General Terms and Conditions
1 – “www.yogurtnest.com” Domain Ownership
The website www.yogurtnest.com is owned by PRIMALYNX – SUSTAINABLE SOLUTIONS, LDA. (hereinafter “YOGURTNEST”), domiciled at Rua de Meladas, 105, Santa Maria da Feira, Portugal, registered at the Santa Maria da Feira Conservatória do Registo Predial e Comercial under the Company Registration Number and VAT Number 514.015.950.
This document establishes the pre-contractual and contractual information regarding the distance contract on the website www.yogurtnest.com, referred to in article 4 of Decreto-Lei nº 24/2014, February 14.
For any clarification related to the website www.yogurtnest.com or these General Terms and Conditions you may contact the YOGURTNEST Customer Service through any of the following means:
Email: [email protected]
Letter: Rua de Meladas, 105
4535-186 Mozelos, PORTUGAL
2 – Object and Scope of Application
These General Terms and Conditions apply to the users of the website www.yogurtnest.com, as well as any commercial transactions made through the YOGURTNEST Online store, available on the website.
Navigation in the website, as well as the purchase of any product in the online store YOGURTNEST Online, implies the acceptance of the present General Terms and Conditions by the Client or User.
YOGURTNEST reserves the right to change these General Terms and Conditions without prior notice. Any changes will be published on the website www.yogurtnest.com.
3 – Information About Contents
Reproduction, transfer, distribution or storage of the contents of the www.yogurtnest.com website, without prior written permission, granted by YOGURTNEST, is prohibited for purposes other than strict personal use.
YOGURTNEST reserves the right to modify, at any time, the information and commercial offers presented on: Products, prices, promotions, commercial conditions and services.
It is expressly forbidden to create links to this website, regardless of the intended purpose, without prior authorization from YOGURTNEST. The use of the www.yogurtnest.com domain for abusive purposes, or without prior authorization, will be subjected to legal action by YOGURTNEST. In the event you may find, in other websites, links to www.yogurtnest.com, YOGURTNEST has no responsibility, whatsoever, for the page origin, or the contents inscribed therein.
Every effort has been made to ensure that the information presented here is free of typographical errors and, whenever they occur, YOGURTNEST will proceed, as soon as possible, to correct it.
The photographs displayed on the website are merely illustrative. As such, YOGURTNEST recommends that the Customer check the detailed description of the product in order to obtain complete information about its characteristics.
In the case that the information presented does not match the actual characteristics of the product, the Customer has the right to rescind the purchase and sale agreement, under the terms of these General Terms and Conditions, and the applicable legal terms.
All the contractual information, as well as the information on the products, communications by e-mail and formalization of the sale is written in the Portuguese language.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website (and by agreeing to these terms and conditions) you warrant and represent that you are at least 18 years of age.
Users agree to use this website in compliance with the provisions of applicable law, refraining from using it for activities contrary to law, morality and good manners, or rights and interests of third parties.
5 – Intellectual Property
The User acknowledges that all intellectual property rights, including, but not limited to, software rights, codes (source code, object code, etc.), copyright, designs, user interface, know-how, trademarks, logos and trade secrets are and will remain the property of YOGURTNEST.
The use of the YOGURTNEST website and accessory features does not grant the User any license with respect to the said rights, nor can it be presumed, at any time, to grant.
These terms do not assign to the User any rights to use any trademarks and/or logos belonging to YOGURTNEST or its affiliates.
In what concerns rights not explicitly stated and listed in this clause, at no time may such an omission be interpreted in a different sense, and should, in case of doubt, always be interpreted to the effect that the use in question is expressly prohibited by YOGURTNEST.
The following actions are expressly prohibited to the User:
- Interfere with or disrupt the integrity or execution of the services;
- To seek unauthorized access to the YOGURTNEST website and/or its computer systems;
- Create derivative works from the YOGURTNEST website or any services provided in accordance;
- Access or use the YOGURTNEST website to build a competing product and/or service, or copy any feature, function or graphic, for competing purposes.
- Copy, reproduce, distribute, transmit, broadcast, display, sell, license, disclose or otherwise exploit the contents of the website for any other purpose without the prior written consent of YOGURTNEST or, where applicable, licensors of YOGURTNEST.
- Copy, translate, disassemble or decompile, create or otherwise attempt to create, by reverse engineering or otherwise, the source code or the object code of the website, as well as third-party tools and applications and the software associated with the website functionality or remove any notice of confidentiality or intellectual property.
In the case You violate any of the above provisions, in addition to YOGURTNEST’s right to, immediately, terminate this Agreement, you agree to compensate YOGURTNEST for losses and damages caused.
The User may not use software tools to collect personal information, such as robots, crawlers, or other automatic mechanisms.
7 – Responsibilities
All Products sold on www.yogurtnest.com comply with the Portuguese legislation.
