General Terms and Conditions of Use
Preamble
The Bio Bairro Marketplace is a digital platform managed by the Municipality of Idanha-a-Nova. Its purpose is to promote local commerce by providing a digital interface that connects sellers and buyers. These terms and conditions define the conditions of use for 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 Bio Bairro Marketplace will be governed by that seller’s General Terms and Conditions of Sale. These terms may be supplemented by these General Terms and Conditions of Use, ensuring a transparent and secure transaction for both parties, in accordance with Portuguese law.
1.Purpose
These Terms of Use are intended to govern the rights, duties, and responsibilities of users (sellers and buyers) who use the Bio Bairro Marketplace as a tool for facilitating commercial transactions.
2.Definitions
The terms listed below have the meanings defined hereunder in these terms, and may be used in either the singular or plural form:
BackOffice: This is the interface that allows the Seller to access the area where they can set up their store, manage their product catalog and orders, create discount coupons, track their activity, manage payments, and access relevant statistical data to monitor sales;
Management Team: Consisting of the Bio Bairro Manager and the Support Technician, who facilitate the connection between Sellers and Customers for the online sale of Products and Services;
Store: An online space on 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 listings 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 Bio Bairro Manager facilitates connections between Sellers and Customers for the online sale of Products and Services;
Content: All information, descriptions, technical product specifications, 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 Bio Bairro Manager offers to Users on the Marketplace, such as managing and approving products and categories to be listed on the Marketplace; approving discount coupons; managing and supporting merchants participating in the Marketplace; General Terms of Use (GTU): These terms govern the use of the Marketpplace by any User;
Marketplace Commercial Terms or Commercial Terms: A set of terms that govern the Marketplace’s commercial practices and supplement the Sales Agreement in the event that the Seller’s General Terms and Conditions are non-compliant or incomplete;
Seller’s Store: The space that the Bio Bairro Manager assigns to the Seller on the Marketplace so that the Seller can present their business, along with its respective Products and Services, to Customers;
Product: Any physical good or service sold on the Marketplace by Sellers;
Order: A purchase of any Product and/or Service from the Seller, made by the Customer through the Marketplace;
Provision of Services: Refers to any provision of services offered on the Marketplace;
Seller’s General Terms and Conditions of Sale: These are the General Terms and Conditions of Sale to which the Seller is subject when selling their Products through the Marketplace. The Seller may provide specific General Terms and Conditions of Sale provided that they are registered on the Marketplace and their terms include all required information.In the event of any omission or contradiction, the Seller’s General Terms and Conditions of Sale may be supplemented by the Commercial Terms;
Customer Area: This is the interaction area provided by the Bio Bairro Marketplace where all data provided by the User is gathered, allowing the User to manage their orders, view their purchase history, and update their information. Access to the Customer Area is granted using the User’s credentials. This information is used to log in and place orders/make purchases;
Credentials: These consist of the User’s email address and the password chosen by the User, which are required to access the respective Customer Area on the Marketplace.
3.Registration and Access to the Platform
3.1. Eligibility
Access to and use of the platform are reserved for users of legal age who have full legal capacity to conduct commercial transactions.
3.2. User Types and Access Levels
Bio Bairro Manager: The manager has full access to the platform and is responsible for administering all shops registered in their geographical area. Their duties include:
Creating and editing all shops registered on the Marketplace;
Providing support and training to sellers on the tools available on the platform;
Monitoring shop performance and ensuring they comply with the platform’s standards.
Seller: The seller is a local trader or registered business that uses the platform to offer their products. Their access level allows them to:
Create and edit their own shop and product catalogue;
Track their orders and interact directly with buyers;
Access sales statistics, such as performance reports and transaction details.
Buyer: The buyer is the end user who purchases products via the platform. Their level of access allows them to:
Register a customer account to make purchases;
View their order history and the status of their orders;
Update their personal details and communication preferences;
Rate the products purchased and the performance of sellers.
3.3. Account Creation
The user, whether a seller or a buyer, must create an account on the platform by providing accurate and complete personal and business details, such as name, address, email address and tax identification number (NIF). The user undertakes to keep this information up to date.
3.4. Confidentiality of Login Details
Login details (username and password) are personal and non-transferable. The user is responsible for ensuring the confidentiality of these details and is fully liable for all activities carried out on their account.
3.5. Account Suspension and Termination
The Platform Management Team reserves the right to suspend or terminate the account of any user who breaches these Terms of Use or who is involved in fraudulent or illegal activities. The user will be notified in writing and will have the right to appeal against the decision.
4. Seller’s Obligations
4.1. Legal Authorisation
The seller declares that they are legally authorised to carry out commercial activities and to sell the products offered on the platform, and guarantees that they comply with all applicable laws and regulations.
4.2. Product and Stock Management
The seller is responsible for keeping the description and availability of their products up to date, ensuring that the advertised products are available for delivery. If they are unable to fulfil an order due to a lack of stock, they must immediately remove or update the listing on the platform.
