Effective as of: April 20, 2020
comerciantes.pt hereby makes available to users (hereinafter, the “User” or “Users”) the comerciantes.pt website.
comerciantes.pt is a technology platform whose main activity is the development and management of a technology platform through which certain local stores in a number of territories can offer or include their products and/or services by means of a website (hereinafter, the “site”) and, in an ancillary manner, where applicable and if so requested through the site by users of the site and consumers of the said local stores, act as an intermediary in the purchase of the products.
comerciantes.pt has thus developed a Platform through which a variety of merchants, with which comerciantes.pt may have in place a commercial agreement for the use of the platform, offer and/or may include a selection of products and services. Customers can request the purchase and/or collection of products and services from such merchants. In such cases, comerciantes.pt acts as a mere intermediary and is therefore unable to assume, and does not assume, any responsibility for the quality of the products or for the proper provision of the services offered directly by the merchants or by such third parties.
In order to be a Customer of the Platform, it is essential that you meet the following requirements:
The User warrants that all the information regarding his/her identity and capacity provided to comerciantes.pt in the registration forms for the Platform is true, accurate and complete. In addition, the User undertakes to keep his/her details up to date.
If a User provides any false, inaccurate or incomplete information or if comerciantes.pt considers that there are well-founded reasons to doubt the truthfulness, accuracy or integrity of such information, comerciantes.pt may deny that User current or future access to, and use of, the Platform or any of its contents and/or services.
When registering on the Platform, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. In order to increase the security of accounts, comerciantes.pt recommends that users do not use the same login credentials as on other platforms. If a User uses the same login credentials as on other platforms, comerciantes.pt will be unable to guarantee the security of the account or ensure that the User is the only person logging into his/her profile.
Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details or of the services of the site that may be made by third parties, including the statements and/or contents entered on the Platform, or for any other action carried out under their username and/or password.
The user will be the sole owner of the content entered by him/her on the Platform. Furthermore, by registering on the Platform and agreeing to these Terms and Conditions, the User grants comerciantes.pt, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicize and exploit it in any way that may be deemed appropriate by comerciantes.pt, with or without any further communication to the User and without having to pay any amounts for such uses.
comerciantes.pt cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users undertake to inform comerciantes.pt immediately, using the communication channels made available by comerciantes.pt, if their credentials are stolen, disclosed or lost.
When a User who is registered as a Customer needs help with an errand, he/she must go to the online platform and request the service using the said electronic methods.
Customers are solely responsible for providing the correct addresses for delivery and collection on the Platform, and they therefore release comerciantes.pt from any liability for negligence or error in the delivery of the order as a result of the supply of incorrect addresses for collection and delivery. As a result of the foregoing, the Customer shall bear the cost arising from the provision of an incorrect address for collection and delivery on the Platform.
The Customer must provide all the information, in as much detail as possible, about the service to which the order relates and, if applicable, in relation to the product that he/she is buying. To do this, he/she may provide any comments he/she may deem useful in the “comments” section. The Customer will be in constant contact with the Merchant and may communicate with him/her at any time to ensure that he/she delivers out the mandate according to the Customer’s own instructions.
In order to facilitate direct communication with the Merchant and in the event of any incidents in the processing of the order and/or in order to inform of any changes thereto, comerciantes.pt makes available to users the Merchants’ contact allowing direct contact between the user and the Merchant while the order is being carried out. If a user wishes to contact the Merchant or comerciantes.pt after the order has been completed, he/she must use the Contact Page available on the Platform and contact customer service.
The Customer releases comerciantes.pt and the Merchant from any negligence or error in the indications given by the Customer for the purchase of the product ordered. As a result of this, the Customer shall bear the cost resulting from the provision on the Platform of incorrect indications regarding the products (such as an incorrect address or product).
If the Customer is not at the place agreed for delivery, the Merchant shall retain the product for 24 hours, or for 5 minutes in the case of perishable products. In addition, the Customer must bear 100% of the cost of the delivery service as well as the price of the product if one has been purchased or contracted through the Merchant at the Customer’s request, and will have to pay for another service in order to receive the products that were not delivered. The Merchant will in no event be liable for the deterioration or expiry of the product to which the order related.
Once the order has been completed, the Merchant shall give the Customer the paper receipt for the order and/or provide it by e-mail.
If a Customer wishes to return a product or make a claim about the provision of a service, without prejudice to comerciantes.pt’s ability as intermediary to take over the handling thereof, the party with ultimate liability shall always be the merchant at which the purchase was made. If the Customer obtains a refund for the purchase price, the merchant will decide how to make the refund (cash, credit card, store voucher, etc.). Therefore, the return of a product purchased by the Merchant pursuant to a mandate conferred by the Customer shall be subject to the merchant’s returns policy in any event.
