Condições Gerais de Utilização

Preamble

The Paiva Digital Marketplace is a digital platform managed by the Commercial and Industrial Association of Castelo de Paiva with the aim of promoting e-commerce within the Digital Commercial District Paiva Digital, allowing participating merchants to sell their products on the Paiva Digital Marketplace.

Businesses located within the area covered by the Digital Commercial District and legally established in compliance with current regulations may join the Paiva Digital project.

This regulation defines the terms of use of the platform, 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 Paiva Digital 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.

1. Definitions

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

BackOffice: the interface enabling 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 and Support Technician, facilitating communication between Sellers and Customers for online sales of Products and Services;
Store: Online space on the Marketplace available to one or more sellers to sell 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 District Manager facilitates connections between Sellers and Customers for online sale of Products and Services;
Content: All information, descriptions, technical specifications of products, logos, brands, illustrations, photos, data, and in general all elements and content provided by the Seller and published on the Marketplace;
Functionalities: include the services offered by the District Manager to Users on the Marketplace such as managing and approving products and categories, approving discount coupons, managing and supporting merchants registered on the Marketplace;
General Conditions of Use or GCU: these conditions, available in the footer, regulate the use of the Marketplace by any User; Commercial Conditions of the Marketplace: the set of conditions regulating 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 District Manager to the Seller on the Marketplace to showcase their business 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: Seller’s General Conditions of Sale that govern the commercialization of their Products on the Marketplace. The Seller may provide specific GCS if registered on the Marketplace and those conditions include all obligatory information. In case of gaps or contradictions, the Seller’s GCS may be complemented with the Marketplace Commercial Conditions;
Customer Area: the interaction area provided by the Paiva Digital Marketplace where the User’s data is gathered, allowing them to manage their orders, view their purchase history, and edit their personal data. Access to the Customer Area is granted by login credentials. The data is used for logging in and making purchases;
Credentials: consist of the User’s email address and password, required to access the respective Customer Area on the Marketplace.

2. Purpose

These GCUs aim to regulate the rights, duties, and responsibilities of users (sellers and buyers) using the Paiva Digital Marketplace as a platform for mediating commercial transactions.

The Paiva Digital project aims to:

Promote participating businesses and services and strengthen community engagement through digital technologies;
Create a digital interface through an online marketplace, enabling businesses to offer products and services digitally and facilitate online transactions;
Provide interactive tools such as digital billboards and platforms that grant access to information and offers from Castelo de Paiva’s local businesses;
Support digital transformation of participating establishments by integrating resources such as free Wi-Fi, interactive billboards, an augmented reality platform, and a dedicated mobile app;
Provide digital lockers that facilitate delivery and collection logistics for buyers and sellers within the district perimeter.

3. Project Components

3.1 Interactive Billboards (MUPIs)

The interactive billboards provide the following features:

Promotion of offers and deals from participating businesses and services;
Display of useful information such as events, news, and weather alerts;
Access to information on municipal services and events in Castelo de Paiva;
Community interaction through augmented reality for an engaging and innovative experience.

The interactive billboards will be available free of charge for participating businesses, with limited space for advertising and information.
Display of promotions will be managed by the District Management Team, which reserves the right to moderate content to ensure compliance with the project’s objectives.
Each establishment is entitled to one monthly entry in the interactive billboards. Content will be distributed by the District Management Team as long as it complies with established guidelines.

3.2 Website and Mobile Application

The online platform and mobile application allow registered businesses to offer their products, services, and promotions and communicate directly with customers.

Access is granted to registered participants with dedicated spaces for managing products, orders, and customer interactions.

Establishments are responsible for the accuracy of their information and for keeping data up to date.

3.3 Free Wi-Fi

Free Wi-Fi coverage will be expanded in the commercial areas of the district, allowing easy access to information and services offered by the project.

The free Wi-Fi network will be available to all visitors in covered areas. Use of this network must comply with fair use and privacy policies.

3.4 Digital Lockers

Digital lockers will be installed in strategic locations to facilitate delivery and pickup of purchased goods, both in person and online.

Participating businesses may use the digital lockers as collection points for orders and must guarantee product availability within the agreed timeframe.

3.5 Augmented Reality

The augmented reality platform will provide an engaging digital experience for users interacting with their environment, promoting an innovative and immersive atmosphere.

4. Registration and Access to the Platform

4.1. Eligibility

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

4.2. Types of Users and Access Levels

District Manager:

The manager has full access to the platform and is responsible for overseeing all stores within their district, including:
- Creating and editing all registered stores in the Marketplace;
- Providing support and training to sellers on platform functionalities;
- Monitoring store performance and ensuring compliance with platform rules.

Seller:

The seller is a local business or registered company that uses the platform to offer products. Their access level allows them to:

- Create and edit their own store and product catalog;
- Track their orders and interact directly with buyers;
- Access sales statistics and transaction reports.

Buyer:

The buyer is the end-user purchasing products through the platform. Their access level allows them to:
- Register an account for purchases;
- View order history and order status;
- Modify personal data and communication preferences;
- Review acquired products and sellers’ performance.

4.3. Account Creation

The user, whether seller or buyer, must create an account providing accurate and complete personal and business data such as name, address, email, and tax ID (NIF). The user must keep this information updated.

