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Terms of Use for Sellers

Terms of Use for Sellers
Preamble
The Bio Bairro Marketplace, managed by the Municipality of Idanha-a-Nova, is a digital platform aimed at promoting local trade, offering registered sellers the opportunity to sell their products to a wider audience, both locally and nationally. By registering and using the platform, the seller fully accepts these General Terms and Conditions of Use (GTCU), which govern their rights, duties and responsibilities as a user of the platform.

1. Purpose
The purpose of these Terms and Conditions of Use is to set out the conditions governing sellers’ access to and use of the platform, to regulate the sales process, order management, relations with buyers and the seller’s legal responsibilities.

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 in order to begin selling products.

2.2. Account Creation
The seller must create an account on the platform, providing accurate business details, including:
• Company name;
• Tax Identification Number (NIF);
• Address of the registered office or business premises;
• Telephone number and email address.

2.3. Account Verification
The Bio Bairro Marketplace Management Team reserves the right to verify the information provided and to request additional documentation, such as certificates of company registration or proof of identity. Failure to provide such documents may result in the suspension or refusal of registration.

2.4. Responsibility for Access Details
The seller undertakes to keep their access credentials (username and password) confidential and to ensure that only authorised persons access the account. Any unauthorised use must be reported immediately 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 the event of a breach of these Terms of Use, fraudulent activities or behaviour that undermines the platform’s operation or the buyers’ experience.

3. Seller’s Obligations
3.1. Legal Authorisation to Trade
The seller warrants that they are legally authorised to carry out sales activities and that they comply with all legal and tax obligations applicable to their business, including compliance with commercial, consumer protection and personal data protection legislation. The provision of false or inaccurate information regarding the legal authorisation to carry out sales activities will result in the closure of the relevant seller’s account, without prejudice to any criminal or civil liability that may be established by the competent authorities.

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 accurately represent the product;
• Sale price (including applicable taxes and charges).

3.3. Stock Management
The seller is responsible for ensuring that the products listed on the platform are in stock. In the event of a stock shortage, the seller must update or remove the product from the platform immediately.

3.4. Prices and Taxes
The prices displayed by the seller must include all legally applicable taxes, such as VAT. The price of products may not be altered after an order has been placed, unless expressly agreed with the buyer.

3.5. Sales, Promotions and Clearance Sales
Activities relating to sales, promotions and clearance sales are also the responsibility of the Seller, in accordance with Decree-Law No. 70/2007 of 26 March and other applicable legislation. Sellers must ensure that all offers and promotions comply with applicable legislation and that information relating to such offers is clearly presented to Buyers. The Seller is responsible for informing Buyers of the specific terms and conditions governing each promotion or sale, including the duration of the offer and any applicable restrictions.

3.6. Invoicing
The Seller is responsible for invoicing products purchased via the Bio Bairro Marketplace, in accordance with Decree-Law No. 198/2012 of 24 August and other applicable legislation. The Seller must issue invoices in accordance with the legislation in force, ensuring that all necessary information is correctly included. Buyers must ensure that the details required for issuing the invoice are correctly provided at the time of purchase.

3.7. Product Conformity
The Seller guarantees that the products sold comply with the specifications described on the platform and that they meet all applicable safety and quality standards, in accordance with current legislation.

3.8. Packaging and Dispatch
The seller is responsible for packaging the products appropriately to prevent damage during transit. Dispatch must be carried out in accordance with the deadlines and methods indicated on the platform, using the agreed delivery services.

4. Order Management and Delivery
4.1. Receipt and Confirmation of Orders
The seller undertakes to check and confirm the availability of products within a maximum of 24 hours of receiving an order. Confirmation must be made via the platform and, from that point onwards, the order must be processed and prepared for dispatch.

4.2. Delivery Times
The seller must comply with the delivery times specified at the time of purchase. In the event of a delay exceeding 7 working days, the buyer is entitled to cancel the order and request a refund, in accordance with Decree-Law No. 24/2014 of 14 February. The seller must keep the buyer informed of any delay in delivery.

4.3. Delivery Charges
Delivery charges will be clearly stated at the time of purchase, and the seller must ensure that these figures are accurate and transparent. Delivery charges are borne by the buyer, unless otherwise agreed.

5. Returns and Refunds Policy
5.1. Right of Withdrawal
Under Decree-Law No. 24/2014 of 14 February, the buyer has the right to withdraw from the purchase within 14 days of the date of receipt of the product, without having to give 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 when they were received, showing no signs of use and in their original packaging. The seller must check the condition of the product before processing the refund.

5.3. Return Costs
If the return is due to a product defect or a delivery error, the return costs will be borne by the seller. Otherwise, the buyer may be liable for these costs, in accordance with the agreed terms.

5.4. Refunds
Refunds will be made via the same payment method used by the buyer. The seller must ensure that the refund is processed within the statutory time limits and in accordance with the platform’s policies.

6. Complaints and Dispute Resolution
6.1. Buyer Complaints
The seller undertakes to respond to complaints from buyers within a maximum of 8 working days. (Suggestion: Repeated or gross failure to fulfil the duty to respond to complaints may lead to the seller’s exclusion from the platform).

6.2. Out-of-Court Dispute Resolution
In the event of a dispute between the seller and the buyer, the parties shall endeavour to resolve the dispute amicably or resort to alternative dispute resolution mechanisms, as provided for in Law No. 144/2015 of 8 September, in accordance with the provisions of Law No. 24/96 of 31 July. As a last resort, the courts shall have jurisdiction to resolve the dispute.

7. Data Protection and Privacy
7.1. Processing of Personal Data
The seller undertakes to comply with all obligations set out in the General Data Protection Regulation (GDPR) and in Law No. 58/2019, ensuring the privacy of buyers’ personal data. The data collected shall be used exclusively for the purposes of delivery and communication relating to the order.

7.2. Information Security
The seller is responsible for taking all appropriate technical and organisational measures to protect buyers’ personal data against unauthorised 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. The seller may not use the platform’s content for commercial purposes without the express authorisation of the Marketplace Bio Bairro platform 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. Amendments to the Terms and Conditions of Use
The Management Team of the Marketplace Bio Bairro platform reserves the right to amend these Terms and Conditions of Use at any time, giving sellers prior notice. The amendments shall come into force within 15 days of notification, and the seller’s continued use of the platform shall be deemed acceptance of the new terms.

10. Applicable Law and Competent Jurisdiction
These General Terms and Conditions of Use (GTC) are governed by Portuguese law. For any dispute arising from the interpretation or enforcement of these terms, the parties may bring proceedings before the competent courts of the District of Coimbra, where the CNIACC – National Centre for Information and Arbitration of Consumer Disputes is located, which shall serve as our reference centre.
In addition, consumers have access to various Alternative Dispute Resolution options, including:
• CIAB – Centre for Consumer Information, Mediation and Arbitration: CIAB
• CIMPAS – Centre for Insurance Information, Mediation and Ombudsman Services: CIMPAS

Consumers may also choose to use the online platform provided by the European Union to lodge complaints regarding disputes. The Commercial District Management Team provides information on how to exercise your right to lodge a complaint with an official, impartial body that is independent of the proceedings. If you are not satisfied with the purchase of a good or service, or with the proposed solution, you can visit the official European Union ODR Platform website to submit your complaint.