Terms & Conditions

Effective from 1 January 2020.
 

1. Object and Scope

1.1. These General Conditions are intended to regulate the terms and conditions of the Online Store “HEMERA”, by HEMERA - COMÉRCIO DE COLCHÕES, SOCIEDADE UNIPESSOAL LIMITADA, with headquarters at Rua Comendador Álvaro Rola 140, Ovar, and with the Identification Number of Legal Person 515528110, hereinafter referred to as "HEMERA".

1.2. The “HEMERA” Privacy Policy is an integral part of these General Terms and Conditions. Acceptance of the Terms and Conditions implies acceptance of the Privacy Policy.

1.3. The Service consists of making available, through the access address to the Online Store “HEMERA” - www.hemera-colchão.com; www.hemera-colchon.com; www.hemera-mattress.com; and www.hemera-matelas.com -, of a set of products, allowing the Customer, electronically, to order the products disclosed therein, under the terms and conditions described here.

1.4. The elements and information transmitted by the Client will enjoy full legal effects, recognizing the Client's electronic purchases, and the Client cannot claim the lack of signature for non-compliance with the obligations assumed.

2. Product and Content Information

2.1. All the Product and Content Information, namely the technical description of the products, the prices, the promotional campaigns and other information, correspond to the truth.

2.2. "HEMERA" will take all measures to ensure that the Product and Content Information presented does not contain errors, and will be quickly corrected whenever they occur

2.3. "HEMERA" reserves the right to change, at any time, all information on prices, products, specifications, promotional actions and services provided.

3. Prices and Shipping Costs

3.1. All prices shown in “HEMERA” are in Euros (€) or Swiss Francs (CHF) and include all legal taxes in force.

3.2. "HEMERA" offers a set of payment methods that can be consulted on the home page and on the order checkout page.

3.3. Shipping costs for purchased products are borne by "HEMERA", except as provided in the following point.

3.4. Orders shipped outside the European Union may be subject to additional charges, which will be duly transmitted to the Customer prior to any collection.

3.5. In the event that there is a computer error, typographical, or otherwise, which results in the presentation of incorrect prices, “HEMERA” reserves the right to cancel all orders placed in that period, returning any amount paid by the Client, this being previously informed of the entire process.

4. Shipping and Delivery

4.1. Only order products whose price has been paid in full and after confirmation of good collection will only be dispatched and delivered through the means made available and displayed on the websites www.hemera-colchao.com; www.hemera-colchon.com; www.hemera-mattress.com; and www.hemera-matelas.com.

4.2. The purchased products will be delivered, unless there is an event that makes it impossible, within the time period indicated to the Customer at the time of order completion, never exceeding 30 days. At the end of this period, if the order has not been delivered to the address indicated, the Customer may terminate the contract, accompanied by the return of the full amount paid, being previously informed of the entire process.

4.3. "HEMERA" is only responsible for delays or postponements in the dispatch and delivery of orders that are directly attributable to it. In the event of any delay or postponement in the shipment and delivery of the order, "HEMERA" is responsible for contacting the Customer, informing him of the status of the entire process.

5. Consumer Obligations

5.1. The Client undertakes to provide the requested data, in a complete and truthful manner.

5.2. If any of the data is incorrect or is insufficient and, for this reason, there is a delay or impossibility in the processing of the order, or eventual non-delivery, the responsibility lies with the Client, and “HEMERA” declines any responsibility. In the event that the Customer violates any of these obligations, “HEMERA” reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available by “HEMERA” simultaneously to the same User and, even , do not allow the future access of the Client to any or any services made available by “HEMERA”.

5.3. It is expressly forbidden to use the products and services acquired for commercial purposes, namely for the purposes of resale of goods.

6. Order Cancellation

6.1. At the request of the Client, the Client may cancel his order by requesting it from "HEMERA", which will be accepted as long as it has not yet been processed. After processing, "HEMERA" will deliver and the Customer will proceed with the return, in accordance with Point 7.

6.2. By decision of "HEMERA", this reserves the right not to process orders, when it finds any inconsistency in the personal data presented or observes misconduct on the part of the buyer. "HEMERA" reserves the right not to process any order, in the event of errors in the values ​​and / or characteristics of the products, when they arise from technical problems or errors beyond "HEMERA".

7. Right of Withdrawal

7.1. The Customer can exercise the right of withdrawal, without requiring any compensation, within 14 (fourteen) days from the day the consumer acquires physical possession of the asset, that is, from the moment it receives the good at the address indicated.

7.2. To exercise this right, the Client must request it and wait for “HEMERA” to contact him in order to proceed with the return process.

7.3. The packaging must be returned complete, as it was delivered and accompanied by all documentation received, either virtual or physically.

7.4. Upon receipt of the order returned at the premises of "HEMERA", the amount corresponding to the amount paid for the order will be returned to the Customer. If you used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.

