Terms and Conditions

 

The website 4NIGHTS.COM , with address at Rua Joaquim Augusto de Aguiar n5, Benedita - Portugal. 4nights mail address is global@4nights.com.

 

When you place an order at 4nights you are accepting the Terms and Conditions presented on this page.

 

1. GENERAL ASPECTS

1.1 The present Terms and Conditions of the Website (hereinafter referred to as the "Terms and Conditions") establish the rules governing the contract for the purchase and sale of goods made through the online sales platform called 4nights, hereinafter referred to as the "Contract", and contain the pre-contractual information that 4nights users must know prior to entering into a Contract. The above mentioned platform is accessible to the public through the website 4nights.com,  (hereinafter referred to as "4nights"). The Terms and Conditions also establish the rules and the website's use and privacy policy.

 

1.2 By accessing the 4nights online store the respective user (hereinafter "User" and "Registered User") agrees to respect and comply with these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you must refrain from using 4nights and from making any purchase through the website; in case of doubt, you may contact the Customer Service through the contact form available at the website's Help Center at global@4nights.com .

 

1.3 The website aims to promote online sales of fashion items, namely footwear and accessories, henceforth "Products", which are marketed by 4nights.

 

1.4 4nights is responsible for managing the commercial relationship with the person who purchases the Product (hereinafter "Client"). Any sales of Products made through the website are considered, for all intents and purposes, made and concluded between 4nights and the Client.

 

2.CONTRACT FOR THE PURCHASE AND SALE OF PRODUCTS

2.1 Ordering: To purchase any Product(s), the Customer must place an order on the website and follow the online ordering procedure in the FAQ "How can I place an order at 4nights", available at global@4nigths.com

 

2.1.1 In addition to the pre-contractual information contained in these Terms and Conditions, during the ordering process the Customer is also provided with the following information on the Product(s) he wishes to purchase :

a) Essential characteristics of the Product(s), including brand, model, size and colour;

b) Total price, including tax due, and, if applicable, delivery charges to be borne by the Customer;

 

2.1.2 During the order process you may at any time consult the Terms and Conditions and the Free Contract Termination Form.

 

2.1.3 You can only place an order on the website if you are over 18 years of age. Purchases through the website may only be made by persons who are of legal age or who are emancipated and have full capacity to exercise rights. The conclusion of the Contract depends on the Customer's declaration that he/she is legally entitled to conclude contracts for the purchase and sale of Product(s) and that all information provided by him/her is true and correct.

 

2.1.4 By placing an order on the Website you automatically declare that you have read and accept the Terms and Conditions of our service presented here.

 

2.1.5 To finish placing the order, the Customer must click on the button "Complete Order", thus acknowledging that the order placed by him/her implies an obligation to pay and proceed to pay for the Products you wish to purchase through one of the available methods, following the respective payment instructions.

 

2.1.6 The Information on the Product(s) and the Terms and Conditions and the documents mentioned therein, including the Free Resolution Form, are part of the Contract.

 

2.2 Order Confirmation. After the order has been placed correctly, an email containing the order confirmation is sent to the email address provided by the Customer. This email address shall include the number that was assigned to the order, the respective placement date, Information on the Product(s), the delivery address given by the Customer and the method of delivery and means of payment selected by the Customer. By sending the Confirmation Email to the Customer, the Contract will be deemed to have been concluded. The receipt of payment will be delivered to the Customer on paper together with the Product; a digital copy of this receipt will also be made available to the Customer in the "customer area". Should the Customer wish to obtain a second copy of the payment receipt, he/she should address his/her order directly to 4nights using the contact form at global@4nights.com.

 

2.3 Geographical Constraints. Orders placed on 4nights.com can be delivered ~by requested at global@4nights.com

 

2.4 Reserved Area. The creation of an account with reserved area can be done at any time. To create the account are requested: name, email and address.