YOGURTNEST is not liable for damages resulting from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system which may temporarily prevent access, navigation or service to Users.
In no event shall YOGURTNEST and/or its representatives and employees be held liable for any damages that may arise, even accidentally, from the malfunction of this website, for any reason and for any length of time that such malfunction lasts, or for any damage caused by the reproduction, use or exploitation that violates the provisions of these General Terms and Conditions.
8 – Obligations of Users and Clients
The User and the Client agree to observe and comply with these General Terms and Conditions, namely:
- To refrain from introducing, storing or disseminating, through the website, defamatory, obscene, libelous, xenophobic and/or any other content that violates the general principles of law and public order;
- Not to assume false identities;
- To provide personal data and a correct address so that YOGURTNEST can process the orders properly;
- Refrain from testing and evaluating system vulnerability and violate security systems.
The User is, therefore, expressly prohibited from transmitting messages or information that are abusive, misleading, defamatory, obscene or in any way violating the right to privacy or the intellectual or industrial property of third parties, as well as to make available any information that may be harmful to third parties or to the website proprietor.
YOGURTNEST reserves the right to delete the account of the User or Client that performs any of these acts.
The User or Client is responsible for the accuracy of the data transmitted to YOGURTNEST and agree to immediately update his YOGURTNEST Registration Account on the ww.yogurtnest.com website, any changes thereto.
YOGURTNEST declines any responsibility for any delay or impossibility of processing the order, namely in the delivery, due to error or insufficiency data communicated by the Customer.
9 – Online Ordering
To complete your purchases, through the website www.yogurtnest.com, you need to register as a Customer by completing the form, available online. Once you have registered, simply enter all the items you wish to purchase in the virtual shopping basket. You should follow all the steps of the purchase so that it is completed successfully.
The validation of the purchase order implies that the Customer has understood and expressly accepts the present General Terms and Conditions, available for consultation on the website www.yogurtnest.com. The data, registered by YOGURTNEST, constitute proof of the sum of transactions completed between YOGURTNEST and the Client. It is the responsibility of YOGURTNEST to archive the contract is formalization electronic document and to keep it accessible.
As soon as you complete your purchase, you will receive an automatic email confirming the transaction. If the data is not correct, you can request for it to be changed immediately.
In order to purchase the Products sold at www.yogurtnest.com, YOGURTNEST accepts the following payment methods:
– Bank transfer
10 – Product Availability
The product catalog of www.yogurtnest.com (YOGURTNEST online store) is independent of physical stores, both in price level and quantities in stock. All promotional campaigns have limited and exclusive stock for online marketing.
YOGURTNEST will, only, process an order placed by a Customer upon confirmation of payment. Therefore, YOGURTNEST cannot guarantee the availability of the item until the beginning of the aforesaid order processing.
YOGURTNEST only dispatches on weekdays. The normal period of dispatch, for each of the Products, shall not exceed 6 (six) business days.
If an order is shipped by mail, or carrier (TNT, DHL, or otherwise) and the Customer is not available to successfully receive it, any additional shipping costs will be the responsibility of the Customer.
In the event that an ordered product is not available, YOGURTNEST will contact the customer in case the delivery period or price of the article changes. The order processing will only continue after consent given by the Customer.
In case of absolute unavailability of the ordered Product, YOGURTNEST may propose, to the Client, the supply of a Product of equivalent quality and price. In this case, the order processing will only continue after consent given by the Customer.
In case of absolute unavailability of the ordered Product, and impossibility of proposing a product of equivalent quality and price, or the Customer not having given its consent to the adjustment of the original order, YOGURTNEST will reimburse the amounts paid by the Customer, within a maximum of 14 (fourteen) days after notice of cancellation.
Any delay in the shipment of articles, regarding to the dates presented, does not grant the Client the right to any compensation.
11 – Cancellations, Exchanges and Returns
The Customer may cancel his order at any moment, until it has been shipped, being entitled to the reimbursement of all the amounts paid. Upon receipt of the order, the Client may exercise his right of free resolution under the terms legally established and designated below, namely, within the scope of Decreto-Lei n.º 24/2014 of February 14.
Failure to pay the order within 4 (four) days after the date of purchase implies the automatic cancellation thereof.
In accordance with the provisions of Decreto-Lei n.º 7/2004 of January 7 (with the changes conferred by Decreto-Lei n.º 62/2009, of March 10, and by Lei n.º 46/2012, of August 29. YOGURTNEST reserves the right to unilaterally cancel the order whenever there is a programming error, a malfunction of the YOGURTNEST computers, as well as the possibility that the contract proposal arrives corrupted at its destination, the error residing in an essential element of the contract.
According to the applicable Law, YOGURTNEST consents on the exchange or return (contract resolution) of purchased products, within a maximum period of 14 (fourteen) days from the date of receipt by the Client, devoid of monetary compensation and the need to state the reason.