7.6. In the absence of any of the components of the item sold or, if any of them are not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the initial shipping address.

8. Trial Period

8.1. “HEMERA” has a 100 (one hundred) day trial period available for the Hemera Mattress. At the end of this period, and if the Customer is not satisfied with the quality of the product offered, he should contact “HEMERA”, within a maximum period of 5 days after the end date of the test period.

8.2. The Client will not be able to invoke this clause between the 14th (fourteenth) day and the 100th (hundredth) from the receipt of the item at the address indicated in the Invoice.

9. Warranty

9.1. All products available at "HEMERA" are duly certified by the competent international entities.

9.2. The products have a warranty period defined by the manufacturer, which, under legal terms, is at least 2 (two) years. This period is considered from the date of the equipment invoice and can only be exercised upon presentation of the Invoice.

9.3. Products that have passed the period defined by the manufacturer or have defects caused by abnormal wear, improper installation, bad weather, electrical discharges, negligence or accidents, mishandling, infiltration of moisture/liquids, use of non-accessories are considered out of warranty conditions. technical interventions by unauthorized personnel.

9.4. If the product is damaged, and if it is covered by the warranty, the Customer must contact “HEMERA” to start the process.

10. Suspension and deactivation of the Online Store

10.1. Regardless of any prior or subsequent communication, "HEMERA" may, at any time, and in its sole discretion, discontinue the provision of the Service and / or part of the Service to one or all Customers.

10.2. “HEMERA” further reserves the right to suspend or terminate access to the Service immediately, in the following cases:

  • When the Customer does not observe the conditions of use referred to in the General Conditions;
  • When “HEMERA” ceases access to the Store, by giving 15 days prior notice of the termination date.


10.3. The suspension or termination of the Service by “HEMERA”, under the terms of the previous numbers, does not matter the right of the User or third parties to any compensation or other compensation, and “HEMERA” cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension, cancellation, cancellation of the Service.

10.4. In the situations described above, "HEMERA" will inform the User, previously so that he can, if he wishes, to safeguard the contents of his order viewing area within 3 (three) working days from the sending of the e-mail or making information available on the Service's main page.

11. Communications

11.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the Customer that relate to the Service, including any changes to these General Conditions, may be made to the Customer's email address.

11.2. The Customer agrees to receive any and all communication and / or notification related to the Online Store, to the e-mail address (“email”) indicated in the registration process, or to any other means indicated in the context of the contractual relationship.

11.3. At any time, you can request the non-receipt of these communications and / or notifications through the Customer Support area or through the non-subscription option registered in each Newsletter.

12. Technical Settings

12.1. Without prejudice to the provisions of the following number, "HEMERA" may change the Service and / or the technical conditions for providing it, as well as the respective rules of use, and must disclose to the Client such changes at least 15 (fifteen) in advance days.

12.2. The version at all times in force of these General Conditions and its annexes is available on the electronic websites www.hemera-colchao.com; www.hemera-colchon.com; www.hemera-mattress.com; and www.hemera-matelas.com.

13. Navigation

13.1. Whenever “HEMERA” deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it can remotely reformulate network settings.

13.2. Without prejudice to the provisions of the following numbers, and taking into account the innovative nature of the Service and the technological developments to which it may be subject, “HEMERA” may change its technical configurations whenever it proves convenient to adapt it to possible technological developments.

13.3. “HEMERA” does not guarantee, however, the Client to carry out any upgrades or improvements in the Service.

13.4. Some upgrades or new features of the Service may be available only against payment from the Customer and / or subscription, by the same, of Specific Conditions of use.

14. Complaints

14.1. The Client exercises its right to submit a complaint through the Complaints Book in Electronic Format, available at https://www.livroreclamacoes.pt/inicio.

14.2. Alternatively, the Client may, in the event of a dispute, resort to the following Consumer Dispute Resolution Entity:
CNIACC - National Center for Consumer Conflict Information and Arbitration
Rua D. Afonso Henriques n.º 1, 4700-030 Braga
geral@cniacc.pt

or

Online Online Dispute Resolution Platform available at: http://ec.europa.eu/consumers/odr/, pursuant to Article 14 (1) of the ODR Regulation, made available by the European Commission. 

15. Legal Framework

15.1. Contracts for the purchase of “HEMERA” products and / or services are governed by the Law of the Portuguese Republic.

Política de Privacidade

1. Responsible for Data Processing

    1.1. HEMERA - COMÉRCIO DE COLCHÕES, SOCIEDADE UNIPESSOAL LIMITADA, with headquarters at Rua Comendador Álvaro Rola 140, Ovar, and with the Identification Number of Legal Person 515528110, hereinafter referred to as "HEMERA".

