ASSOCIAÇÃO DE TURISMO DO
PORTO, also known as ASSOCIAÇÃO DE TURISMO DO PORTO E NORTE DE PORTUGAL - Porto
Convention & Visitors Bureau - ATPN (hereinafter referred to as ATPN), with
legal entity identification number ('NIPC’) 503.393.517 and registered office
at Rua Miguel Bombarda, 211, 4050-381 Porto (PORTUGAL), provides an electronic
tool and service (hereinafter referred to as Marketplace) through its
E-commerce Platform (https://marketplace.visitportoandnorth.travel) that allows
the purchase of Products, Goods, and/or Services.
Procurement through this platform is an electronic procurement, under the terms
of Articles 26 of Decree-Law no. 7/2004 of January 7, and 3 of Decree-Law no.
290-D/99 of August 2, and complies with the provisions of Decree-Law no.
24/2014 of February 14.
If you do not agree with entering into a contract by electronic means, you
should not use the Marketplace.
By accepting these General Conditions of Sale of the Marketplace, the Client
accepts and acknowledges that:
1. DEFINITIONS.
1.1. Client: Users/Consumers who purchase Products, Goods, and/or Services, or
order them from Sellers;
1.2. Partners or Sellers: legal entities previously approved by ATPN that make
their Products, Goods, and/or Services available for sale or order on the
Marketplace;
1.3. General Conditions of Sale: these General Conditions of Sale that govern
sales made through the Marketplace.
2. OBJECT.
2.1. These General Conditions of Sale establish the rules for using the
Marketplace provided by ATPN, which allows the purchase of Products, Goods,
and/or Services made available by the various affiliated Partners, containing
the mandatory pre-contractual information as per applicable law.
2.2. Using the Marketplace is contingent upon the full acceptance of these
General Conditions of Sale, so any Client who does not agree or does not commit
to complying with these conditions will not be able to use the Marketplace
3. MARKETPLACE.
3.1. The Marketplace allows the Client to browse, order, and purchase Products,
Goods, and/or Services marketed by Partners through the Marketplace.
3.2. ATPN is not a party to the transaction between Clients and Sellers.
3.3. ATPN does not act as an agent/distributor/representative of the Sellers
nor as a reseller of the Products, Goods, and/or Services marketed and/or
offered by Partners through the Marketplace.
3.4. The Products, Goods, and/or Services advertised and marketed by Partners
through the Marketplace are the sole responsibility of the Sellers,
particularly concerning their ownership, quality, safety, warranty, and
compliance with applicable legislation.
3.5. ATPN is not liable for:
(a) the behaviour of the
Sellers;
(b) the Products, Goods, and/or Services advertised by Partners for sale as
described in each Seller's advertisements;
(c) any damage resulting from a transaction or inappropriate behaviour by any
party to the transaction.
4. MARKETPLACE SERVICES.
4.1. The Marketplace consists of a set of tools that allows Buyers to:
(a) Create an account;
(b) Contact Partners to order Products, Goods, and/or Services;
(c) Make payment for the Products, Goods, and/or Services;
(d) Confirm the receipt of Products, Goods, and/or Services;
(e) Communicate among themselves through a messaging service tool that is made
available to them.
4.2. The Marketplace also includes a rating system that allows the Client to
evaluate the quality of their interactions with the Sellers.
4.3. Access to all existing functionalities in the Marketplace, namely the
possibility of purchasing or ordering Products, Goods, and/or Services, depends
on:
(a) the creation and registration of an account by the Client through a valid
email address; and,
(b) the actual use of the Marketplace with an active session.
5. CLIENT.
5.1. The Client must be at least sixteen (16) years old to create an account
and make purchases on the Marketplace.
5.2. Access to the Marketplace by Clients is reserved for strictly personal
use.
5.3. The Client declares to act as a consumer (as defined by the Consumer
Protection Law – Law no. 24/96 of July 31) in a private capacity when using the
Marketplace.
