products and the required data to access and / or use the website.
In the event of any omission, this agreement is regulated by Decree-Law no. 24/2014 of February 14, applied to contracts celebrated at distance or contracts celebrated outside commercial premises.
• The user of the website must provide all the information required for the registration, with full truthfulness. In case of inaccurate or missing information, Night Shift® reserves to the right to not complete the order and / or the delivery.
• After registering on the website, the user has access to the login services, and it is responsible for maintaining its exclusive access strictly confidential, committing himself to not divulgate its credentials or personal data. The user is also aware that it is fully responsible for any order place with its login details.
OBLIGATIONS OF THE USER
• The user agrees to receive the order at the address indicated by it, and to pay the full value of the products, as well as the fees associated to the delivery service, if the request or order is placed on the Night Shift® website.
• The user under 18 years of age/old is aware that it can not order and/or purchase, in any case, alcoholic products or tobacco products, being legally responsible for the correct information of its age at the time of registration and that this information can be subject to confirmation at the time of delivery.
NIGHT SHIFT® OBLIGATIONS
• Night Shift® has the obligation to make available through the website https://www.nightshift.com.pt a virtual space that allows the registered user to place orders and purchase food and non-food products, alcoholic and non-alcoholic beverages, pharmacy products , hygiene, cleaning, cosmetics, animal products, tobacco products, Moroccan and convenience products and also provides the user with online payment solutions.
• Night Shift® also has the obligation to deliver products purchased through its website to the address provided by the user.
• Night Shift® has a legal obligation to protect data by storing on high-security servers or any other high-security magnetic medium, the confidentiality of all information and records related to users, as well as values related to transactions arising from the operationalization of the services provided in this agreement. However, Night Shift® is not responsible for any repair of damages that may be derived from seizure and cooptation of data by third parties that break and enter the security systems to gain access to this information.
• There is no minimum order value.
• Night Shift® employees remain at the address indicated by the user for 5 minutes. After this time, Night Shift® can no longer guarantee the delivery.
• If the order volume exceeds the carrying capacity, the user will be contacted by a Night Shift® employee.
• The user has 15 minutes to process the payment, after this period the order will be automatically canceled.
• The user can cancel the order/s (only and exclusively by email) up to 2 minutes after making the payment. After this time, Night Shift® can no longer guarantee the cancelation and/or refund.
• For security reasons, Night Shift® reserves the right to refuse orders or delivery requests, even if they are within Night Shift®’s area of intervention.
• An extra fee of 1€ will be charged for each ordered tobacco product.
• An extra fee of 1€ will be charged if the order is exclusively of tobacco products.
• Regardless of the value of the order being superior to € 25, the specific rules and fees for tobacco products orders will continue to apply.
ORDERS TOBACCO AND BEVERAGES
As mentioned above, the user under 18 years of age/old is aware that it can not order and/or purchase, in any case, alcoholic products or tobacco products, being legally responsible for the correct information of its age in the registration process.
In accordance with the terms of the law referred below, Night Shift® employees always reserve the right to make prove of the age of the buyer, at the time of delivery, by requesting the submission of an identification document (Identity Card or Citizen Card).
Please bear in mind that according to the portuguese law - Decreto-Lei Nº 37/207 de 14 de Agosto de 2007 Artigo 15º republicada pela Lei n.º 109/2015 de 26/08) ponto1 alínea c):
The sale of tobacco products, herbal products for smoking and electronic cigarettes are prohibited to:
c) Minors under the age of 18 years, to be proven, when necessary with any valid identification document with photograph.Please bear in mind that according to the Portuguese law Decreto-Lei n.º 106/2015, de 16 de Junho:
1 - It is prohibited to provide or sell alcoholic beverages in public places or in places open to the public to:
c) Anyone who is notoriously intoxicated, drunk or that appears to have a psychic anomalies
We remind you that for any order that includes tobacco products there are specific rules and conditions as described below
• Always add 1 € extra charge for each ordered tobacco product.
• Always add 1 € extra charge if the order is made up exclusively of tobacco products.
• Regardless of the value of the order exceeding 25 €, the rules mentioned above will continue to apply. Night Shift meets all legal requirements regarding the marketing of tobacco products in order to guarantee the authenticity of tobacco and to combat illicit traffic and counterfeiting, and is registered on the portal for this purpose with OE ID: 3PA_5606221546089
• All prices indicated on the website already include VAT at the legal rate;
• Prices and specifications are subject to change without notice;
• Night Shift reserves the right to modify at any time the information and commercial offer presented on products, prices, promotions and commercial conditions and services.
Advertised delivery times are purely estimated and are subject to various factors inherent to the service, such as: traffic conditions, weather conditions and other situations beyond the control of Night Shift®. Night Shift® does not guarantee, in any case, that the estimated time of arrival will be accomplished.
Night Shift® allows the return of the products within 14 days prior to the acquisition under the terms of Decree-Law no. 24/2014. The delivery fees will not be reimbursed or refunded.
Upon return, the product must remain intact (including packaging accompanying the product, labels and counter-labels); otherwise Night Shift® will not allow the return.
The images displayed on the website are merely illustrative and may not correspond and represent the ordered products, and are not the responsibility of Night Shift®.
It is expressly prohibited to copy, reproduce, modify, display, transmit or disclose any type of content available at www.nightshift.com.pt
ACCEPTANCE OF THE TERM OF USE
The user declares to have read, understood and that it accepts all the rules, conditions and obligations established in this agreement.
LEGALITY OF THE TERM
Both parties elect as competent to resolve any disputes that may arise from the interpretation and fulfillment of this agreement, the Court of Lisbon.
The consumer can use one of the entities of Alternative Dispute Resolution of Consumers whose name, contacts and website addresses are included in the list of entities within the Consumer Directorate. For more information consult Portal do Consumidor: www.consumidor.pt
Decree-Law No. 74/2017 of 21 June, regulated by Ordinance No. 201-A / 2017, established the creation of an online Complaints Book, available at www.livroreclamacoes.pt (Plataforma Digital ), which allows consumers and users, among other tools, to submit complaints in a dematerialized manner, with the same value as complaints presented in physical format.