General Terms and Conditions of Use for Buyers
Preamble
The BairrocomercialChaves Marketplace, managed by the Municipality of Chaves, is a digital platform that allows registered buyers to purchase products from registered professional sellers. Transactions are carried out directly between the buyer and the seller, with the Vila Marketplace acting solely as an intermediary, facilitating the process through the technological tools provided by the platform.
By using the platform, the buyer fully accepts these General Conditions of Use (GCU), which aim to regulate the rights, duties, and responsibilities of buyers.
Purpose
These GCUs regulate the use of the BairrocomercialChaves Marketplace by buyers, describing the conditions of access, purchase, payment, and product receipt, as well as defining their obligations and rights in accordance with applicable legislation.
Registration and Access to the Service
Eligibility and Registration
Access to the platform is reserved for individuals of legal age acting as end consumers (under Law no. 24/96, of 31 July), or duly registered companies. To access the service, the buyer must create an account, providing true and complete information.
Access Data
The buyer is responsible for keeping their access data (username and password) confidential. In the event of loss or unauthorized use, the buyer must immediately notify the platform to prevent any fraudulent use of the account.
Account Suspension or Closure
The Management Team of the BairrocomercialChaves Marketplace platform may suspend or close a buyer’s account if there is a violation of these GCUs, including fraudulent behavior, bad faith in reviews, or failure to meet payment obligations.
Service Operation
Product Search and Purchase
Buyers can search for products in different categories on the platform using search filters and sorting options to find products suited to their needs. After selecting the desired product, the buyer can add the item to the cart and proceed with the purchase process.
Interaction with Sellers
The platform allows buyers to contact sellers directly through a messaging system to clarify doubts or obtain additional information about products. Communication must be carried out in good faith and in compliance with the established code of conduct.
Completion of Purchase
The buyer must verify all information related to the purchase (product, quantity, price, and delivery address) before confirming the order. Order confirmation implies acceptance of the general conditions of sale (GCS) and the seller’s specific conditions.
Payment and Costs
Price and Taxes
The total purchase price will be presented in euros (€), including all applicable taxes (e.g., VAT) and any shipping costs. The buyer will be clearly informed of the total amount before finalizing the purchase.
Payment Methods
The platform offers various payment options, such as credit cards, debit cards, and bank transfers. All payments are processed through secure systems with data encryption, ensuring the protection of the buyer’s financial information.
Shipping Costs
Shipping costs vary according to the shipping location and delivery method chosen. The allocation and definition of these costs are the responsibility of the seller and will be presented to the buyer before order confirmation.
Product Delivery
Delivery Timeframes
The delivery timeframe is determined by the seller and depends on the method chosen by the buyer. This information will be presented at the time of purchase. Delivery will be made to the address provided by the buyer, who must ensure that the delivery details are correct.
Product Receipt and Verification
After delivery, the buyer must verify that the products are in accordance with the order. If any defect or error in the order is identified, the buyer must report the situation through the platform within 14 days of receipt.
Returns and Refunds
Right of Withdrawal
Under Decree-Law no. 24/2014, the buyer has the right to terminate the purchase within 14 days from the date of receipt of the product, without having to justify the decision. To exercise this right, the buyer must communicate their intention through the platform.
Return Conditions
Returned products must be in the same condition as received, without signs of use and in the original packaging. The seller is responsible for accepting the return and issuing the refund within a maximum of 14 days after receipt of the returned product.
Refund
The refund will be made using the same payment method used in the purchase, unless otherwise agreed. Return shipping costs may be borne by the buyer, except when the return is due to a defect or error in the product.
Buyer Responsibilities
Accuracy of Information
The buyer undertakes to provide true and complete information during the registration and purchase process, in particular regarding the delivery address and payment data.
Compliance with the GCU and GCS
The buyer must comply with these GCUs and the General Conditions of Sale (GCS) established by the seller. Any breach may result in account suspension or closure.
Complaints and Dispute Resolution
Complaints
The buyer may submit complaints related to product quality or the service provided by the seller through the platform. The Management Team may intervene as a mediator to facilitate dispute resolution but does not assume direct responsibility for the seller’s fulfillment of obligations.
Out-of-Court Dispute Resolution
In the event of a dispute between buyer and seller, the parties are encouraged to use the Alternative Dispute Resolution mechanisms provided for in Decree-Law no. 144/2015, which regulates mediation and arbitration of consumer disputes. If an amicable resolution is not possible, the parties may resort to the competent courts.
Intellectual Property
Platform Content
All content on the platform, including texts, graphics, logos, images, and design, is protected by copyright and related rights under the Copyright and Related Rights Code. The use of such content without authorization is strictly prohibited.
Final Provisions
Changes to the GCU
The Management Team of the Vila Marketplace platform reserves the right to amend these GCUs at any time, notifying users of the changes electronically or through the platform. Continued use of the platform after publication of the changes will be considered acceptance of the new conditions.
Applicable Law and Jurisdiction
These General Conditions of Use (GCU) are governed by Portuguese law. For any dispute arising from the interpretation or execution of these conditions, the parties may resort to the competent courts of the District of Vila Real. Additionally, consumers have access to several Alternative Dispute Resolution entities, including:
- CNIACC – National Center for Consumer Conflict Information and Arbitration: CNIACC
- 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 submit complaints regarding disputes. The District Management Team provides information on how to exercise the right to complain before an official, impartial, third-party body. If you are not satisfied with the purchase of a good or service or with 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.