The Customer must check the products delivered by the Merchant at the delivery address before signing and ratifying the mandate. The Customer (and/or the said third party) is thus responsible for checking that the service provided is adequate as well as, where applicable, for collecting enough evidence to prove that it was not.
In any event, the decision regarding whether a return is appropriate will lie with the merchant in each case. The Customer must therefore inform comerciantes.pt through the methods provided by comerciantes.pt for that purpose if a dispute arises.
Registration and use of the Platform is completely free for Customers.
The Customer only has to pay for each service requested through the Platform for his/her use thereof to order products, as well as for the delivery provided by the Merchant.
Payment for products and/or services offered on the Platform and sold in person stores and delivered to Customers in a deferred manner is temporarily made to comerciantes.pt’s partner EuPago via Multibanco service, who then sends it to the stores with which it has a commercial agreement in place. The associated establishments authorize comerciantes.pt’s partner EuPago to accept payment on their behalf.
Payment by Customers for products and/or services is received at comerciantes.pt’s partner EuPago through Multibanco. Multibanco is authorized to provide regulated payment services in all Portugal in which comerciantes.pt’s partner EuPago operates and are in compliance with the current legislation applicable to payment services for Platforms such as comerciantes.pt.
If the User has any problem with the progress of his/her order, he/she may contact directly the Merchant and as last resort comerciantes.pt’s customer service through the methods made available to Users on the Platform.
All the prices stated on the Platform are inclusive of any taxes that may be applicable based on the territory of Portugal from which the User operates and shall in any event be denominated in the currency in force in the territory from which the User operates.
In accordance with Clause 6 above, the prices applicable to each service shall be as published on the Platform, subject to the specific characteristics set forth above, and applied automatically at the last stage of the contracting process.
The Customer may be in direct contact with the Merchant, both when placing the order and during its delivery, to tell the Merchant which product is being ordered.
In accordance with the nature of the service offered by comerciantes.pt, the User is aware that, once a Merchant has voluntarily accepted an order, the execution of the purchase mandate is considered to have started, and the User may therefore no longer be entitled to withdraw the service request free of charge.
Without prejudice to the foregoing, cancellation fees may depend on the following factors;
The User may check the total cancellation fees for each order using the Platform’s “Cancel” button. The User will be shown the charge to be applied, based on the factors described above, in advance.
In the case of certain cities, it may not be possible to view the cancellation fees directly on the Platform. In such cases, the applicable cancellation fees will be those set forth in Annex II hereof.
In addition, if the Merchant has already purchased the product ordered or contracted a service at the time of cancellation, the user may ask the Merchant to return it. To that end, the User must pay the products’ full purchase price and delivery costs, as well as the cost of the return service. If the Merchant has been able to return the product, its value will be refunded to the User who, as mentioned above, must pay the cost of the two collection and delivery services as well as the return service. The return shall in any event be subject to the merchant’s return policies, and the Customer therefore states that he/she is aware that, in the case of perishable products (e.g. food), the return may not be possible and comerciantes.pt will therefore be entitled to charge him/her for both the product already purchased by the Merchant under his/her mandate and for the cost of the delivery service incurred.
If the Customer has given an incorrect delivery address for the products, he/she may enter a new address at any time provided that it is within the same city as the original order and this is a city in which comerciantes.pt provides its intermediation service. In such case, the Customer will be ordering a new service and agrees to be charged the appropriate amounts for the new delivery. If the address is in a different city from the one originally specified, this may not be modified for delivery in a new city, and the order will be cancelled, with the Customer bearing the resulting costs as provided in this clause.
comerciantes.pt reserves the right to cancel an order without having to provide a just cause. In the event of cancellation at comerciantes.pt’s instance, the User shall be entitled to a refund of the amount paid.
comerciantes.pt has official claim forms available to consumers, in the official languages of the countries in which comerciantes.pt operates, in relation to the service offered by it. Consumers may request the above-mentioned claim forms through comerciantes.pt’s customer service, and the option to access them will be sent automatically. The consumer’s e-mail must specify the exact location from which the request is being made, which must be the same as the place where the service is to be carried out. In the event of doubt, the claim should be made from the latter place.
If a User wants to know the composition and nutritional information of the products available on the Platform, he/she must contact each establishment directly (using the contact details provided by comerciantes.pt for the user’s convenience) in order to access full information about the products.
