Condições gerais de utilização para vendedores
Preamble
The Paiva Digital Marketplace, managed by the Commercial and Industrial Association of Castelo de Paiva, is a digital platform that aims to promote local commerce by 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 Conditions of Use (GCU), which regulate their rights, duties, and responsibilities as a platform user.
1. Purpose
These GCUs aim to define the conditions of access and use of the platform by sellers, regulate the sales process, order management, the relationship with buyers, and the seller’s legal responsibilities.
2. Registration and Platform Access
2.1. Eligibility
Sellers who are legal entities (companies) or self-employed individuals, duly registered and acting in accordance with Portuguese law, may register on the platform. Registration on the platform is mandatory to begin selling products.
2.2. Account Creation
The seller must create an account on the platform, providing accurate business information, including:
- Company name;
- Tax Identification Number (NIF);
- Address of headquarters or commercial establishment;
- Telephone contact and email.
2.3. Account Verification
The Management Team of the Paiva Digital Marketplace reserves the right to verify the information provided and request additional documentation, such as commercial registration certificates or identity proofs. Failure to provide documents may result in suspension or refusal of registration.
2.4. Responsibility for Access Data
The seller commits to keeping their access credentials (username and password) confidential and to ensure that only authorized persons access the account. Any unauthorized use must be immediately reported to the platform management team.
2.5. Account Suspension or Closure
A seller’s account may be suspended or closed by the platform in case of violation of these GCUs, fraudulent activities, or behaviors that harm the operation of the platform or the experience of buyers.
2.6. Activation of Payment Split for Payments
To activate payment splitting so that the buyer can make payments for their purchases, the seller must:
- a) Complete a fully filled excel form for seller identification with Merchant Identification (legal entity – company name, headquarters, corporate purpose, country of establishment, CAE, previous year’s business volume, and countries/zones of activity); Administrators; Holders of social participations >5%; Beneficial owners;
- b) Copy of the RCBE registration declaration;
- c) Copy of identification document of all beneficial owners;
- d) Permanent certificate;
3. Seller Obligations
3.1. Legal Authorization to Commercialize
The seller guarantees that they are legally qualified to conduct sales activities and that they comply with all legal and tax obligations applicable to their activity, including compliance with commercial law, consumer protection, and personal data protection legislation.
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 faithfully represent the product;
- Selling price (including applicable taxes and fees).
3.3. Stock Management
The seller is responsible for ensuring that products displayed on the platform are available in stock. In case of stock shortage, the seller must update or remove the product from the platform immediately.
3.4. Prices and Taxes
Prices presented by the seller must include all legally applicable taxes, such as VAT. Product prices cannot be changed after an order has been placed, except by express agreement with the buyer.
3.5. 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. Sellers must ensure that all offers and promotions comply with applicable law 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.
3.6. Invoicing
Invoicing for products purchased through the Paiva Digital Marketplace is the responsibility of the Seller, in compliance 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 necessary information for invoice issuance is correctly provided at the time of purchase.
3.7. Product Compliance
The seller guarantees that the products sold comply with the specifications described on the platform and meet all applicable safety and quality standards under current law.
3.8. Packaging and Shipping
The seller is responsible for packaging products appropriately to prevent damage during transport. Shipping must be done according to the timeframes and methods indicated on the platform, using the agreed delivery services (e.g., CTT Expresso).
4. Order Management and Delivery
4.1. Order Receipt and Confirmation
The seller commits to verifying and confirming product availability within a maximum of 24 hours after receiving an order. Confirmation must be done through the platform, and from that moment, the order must be processed and prepared for shipment.
4.2. Delivery Timeframes
The seller must comply with the delivery timeframes indicated at the time of purchase. In case of delay exceeding 7 business days, the buyer has the right to cancel the order and request a refund, in accordance with Decree-Law no. 24/2014. The seller must keep the buyer informed of any delivery delays.
4.3. Shipping Costs
Shipping costs will be clearly indicated at the time of purchase, and the seller must ensure that these values are accurate and transparent. Shipping costs are borne by the buyer unless otherwise agreed.
5. Returns and Refunds Policy
5.1. Right of Withdrawal
Under Decree-Law no. 24/2014, the buyer has the right to cancel the purchase within 14 days from the date of product receipt without needing to provide 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 received, without signs of use and in original packaging. The seller must verify the condition of the product before processing the refund.
5.3. Return Costs
If the return occurs due to a product defect or delivery error, return costs will be borne by the seller. Otherwise, the buyer may be responsible for these costs, in accordance with the agreed conditions.
5.4. Refunds
The refund will be made through the same payment method used by the buyer. The seller must ensure that the refund is processed within the legal timeframes and in compliance with platform policies.
6. Complaints and Dispute Resolution
6.1. Buyer Complaints
The seller commits to responding to buyer complaints within a maximum of 8 business days. If the seller cannot resolve the matter satisfactorily, the Management Team of the Paiva Digital Marketplace platform may intervene and decide on the matter, reserving the right to refund the buyer directly and deduct the amount from the seller’s account.
6.2. Out-of-Court Dispute Resolution
In case of a dispute between the seller and the buyer, the parties should seek to resolve the conflict amicably or resort to alternative dispute resolution mechanisms, as provided in Decree-Law no. 144/2015. As a last resort, the competent courts of Soure may be approached.
7. Data Protection and Privacy
7.1. Processing of Personal Data
The seller commits to complying with all obligations provided for in the General Data Protection Regulation (GDPR) and Law no. 58/2019, ensuring the privacy of buyers’ personal data. Collected data must be used exclusively for delivery and communication purposes related to the order.
7.2. Information Security
The seller is responsible for adopting all appropriate technical and organizational measures to protect buyers’ personal data against unauthorized access, loss, or destruction.
8. Intellectual Property
8.1. Platform Contents
All content on the platform, including texts, images, logos, and design, is protected by copyright. The seller cannot use platform content for commercial purposes without express authorization from the Management Team of the Paiva Digital Marketplace platform.
8.2. Seller’s Intellectual Property
The seller is responsible for ensuring that the content they publish on the platform (images, product descriptions, brands) does not violate the intellectual property rights of third parties.
9. Changes to the GCU
The Management Team of the Paiva Digital Marketplace platform reserves the right to modify these GCUs at any time, notifying sellers in advance. Changes take effect within 15 days after notification, and the seller’s continued use of the platform will be considered acceptance of the new conditions.
10. Applicable Law and Competent 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 Aveiro.
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 use the online platform provided by the European Union to file complaints about disputes. The Commercial District Management Team provides information on how to exercise the right to complain to an official, impartial third-party body. If you are not satisfied with a purchase or the proposed solution, you may access the official EU ODR Platform to submit your complaint.