Terms and Conditions - NYASERA

1. Introduction and Acceptance

These Terms and Conditions govern access to and use of the website nyasera.com and the purchase of products through the online store. By browsing or ordering, you declare that you have read and accepted these terms, as well as the Privacy Policy, the Cookie Policy and the Returns Policy.

2. Operating Entity

Company name

Contemporary Constellation - Consultoria e Gestão Unipessoal, Lda.

NIPC (Portuguese tax ID)

516 756 583

Address

Travessa João Paulo II, 48, 4400-479 Vila Nova de Gaia, Portugal

Email

[email protected]

Brand and website

NYASERA - nyasera.com

Contacts for customer support, orders, guarantee and complaints: [email protected].

3. Purpose of the Website

The website presents the NYASERA brand, its rest and recovery platforms, accessories and advisory services, and allows the online purchase of products and the request for personalised advice.

4. Use of the Website

You must use the website lawfully, respecting the rights of third parties and the security of the system. It is prohibited to attempt to access unauthorised areas, extract data in an automated manner, introduce malicious code or disrupt the operation of the site. To purchase, you must be over 18 years of age and provide truthful and up-to-date information.

5. Informational Nature of the Content

Content on rest, recovery and wellbeing is general and informational in nature. NYASERA products are not medical devices and are not intended to diagnose, treat, cure or prevent any disease. If you have health problems, consult a qualified healthcare professional. Comfort and rest results vary from person to person.

6. Advice and Contact Requests

Requests for advice, demonstrations or contact do not constitute an order and do not bind either party. Any personalised proposal is binding only after it has been confirmed in writing by us and accepted by you.

7. Products and Information

We describe the products (dimensions, materials, components and configurations) as accurately as possible. Slight variations in colour or appearance may occur due to the screen or to batches of materials. Images are illustrative. Some items, namely the platforms and the duvets, are made to measure and others may be supplied in special configurations, which will be indicated on the product page and in the ordering process.

8. Prices and VAT

Prices are shown in euros (EUR) and include VAT at the legal rate in force, unless otherwise stated. Shipping costs and other applicable costs are indicated before the order is completed. We may change prices at any time, but the change does not affect orders already confirmed. In the event of a manifest pricing error, we reserve the right to cancel the order, with a full refund of any amounts paid.

9. Orders and Formation of the Contract

The ordering process comprises: selection of the product and options, entry of delivery and billing details, review of the summary, choice of payment method and confirmation with an obligation to pay. The contract is deemed concluded when we send the order confirmation by email. We may refuse or cancel orders due to lack of stock, manifest error, suspected fraud or impossibility of delivery, with a refund of amounts paid. You must check the details before confirming and may correct them before completion.

10. Payment

The available payment methods are shown at checkout. Payment is processed by certified payment service providers, and we do not have access to your full card details. The order is only processed after confirmation of payment or of the agreed form of payment.

11. Delivery and Installation

Delivery is made to the address indicated, in the delivery areas available at checkout. The estimated time is indicated in the purchasing process and, unless otherwise stated, does not exceed 30 days after the conclusion of the contract, except for made-to-measure products, whose time will be communicated in advance. When you receive the product, check the packaging and the condition of the product and, if there is visible damage, note a reservation on the transport document and inform us as soon as possible, ideally within 48 hours. The risk of loss or deterioration passes to you when you, or a third party indicated by you, take physical possession of the goods.

12. Right of Withdrawal

As a consumer, you have the right to withdraw from a contract concluded at a distance, without giving any reason, within 14 days after receipt of the goods, pursuant to Decree-Law no. 24/2014. There are legal exceptions, namely for goods made to measure or clearly personalised and for sealed goods which, for health or hygiene reasons, cannot be returned once opened. The conditions, procedure and model form are set out in our Returns Policy.

13. Legal Guarantee of Conformity

New goods have a legal guarantee of 3 years from delivery, pursuant to Decree-Law no. 84/2021. In the event of a lack of conformity, you are entitled, free of charge, to have conformity restored by repair or replacement, to a price reduction or to termination of the contract, as provided by law. This guarantee does not exclude or limit your legal rights. It does not cover normal wear and tear, damage caused by misuse, accident or unauthorised intervention.

14. Made-to-Measure Products

Products manufactured to your specifications (for example, made-to-measure platforms and duvets) are made after the order is confirmed. You must carefully check the measurements indicated. Under the law, these products are excluded from the right of withdrawal, without prejudice to the legal guarantee of conformity.

15. Intellectual Property

The NYASERA and OREVUM trademarks, logos, texts, images, videos, designs and other content of the website belong to Contemporary Constellation, Lda., or are used under licence, and are protected by applicable legislation. Their reproduction, adaptation or commercial use without prior written authorisation is prohibited.

16. Third-Party Links and Services

The website may integrate or link to third-party services (payments, transport, maps, social networks). We are not responsible for the content, policies and availability of those services, which are governed by their own terms.

17. Availability and Technical Operation

We seek to keep the website available, but we do not guarantee uninterrupted or error-free operation. We may suspend access for maintenance, security or updates, without prior notice where necessary.

18. Limitation of Liability

To the maximum extent permitted by law, we are not liable for indirect damages, loss of profits or loss of data resulting from the use of the website, nor for failures attributable to third parties or to force majeure. Nothing in these terms excludes or limits mandatory consumer rights, liability for wilful misconduct or gross negligence, or the producer’s liability under the law.

19. Information Submitted by Users

By sending messages or data through the website, you declare that they are truthful and that you are entitled to provide them. You must not send third-party information without authorisation, nor health data that is not strictly necessary for the advice requested.

20. Privacy and Cookies

The processing of personal data is governed by the Privacy Policy and the use of cookies by the Cookie Policy.

21. Dispute Resolution and Complaints Book

In the event of a consumer dispute, you may have recourse to an alternative consumer dispute resolution entity. The list of competent entities is available on the Consumer Portal (www.consumidor.gov.pt). We provide a Complaints Book (Livro de Reclamações) in electronic format, accessible at www.livroreclamacoes.pt. We favour direct resolution: please contact us first at [email protected].

22. Changes to the Website and the Terms

We may change the website and these terms at any time. The version applicable to each order is the one in force at the time the order is concluded. The date of the last update appears at the top of this page.

23. Governing Law and Jurisdiction

These terms are governed by Portuguese law. Disputes will be submitted to the competent Portuguese courts, without prejudice to mandatory consumer rights, including the protection afforded to you by the rules of the country of your habitual residence in the European Union.

24. Contact

For any questions about these terms: [email protected], or by post to Contemporary Constellation - Consultoria e Gestão Unipessoal, Lda., Travessa João Paulo II, 48, 4400-479 Vila Nova de Gaia, Portugal.