    2. General Information

      2.1. This Policy is in accordance with the provisions of Regulation (EU) No. 679/2016 of the European Parliament and of the Council and with Portuguese Law, concerning the protection of data on natural persons and the way they are processed.

      2.2. For the purposes of this Policy, “personal data” means any information, of any nature and regardless of its support, relating to an identified or identifiable natural person.

      2.3. This Policy does not apply to legal persons.

      3. Consent

        3.1. Upon acceptance of this Privacy Policy, the user gives his / her informed, express, free and unambiguous consent for the personal data provided through the websites www.hemera-colchao.com; www.hemera-colchon.com; www.hemera-mattress.com; and www.hemera-matelas.com, be included in a file under the responsibility of “HEMERA”, under the terms of the legislation in force.

        3.2. “HEMERA”, the entity responsible for the corresponding file, maintains a database with the registration of its customers. The data present in this database are only the data provided by them at the time of registration, being collected and processed automatically, under the terms approved by the National Data Protection Commission of the Portuguese Republic.

        4. Purpose of Data Processing

          4.1. The personal data that we process through this page will only be used for the following purposes:

          • Order processing;
          • Communication with customers and clarification of doubts;
          • Processing of information requests;
          • Complaints processing;
          • Statistical analysis activities;
          • Check, maintain and develop systems and statistical analysis;
          • Direct marketing communications (if you have consented to the processing of your personal data for this purpose);
          • Preventing and combating fraud;
          • Requesting comments on purchased products or services;
          • Conducting satisfaction surveys.

          4.2. "HEMERA" guarantees the confidentiality of all data provided by its customers. Despite the fact that “HEMERA” proceeds to the collection and processing of data in a safe way and that prevents its loss or manipulation, using the most improved techniques for this purpose, we inform that the collection in open network allows the circulation of personal data without conditions security, running the risk of being seen and used by unauthorized third parties.

          4.3. The user consents that the information related to the service contracted with "HEMERA" can be accessed in order to be able to offer additional services to the contractor.

          4.4. When collecting personal data, unless the fields indicate otherwise, the user will be able to voluntarily make personal data available, without the lack of response implying a decrease in the quality or quantity of the corresponding services (unless it is otherwise indicated). However, the lack of response to the data, considered mandatory, will imply the impossibility of accessing the service for which the data was requested.

          4.5. If you do not agree with the conditions mentioned above, “HEMERA” cannot contract with the user through the pages already identified

          5. Assignment of Personal Data

            5.1. In order to be able to comply with the purpose of this website, “HEMERA” will assign your personal data to other entities, which will treat them, for the following purposes:

            • Payment management and processing activities;
            • Order management and processing activities;
            • Other activities that are within the scope of the contractor.

            5.2. The entities to which “HEMERA” will give your personal data to treat them in the terms mentioned above will have the following nature:

            • Third parties related to the provision of contracted services;
            • Payment management and processing entities.

            6. Security measures

              6.1. “HEMERA” declares that it has implemented and will continue to implement the security measures of a technical and organizational nature necessary to ensure the security of personal data that is provided to it in order to avoid its alteration, loss, treatment and / or unauthorized access, taking into account the current state of technology, the nature of the data stored and the risks to which they are exposed.

              6.2. Personal data are treated with the level of protection legally required to guarantee their security and prevent unauthorized alteration, loss, treatment or access, taking into account the state of technology, with the user being aware and accepting that the security measures Internet security are not impregnable.

              6.3. “HEMERA”, whenever accessing any personal data, undertakes to:

              • Store them by means of legally enforceable security measures, of a technical and organizational nature, which guarantee their safety, thus avoiding alteration, loss, treatment or unauthorized access, in accordance with the state of technology at all times, nature of the data and the possible risks to which they are exposed;
              • Use the data exclusively for the previously defined purposes;
              • Make sure that the data are processed only by workers whose intervention is necessary for the provision of the service, being obliged to the duty of secrecy and confidentiality. If there is a possibility that the information may be disclosed to third parties, they should be obliged to maintain due confidentiality in accordance with the provisions of this document.

              7. Commercial and Promotional Communications

              7.1. One of the purposes for which we process personal data provided by users is to send electronic communications with information relating to commercial and promotional communications. Whenever we make a communication of this type, it will be directed exclusively to users who have previously authorized them and expressly.

              8. Exercise of Rights

                8.1. According to the legal provisions, the user can exercise his rights of access, rectification, deletion, limitation, opposition and portability at all times, by requesting by registered letter to the following address:

                Hemera – Comércio de Colchões, Sociedade Unipessoal Limitada

                Rua Comendador Álvaro Rola 140, 3880-345 Ovar, Portugal.

                9. Legal Authority

                  9.1. Under current legislation on data protection and treatment, the data subject has the right to lodge a complaint with the competent supervisory authority, the National Data Protection Commission (CNPD).

                  EN