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General Terms of Use (GTU)

Preamble

The Cinfães Digital Marketplace is a digital platform managed by the Cinfães Business Association with the aim of promoting e-commerce in the Cinfães Digital Commercial District, allowing merchants who are part of Cinfães Digital to sell their products on the Cinfães Digital Marketplace.

Commercial establishments located within the perimeter of the Digital Commercial District, provided they are legally constituted and in compliance with current regulations, may join the Cinfães Digital project.

This regulation defines the terms of use of the platform, the rights and responsibilities of sellers and buyers, as well as the legal obligations governing the use of the platform.

Any sale of products made by a seller through the Cinfães Digital Marketplace will be governed by that seller’s General Terms and Conditions of Sale (GTC). These conditions may be supplemented by these General Terms of Use, ensuring a transparent and secure transaction for both parties, in accordance with Portuguese law.

  1. Definitions

The terms indicated below have, under these conditions, the meaning defined below, with the possibility of use in the singular and plural:

  • BackOffice: This is the interface that allows the Seller to access the space where they can configure their store, manage their Product catalog, their Orders, create discount coupons, track their activity, manage payments, and access relevant statistical data for controlling sales made;
  • Management Team: Composed of the Neighborhood Manager and the Support Technician who enable the connection between Sellers and Customers for the online sale of Products and Services;
  • Store: Online space in the Marketplace, available to one or more sellers, for the sale of Products and Services;
  • Customer: Any person who accesses the Marketplace to purchase Products and/or Services from a Seller;
  • Seller: Any entity whose Product offers appear on the Marketplace for sale.
  • User: Any person who accesses and browses the Marketplace;
  • Marketplace: Refers to the online platform available through the website where the Neighborhood Manager enables the connection between Sellers and Customers for the online sale of Products and Services;
  • Content: All information, descriptions, technical specifications of products, logos, trademarks, illustrations, photographs, data and, in general, all elements and content provided by the Seller and published on the Marketplace;
  • Features: Includes the services that the Neighborhood Manager offers to Users on the Marketplace, such as management and approval of products and categories to be listed on the Marketplace; approval of discount coupons; management and support for merchants adhering to the Marketplace;
  • General Terms of Use or GTU: These are the conditions, available in the footer, that are intended to regulate the use of the Marketplace by any User;  
  • Marketplace Commercial Conditions or Commercial Conditions: Set of conditions that regulate the commercial practices of the Marketplace and complement the Sales Contract in case the Seller’s GTC are non-compliant or incomplete;
  • Seller’s Store: space that the Neighborhood Manager assigns to the Seller on the Marketplace so that they can present their company with its respective Products and Services to Customers;
  • Product: any physical good or service sold on the Marketplace by Sellers;
  • Order: Purchase of any Product and/or Service from the Seller, made by the Customer through the Marketplace;
  • Provision of Services: refers to any service offered on the Marketplace;
  • Seller’s Terms and Conditions of Sale: are the General Terms and Conditions of Sale to which the seller is subject when marketing their Products through the Marketplace. The Seller may provide specific Terms and Conditions of Sale provided they are registered on the Marketplace and their conditions include all the mandatory information established. In case of gaps or contradictions, the Seller’s Terms and Conditions of Sale may be supplemented by the Commercial Conditions;
  • Customer Area: This is the interaction area provided by the Cinfães Digital Marketplace where all the data provided by the User is gathered, allowing them to manage their requests, view their purchase history and change their data. Access to the Customer Area will be made through the User’s credentials. The data is used for login and placing orders/purchases;
  • Credentials: These constitute the User’s email address and the password chosen by them, necessary to access their Customer Area on the Marketplace.

2. Object

These General Terms and Conditions are intended to regulate the rights, duties, and responsibilities of users (sellers and buyers) who use the Cinfães Digital Marketplace as a tool for mediating commercial transactions.

The Cinfães Digital project aims to:

  • Promote participating businesses and services and community involvement through digital technologies;
  • Create a digital interface through an online marketplace, allowing participating businesses and services to offer products and services digitally, facilitating online transactions;
  • Provide interaction tools, such as interactive billboards and digital platforms, that facilitate access to information and offers from businesses and services in Cinfães;
  • Support the digital transition of participating establishments, integrating resources such as free Wi-Fi, interactive billboards, an augmented reality platform, and a dedicated mobile application;
  • Provide digital lockers that facilitate the logistics of product delivery and collection for buyers and sellers within the neighborhood.
3. Project Components

3.1 Interactive MUPIS

Interactive MUPIS offer the following functionalities:

  • Dissemination of promotions and offers from participating businesses and services;
  • Display of useful information, such as events, news and weather warnings;
  • Access to information about municipal services and events in the municipality of Cinfães;
  • Interaction with the community through augmented reality, creating an engaging and innovative experience.

