Scope and Purpose of the General Terms of the Store
The contractual relationship between COTTON DREAM and the Customer, as well as the use of the online store of COTTON DREAM, Lda., located at Rua José António Serrano, nº 5, 1150-199 LISBON, Portugal, with VAT number 516 168 592, and a share capital of 10,000 euros, hereinafter referred to as COTTON DREAM, is governed by these terms and conditions and by the forms filled out by the Customer at the time of the order.
COTTON DREAM offers products to the Customer, which can be purchased through electronic ordering at the Online Store address https://cottondream.pt, where all legally required information regarding each product is provided.
These Terms and Conditions and the contractual relationship between COTTON DREAM and the Customer are governed by Portuguese law, namely by Decree-Law No. 84/2021 of October 18, Decree-Law No. 24/2014 of February 14, Decree-Law No. 7/2004 of January 7, Law No. 24/96 of July 31, and Law No. 144/2015 of September 8.
Responsibilities
All products sold in the COTTON DREAM Online Store comply with Portuguese law and the norms of the European Union.
The Store has appropriate security levels; however, COTTON DREAM will not be responsible for any damages suffered by the Customer and/or third parties due to delays, interruptions, errors, and suspensions of communications originating from factors that are not the responsibility of COTTON DREAM, namely deficiencies or failures caused by the communications network or communication services provided by third parties, the computer system, modems, connection software, or potential computer viruses resulting from downloading infected files or those containing viruses or other properties that may affect the Customer’s equipment.
COTTON DREAM is not responsible for damages or losses arising from non-compliance or defective compliance when such non-compliance or defect is not directly or indirectly attributable to it due to intent or gross negligence, and is not liable for (i) damages caused by the fault of the Customer or third parties, including violations of intellectual property, (ii) non-compliance or defective compliance resulting from force majeure situations, i.e., extraordinary or unpredictable situations, external to COTTON DREAM and which cannot be controlled by it, such as fires, power outages, explosions, wars, riots, civil unrest, governmental decisions, strikes, earthquakes, floods, or other natural disasters, or other uncontrollable situations preventing or hindering compliance with the obligations undertaken.
COTTON DREAM does not guarantee:
i) that the Online Store will be available continuously, that it is inviolable, free of errors, or functions indefinitely;
ii) the damages caused to the Customer’s computer system and equipment or any loss of data resulting from operations resulting from the use of the site or material obtained in any way through the use of the site, as its use is at the Customer’s own risk.
The Customer agrees that COTTON DREAM cannot be held responsible for any damage, including but not limited to loss of profits, data, content, or any other losses (even if previously warned by the Customer about the possibility of such damages), resulting from:
i) the use or inability to use the Online Store;
ii) the difficulty in obtaining any substitute for the ordered product(s);
iii) access to or modification by unauthorized third parties to personal databases.
Obligations of the Consumer
The Customer agrees to:
i) Provide true personal data, including correct and complete addresses;
ii) Not use false identities;
iii) Respect the order limits imposed.
If any of the data is incorrect or insufficient, and for this reason, there is a delay or impossibility in processing the order and/or delivery, COTTON DREAM is not responsible for the impossibility or delay in delivery.
If the Customer violates any of the obligations mentioned above, COTTON DREAM reserves the right not to process future purchases, block the Customer’s access to the store, and/or cancel other orders from the same Customer.
The use of purchased products for commercial purposes, namely for the resale of goods, is expressly prohibited.
Intellectual Property
The Store is a registered website, and the service provided through the site is the responsibility of COTTON DREAM.
The Customer acknowledges that the site contains confidential information and is protected by copyright and related rights, industrial property, and other applicable legislation.
The Customer acknowledges that any content in advertising, highlighting, promotion, or mention of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws, and other property protection laws, and that any use of these contents can only occur under the express authorization of the respective holders.
The Customer agrees to fully respect the rights referred to in the previous paragraph, abstaining from performing any acts that may violate the law or such rights, such as reproduction, marketing, transmission, or making these contents publicly available or any other unauthorized acts concerning the same contents.