The Customer has the right to terminate the contract without incurring any costs within 14 (fourteen) days from the day following the day: (i) in which the Customer or a third party appointed by him, other than the carrier, acquires possession of the goods or (ii) in which the Customer or a third party appointed by him, other than the carrier, acquires physical possession of the last good when the consumer has ordered several goods in a single order and the goods were delivered separately.
In order to exercise his/her right of free resolution, the Client shall communicate his/her decision to terminate the contract by means of an unequivocal statement addressed to one of the means of communication presented in Condition 1.
For the resolution period to be respected, it is sufficient that the communication concerning the exercise of the right to resolution is sent before the end of the resolution period.
In the event of contract resolution, the Customer will be reimbursed for all payments made, excluding any costs of delivery, without undue delay and in any case no later than 14 (fourteen) days after the day YOGURTNEST receives the returned products.
Refunds will be made using the same means of payment that was used by the Customer, in the initial transaction, unless otherwise agreed to by the Customer.
YOGURTNEST hereby informs that it may withhold the refund until it has received the returned goods, or until the customer presents proof of delivery of the goods, whichever occurs first.
The Client must return the goods without undue delay and no later than 14 (fourteen) days from the day on which YOGURTNEST was notified of the contract resolution, provided that it is complied with if the Customer returns the goods before 14 (fourteen) days.
If you wish to exchange products, you may contact the Yogurtnest.com Customer Support, which will provide you with all the information necessary for the exchange to be processed. In no case shall the Customer send the articles to YOGURTNEST without prior contact, since they will not be accepted.
In the return and exchange of articles the Customer must respect the following conditions:
- Return the articles in the same condition as you received them, with full original packaging and accompanied by the respective cash receipt or original invoice;
- Perishable goods that are susceptible to deterioration, or that by their nature have shelf lives shorter than the deadline provided here for return of Products will not be accepted;
- YOGURTNEST will not accept any exchange or return of personalized articles, made according to Customer’s specifications.
After contact with Customer Service and you being given the return instructions, you may send us the item, properly packed, with original packaging, for the address stated in Condition 1.
All articles will be checked upon arrival at our service and only those that respect the return conditions will be accepted for exchange or return.
It is the Customer’s responsibility to support the costs of such return, namely the shipping costs.
YOGURTNEST does not recognize the right to contract resolution in the following situations:
- Personalized Goods, made according to consumer specifications;
- Goods which, by their nature, cannot be returned or are likely to deteriorate or exceed its shelf life;
- Sealed goods which, for health and hygiene reasons, cannot be returned open;
- Goods which, by nature, are inseparable from other articles.
The following types of products are, straightaway, excluded from contract resolution:
- a) Fresh products, baby food, food supplements, and any other foodstuff.
12 – Consumer Goods Warranty
Pursuant to Decreto-Lei n.º 67/2003, of April 8, as amended by Decreto-Lei n.º 84/2008, of May 21, all products sold on www.yogurtnest.com are covered by a warranty of conformity of the goods corresponding to a period of two (2) years.
However, the application of the Consumer Goods Warranty should be adapted to the nature of the goods marketed by YOGURTNEST.
Thus, products such as fresh foods, baby foods, food supplements, and any other foodstuffs (perishable goods of limited duration, such as yogurt starter) have, necessarily, shorter shelf lives that are not covered by the scope of Decreto-Lei n.º 67/2003, of April 8.
If the purchased product proves to be defective, the Customer must notify YOGURTNEST, stating the order number and describing the malfunction. The costs of returning or collecting items, within the warranty period, will be borne by YOGURTNEST.
Upon receipt, the defected product will be checked and, in the case of any failure of conformity, it will be replaced. In this case, YOGURTNEST will replace the Product and re-send it to the Customer’s address without any additional cost.
13 – Applicable Legislation
All purchases made on the website www.yogurtnest.com are subject to Portuguese Law. Any conflict or divergence of interpretation of the General Terms and Conditions shall be submitted to the competent Portuguese Court of Law.
If you reside outside Continental Portugal, YOGURTNEST hereby notifies that any legal proceeding must be referred to the Portuguese Courts.
14 – Alternative Dispute Resolution Entities
In accordance with the provisions of article 18.º da Lei n.º 144/2015, of September 8, you are, hereby, notified that, in the event of a dispute, a User or Customer may to use the following entities:
- Centro de Arbitragem de Conflitos de Consumo de Lisboa
- Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral
- CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo)
- CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
- Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
- CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
- Centro de Informação de Consumo e Arbitragem do Porto
- Centro de Arbitragem de Conflitos de Consumo da Madeira
In the case of online consumer disputes, the consumer may also use the European Online Dispute Resolution Platform available at http://ec.europa.eu/consumers/odr