1. Commercial Policy
1.1 The “Vendor” Marketing Has A Gun, Unipessoal Lda has products for sale on newaist.com, and the “e-commerce” services are available exclusively to end-users / “consumers”.
1.2 The “Consumer” is an individual who acts/purchases outside their business or profession. If you are not a “consumer” we ask you not to make purchases on the newaist.com online sales site.
1.3 Marketing Has A Gun, Unipessoal Lda reserves the right not to process orders received from users who are not “Consumers” or those who are not as per the general conditions of sale of the Marketing Has A Gun, Unipessoal Lda
1.4 These general terms and conditions of sale exclusively regulate the offer, transmission and acceptance of orders placed at newaist.com between the Newaist (newaist.com) consumers and the vendor.
1.5 The “Consumer” must give the “Vendor” an email address or the details of another form of contact that are correct and complete and accept that the Vendor can contact them using these details if necessary.
2. Right not to accept the order or cancel the purchase
The vendor may not process orders that 1) do not have guaranteed payment, 2) when orders are incomplete or incorrect or 3) if the ordered products are no longer available. In such cases, we will inform you by email that the sales contract has not been made and that we have not proceeded with the sale, specifying the reasons.
If the products presented in the online shop (newaist.com) are no longer available at the time of your last access or when we receive the order, we must inform you of their unavailability within 30 days after receipt of the order.
If an order has been placed and payment has been made for products that are no longer available, we will refund the money for the unavailable items.
Newaist reserves the right to refuse any order for any reason. We also reserve the right to cancel any purchase, even if it has already been accepted by us, (among others) in the following situations, without liability for any damages or costs:
- The product is no longer available / in stock (payments will be refunded);
- The billing information is not correct or cannot be checked;The order is flagged by our Security Systems as an incorrect order or is susceptible to fraud;
- We have not received a payment transfer for your order within 5 days of accepting your order;
- It is not possible to deliver to the address provided.
After receiving the order, we may run some checks on it before we prepare it.
These checks can include address verification, credibility and fraud verification. Regarding fraud verification, we perform partially automated checks on all orders to filter unusual, suspicious or transactions identified as susceptible to fraud. Suspicions of fraud will be investigated and, if necessary, prosecuted. By confirming your request, you agree to these conditions.
3. Warranties and Indication of Product Price
3.1 Methods of Payment
You can find the available payment methods in payment methods page. We do not accept any other payment methods than those mentioned. Please do not attempt to pay by any means other than those specified. If you do, we cannot be held liable for the loss of payment or any other damage that may result.
3.2 Payment processing
If you pay by Credit Card, we will deduct the amount due from your account as soon as we accept the order. In the case of Credit Card payment, all details (e.g. card number or expiry date) will be sent by encrypted protocol to the company providing the remote electronic payment services, without third parties being able to access the information.
This information will not be used by Newaist except to carry out the procedures needed for the purchase or charge back, in case of a return, as per the exercise of the right of return or for reporting fraud cases to the police.
4. Order security
The newaist.com store uses one of the most robust security technologies among the encryption platforms available.
Although we use encryption software, the security of information and payments transmitted over the Internet or via email cannot be guaranteed.
Newaist shall not be liable for any damages suffered as a result of the use of electronic means of communication including, but not limited to, recurring damages from failures or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for communications or virus transmissions.
Payments can only be processed if the information to be used for invoicing can be checked.
5. Reservation of ownership
Newaist owns the company’s products until it has received full payment for all these products.
6.1 The prices of the products displayed on the site include Value Added Tax (VAT).
6.2 All prices are quoted in euros.
6.3 Your total price
The total price specified in the final checkout menu includes taxes and shipping costs (unless it’s free shipping). Prices are quoted at the time of order confirmation, which you can print or download for future use. Please pay only the exact amount specified in the order confirmation and make individual payments per order.
6.4 Price changes
The prices of the products presented on the site are subject to change. Newaist reserves the right to change prices without prior notice. The prices shown at the time of purchase are the prices applied to that purchase.
6.5 Price errors
Please note that even though the website is updated with extreme care, the price information on the website may contain errors. Newaist is not bound to the offer and reserves the right to cancel your order should such an error occur.
7. Quality and warranty
The products offered at newaist.com may not exactly match the actual appearance in terms of image and color, due to the Internet browser and monitor used.
If you return purchased products, Newaist has the right not to accept the return of products that have been altered from their original condition or damaged.
8. Shipping and delivery
8.1 Free Shipping
We are proud to offer free shipping worldwide on all orders.
8.2 International Shipping
We are proud to offer international shipping services. However, there are some locations we are unable to ship to. If you happen to be from one of those countries, we will contact you.
8.3 Shipping Time
Shipping time varies by location but it is normally between 10 and 30 business days.
Maximum delivery time is 40 business days. We promise your money back if the items are not delivered within this maximum delivery time. For that to happen, please feel free to apply for the refund by sending us an e-mail to our customer service e-mail address email@example.com within 14 days after the maximum delivery time. Such refund will be credited to the same means of payment used when placing the affected order within 15 business days.
We are not responsible for any custom fees once the items have shipped. By purchasing our products, you consent that one or more packages may be shipped to you and may get custom fees when they arrive to your country, although it is not frequent. The taxes may depend on where your order was sent from, the type of items you bought, their value and the weight of the package. Different countries may have different tax policies regarding specific products.
Customs duties and taxes are never covered by Newaist.
8.5 Separate packages for multiple products
For logistical reasons, if you purchase more than 1 item, they may be sent in separate packages. Therefore, they are likely to arrive on different days.
