1. Online store ownership – www.noctulastore.com/en
NOCTULA, Lda., currently designated as “NOCTULA store“, with headquarters at Quinta da Alagoa Lote 222 – 1º Frente, 3500-606 Viseu (PORTUGAL), N.I.P.C. No. PT 509 105 122, registered at the Commercial Registry of Viseu, is the legitimate owner of the official website www.noctulastore.com/en, whose domain can be found at www.noctulastore.com/en.
2. Contacts and Client Support Services
For additional information, you can contact “NOCTULA store” at [email protected].
If you prefer, you can do this by phone (Monday to Friday from 8:30 a.m to 6:00 p.m) through the number +351 232 436 000.
3. Subject Matter and Scope of application
3.1. The present Conditions and General Terms of Sales regulate exclusively the purchase and sale accomplished in the online store noctulastore.com/en, between the end consumer by acting as the buyer and “NOCTULA store” as an entity that represents the seller, and applies to all visitors of the website www.noctulastore.com/en, as well as all commercial transaction accomplished through this online store.
3.2. The navigation on the website, as well as the purchase of any product at www.noctulastore.com/en, implies the acceptance of the present general conditions of use and contracting.
3.4. It is considered “Consumer”, “User” or “Buyer” any person who acts/purchases for the purpose of professional use in your business or job, without any desire to resell the articles that purchase in the online store www.noctulastore.com/en, unless express authorization registered by email, or registered by letter, by the representatives of “NOCTULA store“.
3.5. NOCTULA store reserves the right to change these conditions of use and contracting, without previous notice, as well as to modify at any moment, the information and commercial offer presented on products, prices, promotions, commercial conditions and services. Any changes will always be published on the website www.noctulastore.com/en.
3.6 “NOCTULA store” reserves the right not to process any order to “Consumers (s) who do not comply with the general conditions of sale.
3.7. The end consumer “shall provide to”NOCTULA store“, as seller, an email address or postal address, or other contact information, that are correct and complete and accepts that “NOCTULA store” may contact him/her using this information, if it’s necessary.
4. Information about contents of the online store – www.noctulastore.com
4.1. The reproduction, transfer, distribution or storage of the content of the online store (www.noctulastore.com/en), without prior written authorization, is prohibited for any purpose that not be the strictly professional use.
4.2. Add links to our site with commercial purposes or without prior authorization of “NOCTULA store“, is strictly forbidden, as well as the use of the domain www.noctulastore.com/en for abusive purposes without previous authorization. The situations referred to above will be subject to legal resources by the “NOCTULA store” or its legal representative.
4.3. In the event of finding in other sites, links that allow the access of noctulastore.com/en or references to the online store www.noctulastore.com/en, we inform that “NOCTULA store” does not have any responsibility of the links or pages, nor about the contents placed in it.
4.4. We are strongly committed to ensuring that the information presented on www.noctulastore.com/en is free of typographical errors and always these errors occur, we will proceed, as soon as possible, to the respective correction.
4.5. All contractual information are written in English language, as well as the information of the articles, communications by email and formalization of the sale, with the exception of very specific expressions of business universe.
5. Commercial policy
5.1. In case of the information presented does not correspond to the characteristics of the product, the client has the right to cancel the contract of sale and purchase, according to the relevant legal rules.
5.2. The pictures presented on the website are merely illustrative. Therefore, we recommend that you consult the detail of the product for better information about the respective characteristics of the articles that you intend to acquire.
5.3. The prices and product specifications are subject to modifications without prior notice. Despite the extreme attention of “NOCTULA store” to maintain all the information updated, some products can contain an incorrect price, so we will check the prices whenever we process the orders. If the price of the product is higher, than the announced price, we’ll inform the end consumer by e-mail and await your decision of accepting the new proposal or to cancel the order.
5.4. The product catalog of the online store noctulastore.com/en is independent of other online stores at the price level, the products presented and quantities in stock.
5.5. Validation of purchase order assumes that the buyer acknowledges and accepts the Conditions and General Terms of Sales of the website www.noctulastore.com/en.
