General Terms and Conditions of Use

Preamble

The BairrocomercialChaves MarketPlace is a digital platform managed by the Municipality of Chaves. The objective is to foster local commerce by providing a digital interface that connects sellers and buyers. The general conditions of use of the platform define the rights and responsibilities of sellers and buyers, as well as the legal obligations governing the use of the platform.

Any product sale made by a seller through the BairrocomercialChaves MarketPlace will be governed by that seller’s General Conditions of Sale (GCS). These conditions may be complemented by the present General Conditions of Use, ensuring a transparent and secure transaction for both parties in compliance with Portuguese law.

Purpose

These GCUs aim to regulate the rights, duties, and responsibilities of users (sellers and buyers) using the BairrocomercialChaves MarketPlace as a tool for mediating commercial transactions.

Definitions

The following terms have the meanings described below and may be used in singular or plural form:

BackOffice: It is the interface that enables the Seller to access the area where they can configure their store, manage their product catalog and orders, create discount coupons, monitor their activity, manage payments, and access relevant sales statistics
Management Team: Consisting of the District Manager, Support Technicians, and the company contracted for platform development that facilitate the connection between Sellers and Customers for online sales of Products and Services;
Store: Online space on the Marketplace available to one or more sellers for selling Products and Services;
Customer: any person accessing 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 accessing and browsing the Marketplace;
Marketplace: denotes the online platform available through the website where the Management Team facilitates the connection between Sellers and Customers for online sales of Products and Services;
Content: All information, descriptions, technical specifications of products, logos, brands, illustrations, photographs, data, and in general all elements and content provided by the Seller and published on the Marketplace;
Functionalities: include the services offered by the Management Team to Users on the Marketplace, such as managing and approving products and categories to list on the Marketplace; approving discount coupons; managing and supporting merchants registered on the Marketplace;
General Conditions of Use or GCU: these conditions, available in the footer, are intended to regulate the use of the Marketplace by any User;
Commercial Conditions of the Marketplace or Commercial Conditions: Set of conditions regulating the commercial practices of the Marketplace and complementing the Sales Contract if the Seller’s GCS are non-compliant or incomplete;
Seller’s Store: Space assigned by the Management Team to the Seller on the Marketplace so they can present their company and 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;
Service Provision: Refers to any service offered on the Marketplace;
Seller’s GCS: General Conditions of Sale to which the seller is subject in the commercialization of their Products on the Marketplace. The Seller may provide specific GCS provided they are registered on the Marketplace and their conditions include all mandatory information. In case of gaps or contradictions, the Seller’s GCS may be complemented with the Commercial Conditions;
Customer Area: It is the interaction area provided by the Vila Marketplace where all data provided by the User is gathered, allowing them to manage their orders, view their purchase history, and change their data. Access to the Customer Area is granted through User credentials. Data is used for login and making purchases/orders;
Credentials: Consist of the User’s email address and password chosen by them, necessary to access the respective Customer Area on the Marketplace.

Registration and Platform Access

Eligibility

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

Types of Users and Access Levels

Management Team: The management team has full access to the platform and is responsible for administering all registered stores in their geographic area. Their functions include:
- Creating and editing all registered stores on the Marketplace;
- Offering support and training to sellers on available platform tools;
- Monitoring store performance and ensuring compliance with platform standards.
Seller: The seller is a local business or registered company that uses the platform to offer their products. Their access level allows:
Creating and editing their own store and product catalog;

- Tracking their orders and interacting directly with buyers;
- Accessing sales statistics such as performance reports and transactions.

Buyer: The buyer is the end user who purchases products through the platform. Their access level allows:

- Registering a customer account to make purchases;
- Viewing order history and order status;
- Changing their personal data and communication preferences;
- Evaluating purchased products and seller performance.

Account Creation

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

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 conducted through their account.

Account Suspension and Cancellation

The Platform Management Team reserves the right to suspend or close the account of any user who violates these GCUs or is involved in fraudulent or illegal activities. The user will be notified in writing and has the right to appeal the decision.

Seller Obligations

Legal Authorization

The seller declares they are legally qualified to conduct commercial activities and sell the products offered on the platform, ensuring they comply with all applicable laws and regulations.