Once the Customer has selected one of the options, he/she can also complete the order by using the free-text space provided in order to include more detailed information or instructions for the Merchant who is to carry it out.
The Customer is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the products and/or services available on the Platform, are provided based on the information and documents supplied by the Merchants, and that comerciantes.pt is therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs.
Furthermore, the Customer accepts that all the products appearing on the comerciantes.pt platform are subject to availability and, in this regard, accepts the possibility that, while carrying out the order, the product and/or service may be found not to be available at the Merchant.
comerciantes.pt reserves the right to withdraw any product from its platform, as well as to modify the contents of its information sheet at any time, without thereby incurring any liability of any kind.
Users who place an order that includes the purchase and/or delivery of alcoholic drinks through the platform must be of legal age; i.e. 18 or older. When making an order that includes alcoholic drinks, the User confirms that he/she is at least 18 years old. The Merchant reserves the right to refuse the order for the purchase and/or delivery of alcohol to any person who is unable to prove that they are at least 18 years old.
This clause will apply in exactly the same way to any other similar product and/or service ordered by a User through the Platform that is reserved for over-18s under the current legislation.
In accordance with the current legislation, comerciantes.pt does not sell or advertise medicines for human use through the Platform.
In any event, comerciantes.pt will accept no responsibility for Users’ use of the products ordered in the Pharmacy section or be liable for the amounts and/or condition of the products dispensed at pharmacies.
In addition, the Platform may provide the pharmacy that dispenses the medicine ordered by the User with the latter’s username and phone number so that it can answer the User’s questions. This disclosure of data will in any event be subject to the User’s express and unambiguous authorisation in accordance with the applicable data protection legislation.
Animal parts or fluids; banned seeds, harmful plants; regulated plants or other organisms (including their by-products) which are endangered or whose trade is regulated by law as applicable in any case.
Unauthorised copies of books, music, films and other protected or licensed materials, including properly referenced copies; and unauthorised copies of software, video games and other protected or licensed materials, including from OEMs or other products that cause unsolicited messages to be sent.
Copies or imitations of designer products or other goods; items belonging to celebrities that would usually require authentication; false autographs; foreign currency; stamps; tickets; or other unauthorised goods.
Modems, chips or other devices for dismantling technical protection measures as well as on digital devices, including for unlocking iPhones.
Controlled substances, narcotics, illegal drugs and their paraphernalia, including psychoactive and vegetable drugs such as psychedelic mushrooms, as well as materials promoting their use; or legal substances such as plants and herbs presented in a form that suggests they should be ingested, inhaled, extracted or used in any other way that may result in the same use as an illegal substance, drug or component or that claims to have unproven health benefits.
Lottery tickets, bets, online betting site memberships/registrations, and related content. Permitted promotion of physical casinos.
Prescription drugs are not ordered/delivered.
Manuals, guides, information or equipment that infringes the law by damaging or fraudulently facilitating access to software, servers, websites or other protected property.
Organs or other body parts; body fluids; stem cells; embryos.
Materials, products or information that promotes illegal goods or facilitates illegal acts; goods not belonging to a person or which a person has no right to sell; goods produced in violation of third-party rights; goods infringing import, export or labelling restrictions; motor vehicles that are subject to transfer restrictions. You (the comerciantes.pt User) are solely and fully responsible for checking that all items are genuine and legal.
Devices aimed at obtaining satellite signals without payment, illegal products for modifying mobile phones and other equipment.
Photographs of, or objects from, a crime scene, such as personal belongings, associated with criminals or criminal acts.
Bulk sales of rare, scarce or valuable stones or materials.
Materials covered by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or other goods whose sale, export or transfer is restricted by law; artefacts, cave formations (stalactites and stalagmites);
Pyrotechnic items and related goods in markets in which their supply is regulated, as well as substances such as petrol or propane.
Radars, number plate holders, illegal traffic-modification devices and related products.
Firearms, ammunition and other items including, without limitation, firearms, knives that are either undetectable or easy to conceal, martial arts weapons, silencers, ammunition or ammunition magazines.
Foreign currency or currencies insured with precious metals, as well as banknotes, coins or any other valuable securities
Users are responsible for correctly entering their individual usernames and passwords, which must be non-transferable and sufficiently complex, and for not using the same username and password as on other platforms, all this in order to protect their account from fraudulent use by third parties not belonging to the platform.