Service Security Conditions
The Customer agrees to observe all applicable legal provisions, namely, not to perform or promote the practice of illegal or offensive acts against good customs, such as sending unsolicited communications (spamming) in violation of the provisions of applicable legislation on personal data processing and advertising communications through automatic calling devices, and must also observe the rules of use of the Online Store, under penalty of COTTON DREAM taking the aforementioned measures it deems appropriate. If COTTON DREAM detects any illegal or offensive act, it will proceed to immediately block the Customer in question.
The Customer expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network likely to be used by multiple users and, as such, subject to computer overloads, so COTTON DREAM does not guarantee the use of the Online Store site without interruptions, loss of information, or delays.
COTTON DREAM also does not guarantee the maintenance of the Online Store’s operation in situations of unpredictable overload of the systems on which it is based or in cases of force majeure (extraordinary or unpredictable situations external to COTTON DREAM that it cannot control).
In the event of an interruption in the use of the Online Store due to unpredictable system overloads, COTTON DREAM undertakes to regularize its operation as soon as possible.
Suspension and Deactivation of the Store Service
Regardless of any prior or subsequent communication, COTTON DREAM may, at any time, and at its sole discretion, discontinue the products available in the Online Store. In the event of discontinuation of product availability, COTTON DREAM will inform Customers if pending orders will be fulfilled. If it is impossible to fulfill pending orders, Customers will be reimbursed by the means provided for in these Terms and Conditions.
COTTON DREAM also reserves the right to suspend or immediately terminate the Online Store in the following cases:
a) When the Customer does not observe the terms of use referred to in these Terms and Conditions;
b) When COTTON DREAM intends to deactivate the Online Store, by notifying with 15 days’ notice prior to the deactivation date.
The suspension or termination of the Online Store by COTTON DREAM, under the terms of the previous paragraphs, does not entitle the Customer or third parties to any indemnification or other compensation, and COTTON DREAM cannot be held responsible or burdened in any way for any consequences resulting from the deactivation of the Online Store.
In the situations described above, COTTON DREAM will notify the Customer of the expected date for the deactivation of the Online Store, so that the Customer can, if desired, safeguard the content of their order viewing area within 3 (three) working days from the sending of the email or availability of information on the Online Store’s main page.
Communications
Without prejudice to other forms of communication provided in these terms and conditions, notifications to the Customer related to orders or contacts made through the Online Store, including any changes to these General Conditions, may be made to the Customer’s email address, by SMS, or by phone. The Customer agrees to receive all communications and/or notifications related to the Online Store, to the address, contact phone, and/or email address provided in the ordering process.
At any time, the Customer can request not to receive these communications and/or notifications through the Contact Form.
Technical Settings
Without prejudice to the provisions of the following paragraph, COTTON DREAM may change the technical conditions of the Online Store, namely whenever such change proves convenient to adapt it to any technological developments, as well as the respective usage rules, and must inform the Customer of such changes with a minimum advance notice of 15 (fifteen) days.
The version in force at any time of these terms and conditions and their annexes is available at the website www.cottondream.pt.
Whenever COTTON DREAM deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.
COTTON DREAM does not guarantee, however, that the Customer will receive any upgrades or improvements in the Online Store.
Some upgrades or new functionalities of the Store may only be available for a fee and/or by the Customer subscribing to Specific Conditions of use.
Complaints / Alternative Dispute Resolution
The Customer may submit any contractual conflicts regarding acts and omissions that violate the applicable legal provisions for the acquisition of goods:
a) to arbitration and mediation mechanisms that are legally established, as provided in https://www.consumidor.gov.pt/parceiros/sistema-de-defesa-do-consumidor/entidades-de-resolucao-alternativa-de-litigios-de-consumo/ral-mapa-e-lista-de-entidades.aspx.
b) through the Online Dispute Resolution Platform (ODR), available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PT.
c) by making a complaint in