5.6. All the data registered by “NOCTULA store” are proof of all transactions made between the “Seller” and the “Consumer”. It’s the responsibility of the “NOCTULA store” to archive the electronic document in which the contract is formalized.
6. Client and Users Obligations
6.1. Any visitor of the website www.noctulastore.com/en is obligated to comply and respect the present general conditions, namely observing the following obligations:
- It is forbidden to introduce, save or disseminate through the site www.noctulastore.com/en defamatory, obscene, insulting, xenophobic and/or any other content that violates the general principles of law and public order;
- Save and not announce your keyword to enter the website, in order to prevent that third parties access your account and personal information;
- Do not use false identities;
- Provide your personal information and correct addresses so that “NOCTULA store” can process the orders properly.
6.2. The end “consumer” is the only responsible for the veracity of the personal information communicated to “NOCTULA store” and commits to insert and report immediately any change through your registration account at www.noctulastore.com/en.
6.3. “NOCTULA store” disclaims any responsibility for any delay or impossibility of processing the order resulting from an error or insufficiency of information communicated by the “consumer”, namely at the time of delivery.
7. Order online procedure
7.1. For to accomplish an order at www.noctulastore.com/en, it’s necessary that “User” has a valid and frequently used e-mail account and registers himself/herself as client of “NOCTULA store“, filling out the online form. After registering, it is sufficient to add all the products that the end consumer intends to acquire into the virtual shopping cart, following all the steps of purchase.
7.2. Placing an order at www.noctulastore.com/en is very easy::
- Navigate through the pages of the online shop www.noctulastore.com/en and find the products that you intend to acquire;
- Add the favorite products to the virtual shopping cart through the button “Add”;
- Then, fill in your personal information in a simple form (very careful: you must fill in all the required data);
- After that, choose the payment method;
- Review your order;
- Proceed with the payment to complete the order.
7.3. At the end of the purchase process, and after payment, your order is confirmed. After payment, you will automatically receive an email with information about the products you purchased and the link where you can download the editable digital files. If you don’t receive an email after payment, please check if it got stuck in your SPAM box. If you still have difficulty downloading files, please contact us, so we can send these files to you manually. Alternatively, after purchasing, you can download files in the menu “My account“/section “Orders“.
7.4. If you purchase a physical product, for example a book, it will be sent to you through the normal post office system, after confirmation of payment by the platform “NOCTULA store“. Payments are automatically detected by the system so you do not need to send us any proof of payment.
7.5. In case the confirmation of payment does not occur or if we verify the breach of these Conditions and General Terms of Sale, “NOCTULA store” reserves the right of not accepting your order, or to cancel it totally or partially, even after the automatic confirmation of it.
8. Product availability and order confirmation/cancellation
8.1. “NOCTULA store” only processes an order made by a customer after confirmation of the respective payment, so “NOCTULA store” can not guarantee the availability of the articles until the beginning of the mentioned processing.
8.2. The orders for editable digital products are available in your personal area (“My Account” menu) through a download link.
8.3. You’ll also receive an email with your payment confirmation and the download link for the products.
8.4. The satisfaction of all orders placed on the site is guaranteed, because all products (digital or not) are kept in stock.
9. Order Confirmation or Cancellation
“NOCTULA store” reserves the right to refuse any order, regardless of the reason and exempt from responsibility for any damages or costs, as well as reserves the right to cancel any purchase even if it has already been accepted or confirmed by “NOCTULA store.
10. Payment Conditions and Security Guarantees
10.1. The forms of payment are available at www.noctulastore.com/en (at the site’s footer and in the “checkout” section). We do not accept any other payment method besides the mentioned methods.
10.2. You may pay your products using your credit card or debit card through PayPal’s payment system. You can still pay your order through an ATM reference (only for Portuguese banks) automatically generated by the system during the purchase process. You can also make the payment through the “Boleto Bancário”. (Only for Brazilian banks).
10.3. The payment with ATM reference is an payment of Services with entity and reference, that can be paid in any ATM or through your home banking service. (Only available to customers of Portuguese banks). This payment service is provided by the company “IfThenPay”.
