General Terms and Conditions for Sellers

Preamble

The Cinfães Digital Marketplace, managed by the Cinfães Business Association, is a digital platform that aims to promote local commerce, offering registered sellers the possibility of selling their products to a wider audience, both locally and nationally. By registering and using the platform, the seller fully accepts these General Terms of Use (GTU), which regulate their rights, duties, and responsibilities as a user of the platform.

1. Object

These GTU aim to define the conditions of access and use of the platform by sellers, regulate the sales process, order management, the relationship with buyers, and the legal responsibilities of the seller.

2. Registration and Access to the Platform

2.1. Eligibility

Sellers who are legal entities (companies) or sole traders, duly registered and operating in accordance with Portuguese law, may register on the platform. Registration on the platform is mandatory to begin selling products.

2.2. Account Creation

The seller must create an account on the platform, providing accurate business data, including:

• Company name;
• Tax Identification Number (NIF);
• Address of the registered office or business establishment;
• Telephone contact and email.

2.3. Account Verification

The Cinfães Digital Marketplace Management Team reserves the right to verify the information provided and request additional documentation, such as commercial registration certificates or proof of identity. Failure to provide documents may result in the suspension or refusal of registration.

2.4. Responsibility for Access Data

The seller agrees to keep their access credentials (username and password) confidential and to ensure that only authorized persons access the account. Any unauthorized use must be immediately reported to the platform’s management team.

2.5. Account Suspension or Closure

A seller’s account may be suspended or closed by the platform in case of violation of these Terms and Conditions, fraudulent activities, or behaviors that harm the platform’s operation or the buyer experience.

2.6. Activation of Payment Splitting

To activate payment splitting, so that the buyer can make payments for their purchases, the seller must:

1. a) Complete an Excel form for seller identification, fully filled out with: Trader Identification (legal entity – company name, registered office, corporate purpose, country of incorporation, CAE code, turnover of the previous year and countries/areas of activity); Holders of management bodies; Holders of shareholdings >5%; Beneficial owners;
2. b) Copy of the registration declaration in the RCBE;
3. c) Copy of the identification document of all beneficial owners;
4. d) Permanent certificate.

3. Seller Obligations

3.1. Legal Authorization to Sell

The seller guarantees that they are legally authorized to carry out the sales activity and that they comply with all legal and tax obligations applicable to their activity, including compliance with commercial legislation, consumer protection, and personal data protection.

3.2. Product Management

The seller must provide detailed and accurate descriptions of the products they sell, including: Product name and technical description; Photographs that faithfully represent the product; Selling price (including applicable taxes and fees).

3.3. Stock Management

The seller is responsible for ensuring that the products presented on the platform are available in stock. In case of stock shortage, the seller must update or remove the product from the platform immediately.

3.4. Prices and Taxes

The prices presented by the seller must include all legally applicable taxes, such as VAT. The price of products cannot be changed after an order has been placed, except by express agreement with the buyer.

3.5. Sales, Promotions and Clearances

Activities related to sales, promotions and clearances are also the responsibility of the Seller, as stipulated in Decree-Law No. 70/2007. Sellers must ensure that all offers and promotions comply with applicable legislation and that information regarding these offers is clearly presented to Buyers. The Seller is responsible for informing Buyers about the specific conditions governing each promotion or sale, including the duration of the offer and applicable limitations.

3.6. Invoicing

The invoicing of products purchased through the Cinfães Digital Marketplace is the responsibility of the Seller, in accordance with Decree-Law No. 198/2012. The Seller must issue invoices in accordance with current legislation, ensuring that all necessary information is correctly reflected. Buyers must ensure that the data necessary for issuing the invoice is correctly provided at the time of purchase.

3.7. Product Conformity

The seller guarantees that the products sold conform to the specifications described on the platform and comply with all applicable safety and quality standards, in accordance with current legislation.

3.8. Packaging and Shipping

The seller is responsible for packaging the products appropriately to avoid damage during transport. Shipping must be done according to the deadlines and methods indicated on the platform, using the agreed delivery services (e.g., CTT Expresso).

4. Order Management and Delivery

4.1. Order Receipt and Confirmation

The seller undertakes to verify and confirm the availability of products within a maximum of 24 hours after receiving an order. Confirmation must be made through the platform and, from that moment, the order must be processed and prepared for shipment.