Users shall refrain from using their profile and other Platform contents for illegal purposes or with illegal results that harm third-party rights and interests, or that may in any way damage, disable, affect or impair the Platform and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the Platform.
comerciantes.pt may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any of the opinions that may be issued by Users of the Platform, whose consequences shall be the sole responsibility of their issuers.
Any persons who breach the above obligations shall be liable for any loss or damage caused by them. comerciantes.pt will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.
In general, Users undertake, by way of example without limitation:
Users may deregister from the Platform by sending an e-mail through the Contact Page of the Platform.
Users are responsible for having in place the necessary services and equipment to browse the Internet and access the Platform. Users can report any incidents or problems accessing the Platform to comerciantes.pt using the contact channels made available to Users, and comerciantes.pt will analyse the incident and instruct the User on how to resolve it as quickly as possible.
comerciantes.pt does not control, and is not responsible for, the contents uploaded by Users through the Platform, and Users are solely responsible for the lawfulness of such contents.
comerciantes.pt will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control.
comerciantes.pt accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:
comerciantes.pt will not check the products sent or delivered through orders on the Platform. Both the User and the Merchant therefore release comerciantes.pt from any liability that might arise from the availability and/or transport of products requiring specific permissions or licences, or of products forbidden by any applicable legislation, as described (by way of example without limitation) in Clause 15 above. If comerciantes.pt becomes aware that the User and/or the Merchant is/are using the site to transport prohibited products, comerciantes.pt may launch an internal investigation to ascertain the facts, take any legal action that may be necessary and/or block the User or Merchant in question until the investigation has been completed. The measures available to comerciantes.pt include providing the authorities with data and information on the Users and Merchants.
comerciantes.pt rejects any liability for damages of any kind that may arise from Users’ illegal use of the Platform or due to the information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a User impersonating a third party in any kind of communication made through the Platform. In particular, comerciantes.pt accepts no responsibility for the use of the application or for any orders that may be made by a third party from the User’s account.
Notwithstanding the foregoing, comerciantes.pt reserves the right to fully or partly restrict certain Users’ access to the Platform, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware that the activity or the information stored is illegal or harmful to a third party’s rights or property. In this regard, comerciantes.pt may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. By making content available through the Platform, Users assign to comerciantes.pt all exploitation rights arising from the contents thus supplied.
comerciantes.pt therefore recommends that Customers always use common sense and their full attention when delegating an order to a particular Merchant.
By becoming members of the Platform, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the Platform or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against comerciantes.pt.
In addition, comerciantes.pt reserves the right to update, amend or delete the information contained on its Platform, at any time and without the need for prior notice, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto. comerciantes.pt does not guarantee the absence of errors or interruptions when accessing the Platform or its content, or that it will always be up to date. Notwithstanding the foregoing, comerciantes.pt shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.
comerciantes.pt is the owner or licensee of all intellectual and industrial property rights included on the Platform as well as of the contents that can be accessed through it. The intellectual property rights of the Platform, as well as the text, images, graphic design, browsing structure, information and contents included therein, are the property of comerciantes.pt, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication and transformation, in accordance with the Portuguese legislation on intellectual and industrial property rights.
In spite of the foregoing, comerciantes.pt may not be the owner or licence holder of content such as names or images, among others, of companies with which comerciantes.pt does not have a business relationship. In such cases, comerciantes.pt acquires the content from publicly available sources, and comerciantes.pt shall in no event be deemed to be related to any right belonging to comerciantes.pt.
Authorizing a User to access the Platform does not imply the waiver, transfer, licensing or full or partial order by comerciantes.pt of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the comerciantes.pt Platform are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicizing, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the comerciantes.pt Platform for public or commercial purposes are also prohibited, save with comerciantes.pt’s express written authorization or, where applicable, that of the owner of the rights concerned.
Any User who shares any content of any kind through the Platform asserts that he/she has the necessary rights to do so, releasing comerciantes.pt from any liability regarding the content and lawfulness of the information supplied. By providing content through the Platform, Users assign to comerciantes.pt, free of charge and to the maximum extent permitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from such content.
If any of the clauses of these General Terms is found to be void by operation of law or voidable, it shall be deemed not to have been included. Such declaration of nullity will not cause the rest of the Agreement to be void, and the said Agreement shall remain valid and effective between the Parties.
The relationship between comerciantes.pt and the User shall be governed and construed in accordance with the General Terms, whose construction, validity and enforcement shall be governed by Portuguese law; and any disputes shall be submitted to the Courts of Lisbon.
Any disputes or disagreements arising outside the European Union shall be submitted to the Portuguese Court of Arbitration of the Chamber of Commerce.