10.4. For payments using credit or debit card, all details (like card number, expiration date, or security code) will be sent through the encrypted protocol to the company that provides the remote electronic payment services, Paypal, without third parties having access to the information transmitted. These information will not be used by “NOCTULA store”, except to carry out the transactions necessary for purchase or refund, in case of return in accordance with the exercise of the right of return, or for communication to the police in case of fraud.
10.5. If the end consumer chooses the payment through ATM reference (only for Portuguese banks), we will only start the order processing after having received the payment. Therefore, in this payment method, we advise you to go to the ATM machine (or use the home banking service) as quickly as possible, in order to receive the confirmation of your order as soon as possible. Once 5 calendar days passed after the order has been placed, and if we still have not received any payment, the order will be canceled.
11. Security of the online store www.noctulastore.com and all transactions
11.1. Our online store www.noctulastore.com/en uses the most and robust security technologies available for encryption platforms. All payment information that you provide will be encrypted from the initial moment of your transaction until the moment the order is processed and will not be saved in any public server.
11.2. Although we use a highly evolved encryption software, any payment transmitted through the Internet, or through e-mail, can take some risks, especially when the “User” does not take the necessary precautions and does not assume the proper conduct of responsibility.
11.3. “NOCTULA store” can not carry any responsibility for any damages suffered as a result of the use of electronic means of communication, namely damages resulting from failures or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or through computer programs used for communication or transmission of viruses.
12.1.The prices of products displayed on noctulastore.com/en already include the Value Added Tax (VAT) at the legal rate in force.
12.2. The total price specified in the checkout menu includes taxes. Prices are quoted at the moment of order confirmation, which you can print or download for future uses. Please transfer only the exact amount specified in the order confirmation and make individual transfers by order.
12.3. All prices are quoted in Euros, so any change in the delivery country can have influence on prices.
13. Quality and Guarantee
13.1. “NOCTULA store” will only sells articles of highest quality on noctulastore.com/en.
13.2. The products available for sale at noctulastore.com/en may not exactly match the actual article with regard to the displayed image and colors, especially due to the Internet browser and monitor used.
14. Shipping of Products and Deliveries
14.1. The digital products ordered in the online store noctulastore.com/en will be available through a download link once the payment has been confirmed.
14.2. If you purchase a physical product instead of a digital product, for example a book, it will be sent to you through the normal post office system after confirmation of payment by the “NOCTULA store” platform. The payments are automatically detected by the system so you do not need to send us any proof of payment.
15. Shipping costs
The products purchased in the online store noctulastore.com/en do not have costs associated with shipping costs.
16. Order delivery times
16.1. The digital products purchased in the online store noctulastore.com/en will be available for download through a link that you will receive in your e-mail after the payment has been confirmed by “NOCTULA store” platform.
16.2. If you purchase a physical product instead of a digital product, for example a book, it will be sent to you through the normal post office system after confirmation of payment by the “NOCTULA store” platform. According to indications from the CTT services, the orders are normally delivered within 3 to 5 working days after shipment.
17. Product Returns and Exchanges
The digital products purchased in the online store noctulastore.com/en correspond to digital templates editable in Word, Excel, PowerPoint and PDF files, so “NOCTULA store” has no guarantee that they will not be used if they are exchanged or returned.
In this sense, we do not perform exchanges or returns of any digital products purchased in the online store noctulastore.com/en.
For physical products, for example: books, the consumer has the right to terminate the contract and without having to state the reason within 14 days after the consumer or a third party, other than the carrier, indicated by the consumer, acquires the physical possession of the goods.
18. Conditions for Promotional Codes (discounts)
Does not exist the possibility of using promotional codes (discounts) on the website www.noctulastore.com/en.
19. Promotions Validity or commercial campaigns
There are no commercial campaigns on the website www.noctulastore.com/en.
20.1. “NOCTULA store” will only be responsible for damages suffered by the “client”, in case the such damages result from violations attributable to the contractual obligations of NOCTULA store to the client, or if the responsibility result from the relevant applicable law.
20.2. “NOCTULA store” is not responsible for damages resulting from incorrect information on the site.