 

 

3. ORDER CANCELLATION

3.1 An order for a Product placed on the Website may be cancelled in one of the following situations:

a) Unavailability of the Product;

b) Customer does not pay the amounts due from it in accordance with the Contract;

 

3.2 Cancellation of the order will result in automatic termination of the Contract.

 

3.3 The cancellation of the order is communicated to the Customer via email sent to the email address provided by the Customer, as soon as possible and within 14 (fourteen) days from the date of sending of the Confirmation Email.

 

3.4 In the event of cancellation of an order due to unavailability of the Product, the Customer shall be refunded the payment(s) made, including delivery costs, in the event that the Customer has borne them. The refund will be made without undue delay, at the latest within 14 days from the date of dispatch of the Confirmation Email, otherwise the provisions of Clause 8.1.4 below shall apply.

 

3.5 With the exception of the provisions of Clause 3.4 above, in the event of cancellation of the order and termination of the Contract, the Customer shall not be liable for any amounts whatsoever, including interest, damages or compensation.

 

3.6 If the Customer places an order for two or more Products and any Product(s) is (are) not available, the Customer may choose to withdraw the order placed (hereinafter "Full Withdrawal") or to maintain the order for the Product(s) that are available (hereinafter "Partial Withdrawal"). The Customer shall be refunded all payments made by him/her in the event of a Total Withdrawal or the payment(s) made in respect of the Product(s) that are unavailable in the event of a Partial Withdrawal. In either case, reimbursement shall be made without undue delay, no later than 14 days from the date on which the Customer's decision is received, otherwise the provisions of Clause 8.1.4 below shall apply

 

4. SELLING PRICE OF THE PRODUCTS

4.1 The selling price of each Product is determined by 4nights.com and may be freely changed at any time; changes in the selling price of the Product do not affect the order whose receipt and acceptance has already been confirmed to the Customer under the terms of Clause 2.2 above.

 

4.2 To the sales price indicated shall be added, when due, the costs of delivery of the Product.

 

4.3 The selling price of the Product is set in EURO; any payments due from the Customer shall be made in that currency.

 

4.4 The sale prices of the Products are those presented, unless an error has occurred in their indication detected by 4nights.com until the delivery of those to the Customer. In this case, the Customer is immediately contacted via email sent to the email address provided by you. The Customer may choose to keep his order at the correct price or cancel it. In the event of cancellation of the order or absence of a response from the Customer for a period longer than 10 days, the Customer will be refunded all payments made, including delivery costs, when the Customer has borne them, the Contract being considered terminated. The refund shall be made without undue delay, at the latest 14 days from the date on which the Customer's decision of cancellation is received or the absence of a response from the Customer is verified under the above terms, the other provisions of Clause 8.1.4 below applying.

 

5. METHODS OF PAYMENT

5.1 The Website provides the Customer with the following means of payment: credit card (Visa, Mastercard, American Express) and Apple Pay.

5.1.1 With regard to payments made by credit card, by clicking on "Pay", the Customer acknowledges that he is the legitimate owner of the credit card used to make the payment and that he authorises the payment order, under the terms in which it was presented by the website.

5.2 Any payments made by the Client shall be made to a bank account held by João Vinagre accordance with the powers of collection granted to 4nights.com in respect of sales of Products made through the website 4nights.com.

 

6. DELIVERY OF PRODUCTS

6.1 Order delivery options and delivery times will be made available during the process of purchasing the Products and before payment is made.

 

6.2 The options available may vary according to the geography desired for the delivery of the Products.

 

6.3 All custom and duty taxes as well as any handling fees incurred are the customer’s responsibility.

 

7. PRODUCT INFORMATION

7.1 We make every effort to ensure that the information about the Products presented on the website (hereinafter "Information") is complete, accurate and correct.

7.2 Photographic images of the Products used on the Website are made with high quality in order to obtain a faithful reproduction of them. However, the Client may find differences in the Products, namely due to the colour settings of the device used by the Client to access the Website, the colours displayed may differ from the actual colours of the Products. 4nights.com shall be liable for any damages suffered by Customer as a result of the differences between the Products and the photographic images of the Products.

 

7.3 If the Customer wishes to obtain additional information about the Products, the Customer should contact the Customer Service of the website through the contact form available in the Help Center or through the email global@4nights.com.