4.4. Confidentiality of Access Data

Login credentials (username and password) are personal and non-transferable. The user is responsible for maintaining their confidentiality and will be fully liable for all activities carried out under their account.

4.5. Account Suspension and Cancellation

The management team reserves the right to suspend or terminate any account if the user violates these GCUs or engages in fraudulent or illegal activity. The user will be notified in writing and has the right to appeal the decision.

5. Seller Obligations

5.1. Legal Authorization

The seller declares that they are legally qualified to operate commercially and sell the products offered on the platform, ensuring compliance with all applicable laws and regulations.

5.2. Product and Stock Management

The seller is responsible for keeping product descriptions and stock updated, ensuring advertised items are available for delivery. If unable to fulfill an order due to lack of stock, they must immediately update or remove the offer.

5.3. Product Quality Responsibility

The seller guarantees that products comply with the descriptions presented on the platform and applicable safety and quality laws.

5.4. Prices and Taxes

Displayed prices must include all applicable taxes such as VAT, following Portuguese law. Sellers must not alter the price after order confirmation unless due to an obvious error or explicit agreement with the buyer.

5.5. Sales, Promotions, and Clearances

Activities related to sales, promotions, and clearances are the seller’s responsibility per Decree-Law no. 70/2007. Sellers must ensure all promotions comply with legal requirements and are clearly presented. Sellers must inform buyers about specific terms governing each promotion, including duration and limitations.

5.6. Invoicing

Invoices for purchases made on the Paiva Digital Marketplace are the seller’s responsibility, in compliance with Decree-Law no. 198/2012. Sellers must issue invoices per current legislation, ensuring accuracy. Buyers must provide correct billing information at checkout.

5.6.1 Information Reporting to the Bank of Portugal

In compliance with Instruction no. 27/2012, of September 17, the Paiva Digital Marketplace, in cooperation with sellers, commits to fulfilling statistical information reporting obligations to the Bank of Portugal for transactions when required. Sellers and the management team must ensure transactions are recorded and reported as applicable.

5.7. Packaging and Shipping

The seller must properly package products and ensure shipment within the agreed timeframe, using designated carriers (e.g., CTT Expresso). Products must follow transport regulations to prevent damage.

5.8. Customer Service

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

6. Buyer Obligations

6.1. Accuracy of Data

The buyer must provide accurate and complete data during registration and purchase, including delivery address and payment information.

6.2. Product Payment

The buyer must ensure that payment for purchased products is made through methods available on the platform. The final price and any shipping fees will be disclosed before purchase confirmation.

6.3. Product Receipt and Inspection

Upon delivery, the buyer must verify that received products match the order. Any defect or deviation must be reported via the platform within the stated complaint period.

6.4. Invoicing

Invoicing is the responsibility of the Seller, per Decree-Law no. 198/2012. Buyers must ensure billing data is correctly provided at purchase.

7. Transactions and Deliveries

7.1. Order Processing

The seller must process orders efficiently within the agreed timeframe and notify the buyer once dispatched.

7.2. Product Delivery

Delivery times vary depending on the buyer’s selected method and are shown during checkout. In case of delays, the seller must notify both the buyer and the platform. If delays exceed 7 business days, the buyer may cancel and request a refund.

7.3. Shipping Costs

Shipping costs are the buyer’s responsibility unless explicitly covered by the seller or in cases of defective products.

8. Returns and Refunds

8.1. Right of Withdrawal

Buyers have the right to cancel and return a product within 14 days from receipt, without justification, in accordance with Decree-Law no. 24/2014. Return costs are borne by the buyer unless due to defect or shipping error.

8.2. Return Conditions

Returned products must be in their original condition without misuse and with original packaging, except in case of manufacturing defects.

8.3. Refunds

The seller must issue a refund within 14 business days after receiving the returned item, using the same payment method as the original purchase.

9. Complaints and Dispute Resolution

9.1. Complaints

The buyer may file complaints regarding product non-compliance or service quality via the platform. The seller must reply within 8 business days. If unresolved, the management team may intervene.

9.2. Out-of-Court Dispute Resolution

Disputes between buyer and seller shall preferably be settled amicably or through alternative dispute resolution mechanisms established under Decree-Law no. 144/2015. If no agreement is reached, the parties may turn to the competent courts of Aveiro.

10. Security and Data Protection

10.1. Processing of Personal Data

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

10.2. Information Security

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

11. Final Provisions

11.1. Changes to the GCU

The Management Team of the Paiva Digital Marketplace reserves the right to modify or update these GCUs, notifying users at least 15 days prior to enforcement.

11.2. Applicable Law

These GCUs are governed by Portuguese law, including the Civil Code, Decree-Law no. 24/2014, and the General Data Protection Regulation (GDPR). Any dispute arising from the interpretation or execution of these conditions shall be submitted to the competent courts of Aveiro. Consumers also have access to alternative dispute resolution bodies, 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 Mediation and Ombudsman Center: CIMPAS;

Consumers may also use the online platform provided by the European Union to file complaints regarding disputes. The District Management Team offers information on how to exercise the right to complain through an official, impartial third-party body. If dissatisfied with a purchase or resolution, users may visit the official EU ODR Platform to submit their claim.