4.3. Responsibility for Product Quality
The seller guarantees that the products supplied comply with the specifications set out on the platform, as well as with the laws applicable to product safety and quality.
4.4. Prices and Taxes
The prices displayed must include all applicable taxes, such as VAT, in accordance with Portuguese law. The seller undertakes not to alter the price of a product after an order has been confirmed, except in cases of obvious error or by express agreement with the buyer.
4.5. Sales, Promotions and Clearance Sales
Activities relating to sales, promotions and clearance sales are the responsibility of the Seller, who must comply fully with the provisions of Decree-Law No. 70/2007 of 26 March and other relevant 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.
4.6. 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 current legislation, ensuring that all necessary information is correctly included. Buyers must ensure that the details required for the issuance of the invoice are correctly provided at the time of purchase.
4.7. Packaging and Dispatch
The seller is responsible for packaging the products appropriately and ensuring they are dispatched within the stipulated timeframes, using the contracted delivery services. The products must be dispatched in accordance with transport regulations, with the aim of preventing damage during transit.
4.8. Customer Service
The seller undertakes to provide high-quality customer service to buyers, responding to their queries and complaints promptly and appropriately, in accordance with the conditions set out by the platform.
5. Obligations of the Buyer
5.1. Accuracy of Details
The buyer undertakes to provide correct and complete details at the time of registration and during the purchase process, in particular information relating to the delivery address and payment details.
5.2. Payment for Products
The buyer must ensure that payment for the products purchased is made in accordance with the payment methods available on the platform. The buyer will be informed of the final price and any delivery charges before the purchase is completed.
5.3. Receipt and Inspection of Products
Upon delivery, the buyer must check that the products received comply with the order. Should the buyer identify any defect or discrepancy, they must inform the seller via the platform within the time limits set for complaints.
5.4. 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. Buyers must ensure that the details required for issuing the invoice are correctly provided at the time of purchase.
6. Transactions and Deliveries
6.1. Order Processing
The Seller must process orders efficiently and within the agreed timeframes, sending a confirmation to the Buyer as soon as the order has been dispatched.
6.2. Delivery of Products
Delivery times vary depending on the method chosen by the buyer and are clearly indicated during the purchase process. In the event of delays, the seller must inform the buyer and the platform; the buyer may choose to cancel the order and receive a refund if the delay exceeds 7 working days.
6.3. Delivery Costs
Delivery costs are the responsibility of the buyer, except where it is explicitly stated that they are borne by the seller, or in the case of returns due to a fault.
7. Returns and Refunds
7.1. Right of Withdrawal
The buyer has the right to cancel the purchase and return the product (right of withdrawal) within 14 days of the date of receipt, without needing to provide a reason, in accordance with Decree-Law No. 24/2014 of 14 February. Return postage costs are the responsibility of the buyer, except in cases of defects or errors in dispatch.
7.2. Return Conditions
Returned products must be in the same condition as when they were received, showing no signs of misuse and in their original packaging, except in the case of manufacturing defects.
7.3. Refunds
The seller is responsible for processing the refund within a maximum of 14 working days of receiving the returned product, using the same payment method as the original transaction.
8. Complaints and Dispute Resolution
8.1. Complaints
The buyer may submit complaints regarding the non-conformity of products or the service provided by the seller via the platform. The seller must respond to the complaint within a maximum of 8 working days.
8.2. Out-of-Court Dispute Resolution
Disputes between the buyer and the seller shall preferably be resolved amicably or through alternative dispute resolution mechanisms, as provided for in Law No. 144/2015 of 8 september, pursuant to Article 14 of Law No. 24/96 of 31 July. In the absence of an out-of-court settlement or referral of the dispute to alternative dispute resolution mechanisms, the parties may bring the matter before the courts.
9. Data Security and Protection
9.1. Processing of Personal Data
Users’ personal data (sellers and buyers) is processed in accordance with the General Data Protection Regulation and Law (GDPR) No. 58/2019 of 8 August, solely for the purposes of providing the service, such as order management, product delivery and the resolution of complaints.
9.2. Information Security
The platform implements appropriate technical and organisational measures to protect personal data against unauthorised access, accidental loss and cyber-attacks.
10. Final Provisions
10.1. Amendments to the Terms and Conditions
The Management Team of the Marketplace Bio Bairro platform reserves the right to amend or update these Terms and Conditions, notifying users at least 15 days in advance of their entry into force.
10.2. Applicable Law
These Terms of Use are governed by applicable Portuguese law, namely the Civil Code, Decree-Law No. 24/2014, the General Data Protection Regulation and Law No. 58/2019 of 8 August. For any dispute arising from the interpretation or enforcement of these terms and conditions, the parties may refer the matter to CNIACC, which shall serve as the centre of reference. 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 Bio Bairro Management Team provides information on how to exercise your right to lodge a complaint with an official, impartial third party. 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.