 

8. RETURNS & EXCHANGES

8.1 Returns - You will have 14 days from the date of delivery of the order to change your mind and return your item.

8.1.1 A defective Item is an Item that doesn’t fulfil with the Contract terms, according to the law in force.

8.2 If an address is invalid or has missing information and the carrier is unable to deliver your package, or the order is refused by the customer at time of delivery, returned-to-sender or refused packages will be restocked and customers will be issued a refund back into the original method of payment. Shipping Costs are not refunded in these cases.

8.3 It is the customer’s responsibility to return orders.

8.4 All refunds will only be processed once the item reaches global@4nights.com and it is in perfect conditions.

 

 

9. PERSONAL DATA

9.1 The Client's personal data collected by global@4nights.com. will be handled in strict compliance with and respect for applicable legislation.

9.2 In order for the Client to be aware of the general privacy and data processing rules that we collect and process under the Agreement, an integral part of these Terms and Conditions is the website Privacy Policy, which includes the rules applicable to the use of cookies and information storage and access mechanisms, and which can be accessed at global@4nights.com/policies/privacy-policy. Please read the Privacy Policy carefully before making any purchase through the website.

 

10. INTELLECTUAL PROPERTY

10.1 The Client expressly states and acknowledges that the contents, designs, photographs, software, know-how, domain names, trade names, logos, trademarks, designs and models and any other intellectual property rights, whether registered or not, existing or used on the website or related to its exploitation are the exclusive property of 4nights; for more information, please read the website's Privacy Policy, available at www.4nights.com/policies/privacy-policy.

 

11. FORCE MAJEURE

11.1 global@4nights.com or the Client shall not be liable for failure to perform its obligations if the failure is caused or results from an event of force majeure as defined below.

11.2 "Force majeure" means an event that prevents either party from fulfilling its obligations, is beyond its control and cannot be avoided by a diligent contractor in particular:

a) Acts of war or terrorism, revolutions, riots, blockades, insurrections and civil uprisings;

b) Acts of sabotage and vandalism;

c) earthquakes, typhoons, tornadoes and cyclones, storms, fires, floods, or other extreme weather or environmental conditions, meteors, shock waves caused by air devices, explosions, chemical or radioactive contamination;

d) any act of public authority (legislative, administrative, judicial or other), provided that it is not attributable to the defaulting party;

e) any other event that the parties recognize by agreement as being force majeure.

11.3 The defaulting party shall immediately notify the non-infringing party of the occurrence of the event of force majeure, providing reasonable evidence of such occurrence, and take all necessary measures to limit or restrict the adverse effects of the event of force majeure.

 

12. APPLICABLE LAW AND JURISDICTION

12.1 The contractual relations between 4nights and the Client are governed by Portuguese law and submitted to the jurisdiction of the Portuguese Courts.

 

13. SUGGESTIONS, COMPLAINTS AND ALTERNATIVE RESOLUTION OF CONSUMER DISPUTES

13.1 When the Customer wishes to make any suggestion or complaint, namely regarding the services provided or Products purchased through the website, he/she should use the contact form available at the Help Center or the email global@4nights.com.

13.2 In the event of a dispute whose resolution is not obtained by agreement between the parties, the Customer, as a consumer, may resort to the European online dispute resolution platform, accessible at https://ec.europa.eu/consumers/odr.

 

14. MISCELLANEOUS

14.1 The headings of the clauses or their paragraphs have been included for convenience only and do not affect the interpretation of the Terms and Conditions.

14.2 Terms and expressions defined in the singular or plural may be used respectively in the plural or singular without changing their meaning.

14.3 Should any provision of the Terms and Conditions be declared, in whole or in part, void or in any way invalid, unenforceable or unenforceable, such invalidity, ineffectiveness or unenforceability shall not affect the validity of the remaining provisions or the continuation of the contractual relations.

 

LAST UPDATE

Effective: October 12th, 2022. 4nights.com reserves the right, unilaterally, to revise and modify these Terms and Conditions.