9. Returns, Refunds, Exchanges
9.1 Order cancellation
If your order has been paid and you need to cancel it, please contact us to firstname.lastname@example.org within 12 hours and we will contact the warehouse in order to validate if it is still possible to cancel your order (in case your package has not yet been shipped). We will reply to you as soon as we have the confirmation.
If the order has already been shipped, we cannot cancel it. However, you can return the items after receiving them.
I want a refund because I didn’t receive the items.
Your satisfaction is our first priority. We want you to shop with confidence. That’s why we do our best to ensure you’ll receive your item on time and as described. However, if due to circumstances outside of our control this doesn’t happen, we promise your money back. If your items are not delivered within the maximum delivery time of 40 business days, please feel free to apply for a refund by sending us an e-mail to email@example.com within 14 days following the maximum delivery time. Please attach the receipt or proof of purchase when sending the e-email. We will refund you to the same means of payment used when placing the affected order within 15 business days from your request date.
Full refunds are not available under the following circumstances:
- your order does not arrive due to factors within your control (e.g. providing the wrong shipping address)
- your order does not arrive due to exceptional circumstances outside our control (e.g. not cleared by customs, delayed by a natural disaster).
I want a refund because the items received are not as described or are damaged and/or defective.
In case the item is not as described in product page or they are damaged and/or defective, please feel free to apply for a refund by sending us an e-mail to firstname.lastname@example.org within 14 days following the delivery of your order. In the e-mail, please attach the receipt or proof of purchase and kindly send us photos of the item as well as a description of discrepancies between received product and its description. Depending on the situation, we might ask you to send back the item(s) to us. In that case, we will afford the return shipping costs. Upon confirmation from our side, we will refund you to the same means of payment used when placing the affected order within 15 business days.
I want a refund because I don’t like the items / the product doesn’t fit right / I ordered the wrong size.
If for any other reason, you are not satisfied with your order, you can return purchased products within 14 days after receiving them. Please feel free to apply for the refund by sending us an e-mail to email@example.com within 14 days following the delivery of your order. After sending us an e-mail you will receive all the instructions to return the package. If the items are shipped back within this timeframe, we will refund you to the same means of payment used when placing the affected. No questions asked!
Refund will be made to you once we confirm receipt of your returned parcel which meet the conditions for reimbursement. We will accept refunds as long as items are unused, unwashed and in their original condition – complete with the original packaging, tags, etc.
In this case, you might have to afford return shipping costs, depending on which country you are. You will let you know as soon as you send us an e-mail.
For any other issue regarding refunds, please feel free to contact us: firstname.lastname@example.org
If for any other reason, you are not satisfied with your order, you can exchange the purchased products within 14 days after receiving them. Please feel free to ask for an exchange by sending us an e-mail to email@example.com within 14 days following the delivery of your order. In the e-mail, please attach the receipt or proof of purchase as well as the reason for the exchange. We will let you know by e-mail how to proceed (including the return address).
We will accept exchanges as long as items are unused, unwashed and in their original condition – complete with the original packaging, tags, etc.
Please do not send your package back to us until we confirm to do so. We will not be responsible for packages returned to the wrong address.
10. Customer support
For further information, you can contact the vendor by email to firstname.lastname@example.org.
All orders placed on the site are subject to availability. Newaist tries to ensure that all items offered for sale on the site are in stock. However, Newaist reserves the right not to accept any orders or cancel orders already confirmed for products that are no longer in stock. In such cases, Newaist will inform the customer of this fact and refund the amount paid.
12. Special Offer Validity
Website offers are valid only for the time they are displayed on the website unless otherwise stated. Newaist is not bound by any offer if there are errors or misspellings, wrong prices or other errors in the information on the website. Newaist reserves the right to cancel any purchase and sale made under such errors.
Newaist shall only be liable for damages suffered by the Customer if such damages result from violations of Newaist’s contractual obligations towards the Customer, or if Newaist’s liability results from the applicable legal law.
14. Applicable law
These general conditions and all disputes arising in connection with these general conditions, including their validity, the use of the site or any purchase therein shall be governed by Portuguese law.
15. Amendment of Terms & Conditions
Newaist has the right to change these Terms & Conditions at any time. The user is subject to the principles and the Terms & Conditions in force when the order is placed, except if the law or competent authority imposes any alteration to them.
16. Information on the site
Although Newaist works with great care on its website, the information, text, graphics, films, music and/or other services may contain errors or be incomplete or incorrect.
Newaist shall not be liable for any damages resulting from the use (or inability to use) the website, including damage caused by viruses or any inaccuracy or imperfection of the information.
17. Alternative dispute resolution
Alternative dispute resolution is available to all consumers. These are official bodies to help them resolve, or guide, any conflict. The Online Dispute Resolution website is an official website run by the European Commission dedicated to helping consumers and traders resolve their disputes out of court: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Clients who are defined as consumers by Law 144/2015 and who have entered into purchase and sale and/or service contracts have the right to resort to official entities to help them in the resolution of any conflict regarding such contracts, without prejudice to resorting to the Courts. The updated list of Alternative Dispute Resolution entities available under article 17 of Law No. 144/2015 of 8 September is available from the Consumer Portal, accessible through www.consumidor.pt.
For more information, you may also consult Law 144/2015. For further information, to settle disputes arising from online purchases, you may use a resolution system, called “ODR Platform – Online Dispute Resolution/ RLL”, created by the EU.
In any case, you may contact one of the centres below.
Alternative dispute resolution entities:
CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
Centro de Arbitragem de Conflitos de Consumo de Lisboa
Centro de Informação de Consumo e Arbitragem do Porto
Centro de Arbitragem de Conflitos de Consumo do Vale do Ave
European online platform for resolution of disputes