Interactive billboards will be available for free use by participating businesses and services, with limited space for advertising and information.

The display of promotions will be managed by the Neighborhood Management Team, which reserves the right to moderate the content to ensure it complies with the project objectives.

Each establishment will be entitled to one monthly entry on the interactive billboards, with the content to be displayed to be provided by the establishment itself. The Neighborhood Management Team will ensure the correct display of content, provided it respects the established guidelines.

3.2 Website and Mobile Application

The online platform and mobile application allow registered establishments to offer their products, services, and promotions, and communicate directly with customers.

Access to the platform will be granted to participating businesses and services, which will have a dedicated area to present their products, manage orders, and interact with customers.

Establishments are responsible for the accuracy of the information provided and for keeping their data updated.

3.3 Free Wi-Fi Free

Wi-Fi coverage will be expanded in the covered commercial areas, allowing easy access to information and services provided by the project.

The free Wi-Fi network will be available to all visitors on the covered streets. Use of this network must respect fair use and privacy policies.

3.4 Digital Lockers

Digital lockers will be installed at strategic participating locations, facilitating the delivery and collection of purchased products, whether in person or online.

Participating businesses and services may choose to use the digital lockers as a delivery point for orders. They must ensure the availability of products within the timeframe agreed upon with the customer.

3.5 Augmented Reality

The augmented reality platform will provide a playful and innovative experience for users to interact with the digital environment, promoting an immersive and attractive atmosphere.

4. Registration and Access to the Platform

4.1. Eligibility

Access to and use of the platform are reserved for users of legal age with full legal capacity to conduct commercial transactions.

4.2. User Types and Access Levels

  • Neighborhood Manager:
  • The manager has full access to the platform and is responsible for the administration of all registered stores in their geographic area. Their duties include:
    • Creating and editing all stores registered on the Marketplace;
    • Providing support and training to sellers on the tools available on the platform;
    • Monitoring store performance and ensuring compliance with platform standards.

Seller:

  • The seller is a local merchant or registered company that uses the platform to offer its products. Their access level allows them to:
    • Create and edit their own store and product catalog;
    • Track their orders and interact directly with buyers;
    • Access statistical data on sales, such as performance and transaction reports.

Buyer:

  • The buyer is the end user who purchases products through the platform. Their access level allows them to:
    • Register a customer account to make purchases;
    • View order history and order status;
    • Change their personal data and communication preferences;
    • Rate purchased products and seller performance.

4.3. Account Creation

The user, whether seller or buyer, must create an account on the platform providing correct and complete personal and business data, such as name, address, email, and tax identification number (NIF). The user undertakes to keep this information updated.

4.4. Confidentiality of Access

Data Login data (username and password) are personal and non-transferable. The user is responsible for ensuring the confidentiality of this data and is fully responsible for all activities carried out on their account.

4.5. Account Suspension and Cancellation

The platform management team reserves the right to suspend or terminate the account of any user who violates these Terms and Conditions or who is involved in fraudulent or illegal activities. The user will be notified in writing and will have the right to appeal the decision.

5. Seller’s Obligations

5.1. Legal Authorization

The seller declares that they are legally authorized to conduct commercial activity and to sell the products offered on the platform, guaranteeing that they comply with all applicable legislation and regulations.

5.2. Product and Stock Management

The seller is responsible for keeping the description and availability of their products updated, ensuring that the advertised products are available for delivery. If they cannot fulfill an order due to lack of stock, they must immediately remove or update the offer on the platform.

5.3. Responsibility for Product Quality

The seller guarantees that the products offered conform to the specifications presented on the platform, as well as to the laws applicable to product safety and quality.

5.4. Prices and Taxes

The prices shown must include all applicable taxes, such as VAT, in accordance with Portuguese law. The seller undertakes not to change the price of a product after confirmation of an order, except in cases of manifest error or by express agreement with the buyer.

5.5. Sales, Promotions and Clearances

Activities related to sales, promotions and clearances are also the responsibility of the Seller, as set out in Decree-Law No. 70/2007. Sellers must ensure that all offers and promotions comply with applicable legislation and that information relating to 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.