20.3. All products commercialized by “NOCTULA store” are in accordance with Portuguese and Community legislation.
21. Intellectual and Industrial Property
All works, illustrations and images replicated or represented on the website noctulastore.com/en are strictly reserved in the terms of the copyright, as well as intellectual property rights.
22. Applicable law
22.1. The present General Terms and Conditions of Sale and all emerging litigation that are related to these general conditions, including its validity, the use of the website noctulastore.com/en or any purchase on the same, should be regulated by Portuguese law.
22.2. In case of dispute regarding the interpretation or execution of these Conditions and General Terms of Sale, “NOCTULA store” and the “Buyer” oblige themselves to work towards a friendly solution, that is just and adequate, in the maximum period of 60 (sixty) days counted from the receipt of the communication addressed for this effect by any of the parties involved.
22.3. In absence of a friendly solution, in accordance with the provisions of the preceding paragraph, and in case of breach of these Conditions and General Terms of Sale, both parts determine as competent court the Ordinary Court of the District of Viseu, with express renunciation to any other one.
23. Change of General Terms and Conditions of Sale – Online store www.noctulastore.com/en
“NOCTULA store” reserves the right to change these General Terms and Conditions of Sale at any moment. The “Buyer” is subject to the principles and terms in force at the date of your purchase, unless the law or competent authority imposes any changes to the same.
When we refer to “NOCTULA store“, we are referring to the entity NOCTULA, Lda. That acts as the controller or processor of your information, as explained in more detail in the section “Entities which collect personal information”, below.
24.1. General Data Protection Regulation (GDPR)
NOCTULA store reports that is in accordance with the General Data Protection Regulation (GDPR). NOCTULA store is committed to submit all personal data received to the applicable principles of the General Data Protection Regulation (GDPR). To learn more about General Data Protection Regulation (GDPR), click on the following link: (https://ec.europa.eu/commission/priorities/justice-and-fundamental-rights/data-protection/2018-reform-eu-data-protection-rules_en).
NOCTULA store is responsible for the processing of the personal data that receives, in accordance with the General Data Protection Regulation (GDPR), and automatically transfers this responsibility to third parties acting on its behalf. NOCTULA store complies the General Data Protection Regulation (GDPR), for all future transfers of personal data, including future rules.
Due to personal data received or transferred, in accordance with the General Data Protection Regulation (GDPR), NOCTULA store is subject to the Portuguese regulations and the European Commission. In some situations, it may be necessary for NOCTULA store to disclose personal information in response to requests from authorities, for example to comply with regulations of national security or police.
24.2. Entities that collect personal information
NOCTULA store is composed of a legal entity. When we mention “NOCTULA store“, “us”, or “our” in this privacy notice, we are referring to the company NOCTULA, Lda. responsible for processing your personal information. The Terms of Service or Contracts between you and NOCTULA store will determine that terms will be handled by the company NOCTULA, Lda., which is the controlling entity of your personal information. The personal information on this website is collected by NOCTULA, Lda., Av. Quinta da Alagoa, Lote 222, 1º Frente, 3500-606 Viseu, Portugal. Our phone number and general e-mail address are respectively +351 232 436 000 and [email protected].
NOCTULA, Lda has an employee responsible for data protection and for receive any questions about this privacy statement, how your personal information is handled or any other subject related to your personal information, please contact the person responsible:
C/O: Responsible for Data Protection
E-mail: [email protected]
Address: Av. Quinta da Alagoa, Lote 222, 1º Frente, 3500-606 Viseu, Portugal
Phone: +351 232 436 000
24.3. Collection of personal information
As a visitor of our website, you can participate in several activities without providing personal information.
However, when you register, to use a website and other products or services as a registered user NOCTULA store, in order to provide services we may need to collect the following personal information
- Contact information (your name, phone number, address and email address);
- Billing information (your credit card’s number, expiration date, type of card and billing address);
- Profile data, including your user name and password, details about your purchases, and the content or product you want to purchase.
If you send physical or digital products to NOCTULA store for sale, becoming one of our authorized sellers, the following information may be requested:
- Contact information (your name, phone number, address and e-mail address);
- NOCTULA store can verify this information by requesting you the upload of an identity document issued by the government (which will be stored on our secure servers);
- Information about the collaborator and how we can pay commission for your sales, including (but not limited to) method of payment, the payment email to the PayPal account, the desired display name, and information about the product that will be sold.