5.4. The Client declares that the data provided during the account registration
process and the use of the Marketplace are true, correct, and up-to-date, and
that they are authorised to use such data.
5.5. The Client undertakes to update the data if there are any changes.
5.6. An individual acting on the Marketplace on behalf of a legal entity
declares that they are duly authorised to act and perform all activities on the
Marketplace on behalf and for the account of the legal entity.
5.7. In the cases referred to in the previous paragraph of this clause, ATPN
may at any time require proof of the capacity and powers claimed.
6. REGISTRATION.
6.1. An account on the Marketplace is created and registered through a valid
email account.
6.2. Additionally, the following information may be requested from the Client,
both at the time of account registration and later for placing an order or
making a purchase:
(a) In the case of a natural person:
(i) Full name;
(ii) Residential or professional address;
(iii) Tax Identification Number;
(iv) Telephone contact number.
(b) In the case of a legal person:
(i) Business name;
(ii) Headquarters;
(iii) Registration number;
(iv) Telephone contact number.
6.3. Proof of the capacity and powers claimed may be requested.
6.4. Account creation and registration as well as the use of the Marketplace
are free of charge, except for any connection costs dependent on the Client's
electronic communications operator, with no obligation to purchase on the
Marketplace.
6.5. Only the purchase of Products, Goods, and/or Services from Partners incurs
a cost, under the conditions provided for in these General Conditions of Sale.
6.6. Once the required data for registration are completed, a confirmation of
account registration will be sent to the email address provided by the Client,
with a link to activate the Account and other applicable information.
6.7. Registration is completed when the Client activates their Account.
6.8. If activation is not carried out within thirty (30) days after receipt of
the account registration confirmation email, the activation link expires, and
the account is not activated.
7. ACCOUNT.
7.1. Upon registration, the Client becomes the holder of access credentials to
their account (email address and password), allowing the Client to use the
Marketplace.
7.2. The Client undertakes to keep their access credentials secret and not to
disclose them to third parties.
7.3. The Client acknowledges that they are solely responsible for accessing the
Marketplace through their access credentials, unless they demonstrate that
there was indeed fraudulent use that is not attributable to them.
7.4. ATPN may terminate
the Marketplace usage contract with the Client when the Client:
(a) has not logged into the account for more than twenty-four (24) months, with
the account being deleted;
(b) does not comply with these General Conditions of Sale and/or the Terms of
Use of the Marketplace;
(c) assigns their contractual position to third parties without ATPN's prior
written authorisation;
(d) acts in a way that causes harm to ATPN, other Clients, and/or Marketplace
Partners;
(e) to protect and ensure the safety of people using the Marketplace.
7.5. Information about contract termination will be sent to the Client at least
thirty (30) days in advance to the email address provided during registration.
7.6. In case of violation of the Terms of Use of the Marketplace, ATPN may
suspend or block the operation of a Client's account.
8. CONDITION OF PRODUCTS, GOODS, AND/OR SERVICES.
8.1. Under the Marketplace, ATPN assumes no responsibility for the information
provided about the Marketplace Products, under the terms provided for in
Article 14 of Decree-Law no. 7/2004 of January 7.
9. CONDITIONS OF SALE.
9.1. The price and sales conditions of the Products, Goods, and/or Services
marketed on the Marketplace, as well as the outlining of shipping methods,
respective costs, and geographic delivery areas, are the sole responsibility of
the respective Partners and are communicated to the Client before the purchase
is completed.
9.2. The price is indicated in euros and already includes all applicable taxes
and fees.
9.3. Shipping costs are not included in the price indicated on the product page
and can be consulted when the Client proceeds to checkout.
9.4. Upon receipt of the Products, Goods, and/or Services purchased on the
Marketplace, the Client should verify whether the respective invoice was sent
in hard-copy format or is available in their account purchase history.