4.2. Delivery Times

The seller must comply with the delivery times indicated at the time of purchase. In case of a delay exceeding 7 working days, the buyer has the right to cancel the order and request a refund, in accordance with Decree-Law No. 24/2014. The seller must keep the buyer informed of any delivery delays.

4.3. Shipping Costs

Shipping costs will be clearly indicated at the time of purchase, and the seller must ensure that these values ​​are accurate and transparent. Shipping costs are borne by the buyer, unless otherwise agreed.

5. Returns and Refunds Policy

5.1. Right of Withdrawal

In accordance with Decree-Law No. 24/2014, the buyer has the right to withdraw from the purchase within 14 days from the date of receipt of the product, without needing to state a reason. The seller is responsible for accepting the return and processing the refund within a maximum of 14 days.

5.2. Return Conditions

Products returned by the buyer must be in the same condition as received, without signs of use and in the original packaging. The seller must verify the condition of the product before processing the refund.

5.3. Return Costs

If the return is due to a product defect or delivery error, the return costs will be borne by the seller. Otherwise, the buyer may be responsible for these costs, according to the agreed conditions.

5.4. Refunds

Refunds will be made using the same payment method used by the buyer. The seller must ensure that the refund is made within the legal deadlines and in accordance with the platform’s policies.

6. Complaints and Dispute Resolution

6.1. Buyer Complaints

The seller undertakes to respond to buyer complaints within a maximum of 8 business days. If the seller is unable to resolve the issue satisfactorily, the Management Team of the Cinfães Digital Marketplace platform may intervene and decide on the matter, reserving the right to refund the buyer directly and deduct the amount from the seller’s account.

6.2. Out-of-Court Dispute Resolution

In the event of a dispute between the seller and the buyer, the parties must seek to resolve the conflict amicably or resort to alternative dispute resolution mechanisms, in accordance with Decree-Law No. 144/2015. Ultimately, the competent courts of the Cinfães district may be involved.

7. Data Protection and Privacy

7.1. Processing of Personal Data

The seller undertakes to comply with all obligations set forth in the General Data Protection Regulation (GDPR) and Law No. 58/2019, guaranteeing the privacy of buyers’ personal data. The data collected must be used exclusively for delivery and communication purposes related to the order.

7.2. Information Security

The seller is responsible for adopting all appropriate technical and organizational measures to protect buyers’ personal data against unauthorized access, loss, or destruction.

8. Intellectual Property

8.1. Platform Content

All content on the platform, including text, images, logos, and design, is protected by copyright. Sellers may not use the platform’s content for commercial purposes without the express authorization of the Cinfães Digital Marketplace platform’s Management Team.

8.2. Seller’s Intellectual Property

The seller is responsible for ensuring that the content (images, product descriptions, trademarks) they publish on the platform does not infringe the intellectual property rights of third parties.

9. Changes to the Terms and Conditions

The Cinfães Digital Marketplace platform’s Management Team reserves the right to change these Terms and Conditions at any time, notifying sellers in advance. Changes will take effect 15 days after notification, and the seller’s continued use of the platform will be considered acceptance of the new conditions.

10. Applicable Law and Jurisdiction

These General Terms and Conditions of Use (GTC) are governed by Portuguese law. For any dispute arising from the interpretation or execution of these terms, the parties may resort to the competent courts of the District of Viseu.

Additionally, consumers have several Alternative Dispute Resolution (ADR) options available to them, including:

• CNIACC – National Consumer Information and Arbitration Centre: CNIACC;
• Lisbon Consumer Arbitration Centre: Lisbon Arbitration Centre;
• Vale do Ave Consumer Arbitration Centre/Arbitration Court: Arbitration Court;
• CIAB – Consumer Information, Mediation and Arbitration Centre: CIAB;
• CIMPAS – Insurance Information, Mediation and Ombudsman Centre: CIMPAS.

Consumers can also choose to use the online platform provided by the European Union to file complaints about disputes. The Commercial District Management Team offers information on how to exercise your right to complain to an official, impartial, and third-party entity. If you are not satisfied with the purchase of a good or service or with the proposed solution, you can access the official website of the European Union’s ODR Platform to submit your complaint.

Last updated: 27/11/2024