5.6. 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.

5.6.1 Communication of Information to the Bank of Portugal

In accordance with Instruction No. 27/2012, of September 17, the Cinfães Digital Marketplace, in partnership with the sellers, undertakes to comply with the requirements for communicating statistical information to the Bank of Portugal. This process includes the communication of data relating to commercial transactions carried out on the platform, when applicable, in accordance with the reporting standards established by the Bank of Portugal. Sellers and the platform management team must ensure that all transactions are properly recorded and reported, if required by applicable rules.

5.7. Packaging and Shipping

The seller is responsible for properly packaging the products and ensuring shipment within the stipulated deadlines, using the contracted delivery services (e.g., CTT Expresso). Products must be shipped in accordance with transport regulations to avoid damage during transport.

5.8. Customer Service

The seller undertakes to provide quality customer service to buyers, responding to their questions and complaints promptly and appropriately, in accordance with the conditions established by the platform.

6. Buyer’s Obligations

6.1. Data Accuracy

The buyer undertakes to provide correct and complete data at the time of registration and during the purchase process, namely information related to the delivery address and payment details.

6.2. Payment for Products

The buyer must ensure that payment for the purchased products is made in accordance with the payment methods available on the platform. The buyer will be informed of the final price and any shipping costs before the purchase is completed.

6.3. Receipt and Verification of Products

After delivery, the buyer must verify that the products received conform to the order. If any defect or discrepancy is identified, the buyer must inform the seller through the platform within the stipulated deadlines for complaints.

6.4. 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. Buyers must ensure that the data necessary for issuing the invoice is correctly provided at the time of purchase.

7. Transactions and Deliveries

7.1. Order Processing

The seller must process orders efficiently and within the agreed deadlines, sending a confirmation to the buyer as soon as the order is dispatched.

7.2. Product Delivery

Delivery times vary according to the method chosen by the buyer, and these are clearly indicated during the purchase process. In case of delays, the seller must inform the buyer and the platform, and the buyer may choose to cancel the order and receive a refund if the delay exceeds 7 business days.

7.3. Shipping Costs

Shipping costs are the responsibility of the buyer, except when explicitly indicated that they are borne by the seller, or in the case of returns due to defects.

8. Returns and Refunds

8.1. Right of Withdrawal

The buyer has the right to cancel the purchase and return the product within 14 days from the date of receipt, without needing to provide justification, in accordance with Decree-Law No. 24/2014. Return shipping costs are the responsibility of the buyer, except in cases of defects or errors in shipping.

8.2. Return Conditions

Returned products must be in the same condition as received, without signs of misuse and with the original packaging, except in the case of manufacturing defects.

8.3. Refund

The seller is responsible for processing the refund within a maximum of 14 business days after receiving the returned product, using the same original payment method.

Complaints and Dispute Resolution

9.1. Complaints

The buyer may submit complaints related to the non-conformity of products or the service provided by the seller through the platform. The seller must respond to the complaint within a maximum of 8 business days. If the complaint is not resolved satisfactorily, the platform’s management team may intervene.

9.2. Extrajudicial Dispute Resolution

Disputes between buyer and seller will preferably be resolved amicably or through alternative dispute resolution mechanisms, in accordance with Decree-Law No. 144/2015. In the absence of an agreement, the parties may resort to the competent courts of the Cinfães district.

10. Data Security and Protection

10.1. Personal Data Processing

The personal data of users (sellers and buyers) are processed in accordance with the General Data Protection Regulation (GDPR) and Law No. 58/2019, exclusively for the purposes of service execution, such as order management, product delivery, and complaint resolution.

10.2. Information Security

The platform implements appropriate technical and organizational measures to protect personal data against unauthorized access, accidental loss, and cyberattacks.

11. Final Provisions

11.1. Changes to the Terms and Conditions

The Management Team of the Cinfães Digital Marketplace platform reserves the right to change or update these Terms and Conditions, notifying users at least 15 days before their application.

11.2. Applicable Law

These Terms and Conditions are governed by applicable Portuguese law, namely the Civil Code, Decree-Law No. 24/2014 and the General Data Protection Regulation (GDPR). For any dispute arising from the interpretation or execution of these conditions, the parties may resort to the competent courts of the Viseu district. Additionally, consumers have several Alternative Dispute Resolution options available, including:

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

Consumers can also choose to use the online platform provided by the European Union to file complaints about disputes. The Bairro Digital 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: November 27, 2024

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