Product and Stock Management

The seller is responsible for keeping the description and availability of their products updated, ensuring advertised products are available for delivery. If unable to fulfill an order due to stock shortage, the seller must immediately remove or update the offer on the platform.

Product Quality Responsibility

The seller guarantees that products provided comply with the specifications presented on the platform as well as applicable laws regarding product safety and quality.

Prices and Taxes

Prices presented must include all applicable taxes, such as VAT, in accordance with Portuguese law. The seller commits not to change a product’s price after order confirmation except in cases of obvious error or express agreement with the buyer.

Sales, Promotions, and Clearances

Activities related to sales, promotions, and clearances are also the responsibility of the Seller as provided in Decree-Law no. 70/2007, of March 26, in its current wording. 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.

Invoicing

Invoicing for products purchased through the Vila Marketplace is the responsibility of the Seller, in compliance with Decree-Law no. 198/2012, of August 24, in its current wording. The Seller must issue invoices in accordance with current legislation, ensuring all necessary information is correctly reflected. Buyers must ensure the necessary data for invoice issuance is correctly provided at the time of purchase.

Communication of Information to the Bank of Portugal

In compliance with Instruction no. 27/2012, of September 17, the Vila Marketplace, in partnership with sellers, commits to fulfilling the requirements for communicating statistical information to the Bank of Portugal. This process covers 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 all transactions are properly recorded and reported if applicable rules require it.

Packaging and Shipping

The seller is responsible for properly packaging products and ensuring shipment within the specified timeframes using the contracted delivery services. Products must be sent in accordance with transport regulations with the aim of preventing damage during transport.

Customer Service

The seller commits to providing quality customer service, responding to buyer inquiries and complaints promptly and appropriately in accordance with conditions established by the platform.

Buyer Obligations

Accuracy of Data

The buyer commits to providing accurate and complete data at the time of registration and during the purchase process, including information related to delivery address and payment data.

Product Payment

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

Product Receipt and Verification

After delivery, the buyer must verify that received products comply with the order. If the buyer identifies any defect or discrepancy, they must inform the seller through the platform within the specified complaint periods.

Invoicing

Invoicing for products purchased through the Vila Marketplace is the responsibility of the Seller in compliance with Decree-Law no. 198/2012, of August 24, in its current wording. Buyers must ensure the necessary data for invoice issuance is correctly provided at the time of purchase.

Transactions and Deliveries

Order Processing: The seller must process orders efficiently and within agreed timeframes, sending confirmation to the buyer as soon as the order is dispatched.

Product Delivery

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

Shipping Costs

Shipping costs are the buyer’s responsibility unless explicitly indicated that they are covered by the seller or in cases of returns due to defects.

Returns and Refunds

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 need to provide justification, as per Decree-Law no. 24/2014, of February 14, in its current wording. Return costs are the buyer’s responsibility except in cases of defect or shipping error.

Return Conditions

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

Refunds

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

Complaints

The buyer may file complaints related to product non-compliance or 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 management team may intervene.

Out-of-Court Dispute Resolution

Disputes between buyer and seller shall preferably be resolved amicably or through alternative dispute resolution mechanisms as provided in Decree-Law no. 144/2015. In the absence of agreement, the parties may resort to the competent courts of Vila Real district.

Security and Data Protection

Processing of Personal Data

Users’ personal data (sellers and buyers) is processed in compliance with the General Data Protection Regulation (GDPR) and Law no. 58/2019, of August 8, exclusively for the purposes of service execution such as order management, product delivery, and complaint resolution.

Information Security

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

Final Provisions

Changes to the GCU

The Management Team of the BairrocomercialChaves Marketplace platform reserves the right to modify or update these GCUs, notifying users with a minimum of 15 days’ notice before their application.

Applicable Law

These GCUs are governed by applicable Portuguese legislation, 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 CNIACC – National Center for Consumer Conflict Information and Arbitration which serves as our reference center. Additionally, consumers have access to various Alternative Dispute Resolution options, including:

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

Consumers may also choose to use the online platform provided by the European Union to file complaints about disputes. The Digital District Management Team provides information on how to exercise the right to file a complaint with an official, impartial, third-party body. If you are not satisfied with the purchase of a good or service or the proposed solution, you may access the official EU ODR Platform to submit your complaint.

The following legislation also applies: DL 7/2004, DL 24/2014, GDPR, DMA, and e-commerce rules.