- Depending on the activity, providing some information that we request, is identified as obligatory or voluntary. If you do not allow the provision of obligatory information for a particular activity, your entry into that activity will not be allowed.
- As it happens with most websites, when you use our website, the “NOCTULA store” or subprocessors outsourced by “NOCTULA store”, can collect certain technical and routing information about your computer to facilitate the use of our website and its products or services. For example, we can register variables like: type of browser, the operating system and the IP address of your computer or mobile equipment that you use to access our site. We use these variables to facilitate and monitor your use on the website. NOCTULA store also uses the variables to measure traffic patterns on the website.
- We do not request access or monitor any information based on the location of your mobile equipment when you access our website through such equipments.
24.4. How to update your personal information and privacy preferences
If requested, NOCTULA store will inform you if we keep or process, on behalf of third parties, any personal data. To request this information, contact us through the e-mail [email protected].
You have the right to access, correct and delete Personal Information at any time. Just click on the “My Account” link (at the top of the site) to view and change most of your personal information immediately. If you’re a seller of products, you can change your profile through this link: https://www.noctulastore.com/frontend-manager.
If for some reason you can not change some of your personal information, please contact us through the e-mail [email protected]. We will contact you as soon as possible.
24.5. How your personal information is used
NOCTULA store may use your information to:
- Process your financial transactions;
- Send you the order or renewal confirmations;
- Register your rights, if there is, to technical support or other advantages that may be available to registered users;
- Answer to requests, questions and/or concerns directed at customer service;
- Manage your account;
- Send your requested product or service;
- Keep you informed of NOCTULA store special offers and selected partners;
- Manage promotions and sweepstakes in which you participate and inform you about the result;
- Investigate, prevent or act in relation to illegal activities and / or violations of our Terms and Conditions;
- To follow up our research and development needs of products / services and improve our website, services and offers;
- Customize your experience, directing our services and offers to you.
In certain situations, NOCTULA store may be required to disclose personal information in response to lawful requests made by public authorities, including to respond national security or public safety requirements as required by law (for example, to respond to a notification, court order or legal process at NOCTULA store), and when we believe that some disclosure is necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a request from the Government. We can also disclose your information if we determine that such disclosure should be made for reasons of national security, law enforcement or other matters of public importance.
24.6. Sharing information with service providers
NOCTULA store works with one or more external credit card payment processing companies to charge you for the purchase of our articles or services. As far as we know, such companies do not retain, share, keep or use personal information for any other purpose.
- IfThenPay – ATM references and payments by MB WAY (only for Portuguese banks)
- euPAGO – Payments by MB Way;
- BrainTree – Credit Card Payments;
- PayPal – Payments with credit card and/or Payments with PayPal account;
- Easypay – Boleto Bancário (only for Brazilian banks).
We do not sell or provide, in no other way, personal information to other companies to market their products or services.
24.7. Data retention
We will keep your information while your account is active, as long as the information is necessary to provide you our services or, as necessary, to comply with our legal obligations. If you want to delete your account or request that we no longer use your information to provide you our services or to sell our products, please contact us through this e-mail: [email protected]. We will give an answer to your request within a maximum of 30 days. We will maintain and use your information as necessary to comply our legal obligations, solve discusions and implement our agreements.
24.9. Protection of your personal information
The personal information that you provide during use of the website is protected through by several ways.
- Your access to the account profile is available through a password and customer ID, exclusive and chosen by you. This password is encrypted. You must choose a complex alphanumeric password, which should not be disclosed to anyone.
- Your personal information is saved on secure servers. Only selected NOCTULA store employees and vendors have password access.
- Your personal information is encrypted when they are transmitted to NOCTULA store.
- When you provide sensitive information (for example: your credit card number) in our forms regarding purchase / ckeckout details, this information is encrypted by our PayPal or BrainTree partners.
We try to protect the personal information that you send us, both during transmission and after receiving it. However, no method of internet transmission, or electronic method of storage is 100% secure. Although, we consider the importance of the personal information we collect, process and store and the current state of the technology to establish such measures to protect your personal information, we can not guarantee absolute security.
If you are registered at NOCTULA store and you have any questions about security on our website, send us an e-mail to [email protected].
24.10. Cookies and tracking technologies
The website may collect information automatically while you search, for exemples: the browser type and version you use, the operating system, the type of device, the average time spent on the websites, the pages viewed, the pages you accessed, the IP address used to connect your computer to the Internet and other relevant statistics. This information is referred to as web analytics or clickstream data.
Technologies like cookies, beacons, tags and scripts are used by NOCTULA store to provide more resources and functionality to the website. These technologies are used to analyze trends, administer the website, track user movement through the website, and collect demographic information about our user base as a whole. We can receive reports based on the use of these technologies by companies and individuals, or both.
- We can make partnerships with third parties to display ads on our website or to administer ads on other sites. Our partners can use technologies (for example: cookies) to collect information about their activities on this and other websites to offer ads based on your browsing interests. To prevent this information are used for the purpose of personalizing ads, you can cancel this option by clicking here. This option doesn’t stop you continuing to receive ads. You will continue to receive generic ads.
- At the moment you provide personal information to NOCTULA store, if you are given the opportunity (as at this moment) to limit the use of such information for the purpose of communication with you, by NOCTULA store or by third parties NOCTULA store will not change your preference in this regard without your explicit consent. However, if NOCTULA store is acquired or merges with another entity, NOCTULA store may provide that entity, without your consent, information relating to the part of the business that was sold or merged. However, NOCTULA store will provide notice of such sales of assets, acquisitions or mergers on this website.
24.12. Links to Third Party websites
Our website includes links to other websites, whose privacy practices may differ from the practices defined by NOCTULA store. If you submit personal information to any of these sites, that information will be handled by your respective Privacy Policies. We recommend that you consult the Privacy Policies of all sites you visit.
24.13. Social network widgets
24.14. Single sign-on
To authenticate to our website, you may be able to use login services such as Facebook Connect or Open ID. Such services will authenticate your identity and offer you the option to share certain personal data with us, for example, your name and email address, to automatically fill out the application form. Services like Facebook Connect offer the option of sharing information about your activities on our site in your social network profile.
We do not intend to solicit or collect personal information from any person under the age of 18. If you are under 18 years of age, do not provide information on this website or do not sign up to use our services or buy our products. If you believe that your child under the age of 18 has provided personal information, contact [email protected], so that the information is removed and your child’s account is closed.
24.16. Privacy Complaints
Persons located in some countries, including the European Union, have certain rights in relation to personal data. Subject to the exceptions provided in the legislation, you may have the right to request access to information, as well as having possibility of updating, deleting or correcting them.
Within the limits that the processing of your personal data is performed by NOCTULA store under the EU General Data Protection Regulation, NOCTULA store proceeds to this process to ensure legitimate own interests described above. In relation to the processing of some of your personal data by NOCTULA store, for your own direct marketing purposes, you have the right to reject such use of your personal information by NOCTULA store at any time by contacting [email protected] so that personal data is removed and your account is closed. If you are a product vendor, you can change your profile at https://www.noctulastore.com/frontend-manager. You can also reject the processing of your personal data by sending an email to [email protected], in this way the data seller of products will be removed and your seller account of products will be closed, although in this case, the seller can not continue to sell their products and receive their commissions through NOCTULA store.
C/O: Responsible for Data Protection
E-mail: [email protected]
Address: Av. Quinta da Alagoa, Lote 222, 1º Frente, 3500-606 Viseu, Portugal
Phone: +351 232 436 000
The processing of personal information by “NOCTULA store” will be carried out in accordance with the Portuguese Law in force. The contracts for the purchase and sale of products through this site are regulated by the Portuguese Law.
26. Intellectual Property Rights
All content on this website is the exclusive property of “NOCTULA store“, or with resale licenses for texts, images, or any other information that does not come from third parties. In this way they are protected by the Copyright Code.
“NOCTULA store” reserves the right at any time to make changes to these contents, not having any obligation to make any previous communication to the users.
Last updated on January 01, 2019.