9.5. If the invoice has not been received or is not available in their account,
the Client should immediately request its dispatch from the Seller through the
communication channel available on the Marketplace.
9.6. ATPN shall not be held responsible in case of a computer, manual,
technical, or any other error causing a substantial and unforeseen change in
the public sale price listed on the Marketplace; thus, in cases where the price
is exorbitant or manifestly negligible, the purchase request will be considered
invalid and cancelled, and the Client will be informed of this fact.
10. PURCHASE AND SALE CONTRACT BETWEEN THE BUYER AND THE SELLER
10.1. The purchase and sale contract between the Client and the Seller, better
identified in each of the Products, Goods, and/or Services on the Marketplace,
is concluded under the resolutive condition that the Products, Goods, and/or
Services are available.
10.2. The Products, Goods, and Services are presented on the Marketplace with a
description that allows the Client to know their essential characteristics and
their price, including taxes, fees, additional transportation charges, postal
or delivery expenses, or any other charges that may apply.
10.3. The Client selects
the Products, Goods, and Services they wish to purchase.
10.4. The Client confirms their choice of Products, Goods and Services and
acknowledges and accepts these General Conditions of Sale by clicking to
validate.
10.5. The Client makes the payment for the Products, Goods and Services.
10.6. The Client receives an email confirming the acceptance of their order.
However, the purchase and sale contract concluded between the Client and the
Seller remains subject to the resolutive condition of the availability of the
Products, Goods and Services.
10.7. The Seller is informed by ATPN that one or more Products, Goods, and
Services they have listed online have been ordered.
10.8. The Seller undertakes to confirm or deny the availability of the
Products, Goods, and Services ordered by the Client within two (2) working days
from receipt of the information as per paragraph 10.6 above.
10.9. If the same Products, Goods, and Services are ordered by several Clients
at the same time, and based on their availability, they will be sold to the
first Client who registers and pays for their order. Orders placed by the
remaining Partners will be cancelled.
10.10. Once the order is validated or cancelled by the Seller, an email is sent
to the Client to inform them of the dispatch or cancellation of the order.
10.11. In the event of full or partial confirmation of the order by the Seller,
the resolutive condition that is part of the purchase and sale contract between
the Client and the Seller does not apply, whereby the Seller undertakes to
dispatch the order within the time period specified, without prejudice to any
applicable legal exceptions. At this point, the order amount will be debited,
except in the case of pre-payment via ATM reference already carried out
previously.
10.12. If the availability of the Products, Goods, and Services is not
confirmed within the period specified in paragraph 10.8 above, the contract
concluded between the Client and the Seller shall be automatically terminated,
and both parties are released from their obligations. However, only the
contract related to the sale of the unavailable Products, Goods, and Services
is subject to this termination.
10.13. In case of confirmation of the availability of all or part of the
Products, Goods, and Services ordered by the Client, the said Products, Goods,
and Services are dispatched by the Seller.
10.14. The Client must confirm:
(a) Receipt of the Products, Goods, and Services;
(b) Compliance of the Products, Goods, and Services with the order placed;
(c) That the condition of the Products, Goods, and Services matches the
description on the Marketplace at the time of purchase. In the absence of
confirmation, the Products, Goods, and Services are presumed to be received as
ordered and in good condition within twenty-one (21) days from the date of
dispatch.
10.15. The Client is invited to evaluate the Seller's performance.
10.16. This Clause does not affect the provisions of Decree-Law no. 84/2021 of
October 18.
11. PRICE AND PAYMENT.
11.1. The purchase price of the Products, Goods, and/or Services on the
Marketplace is determined by the Seller.
11.2. The price displayed next to the Products, Goods, and/or Services is
indicated in euros, including all taxes and fees, but excluding shipping costs.
11.3. Shipping costs are added to the order amount during the checkout process,
as determined by the Partner.
11.4. Clients make payments to ATPN, which receives the corresponding amount on
behalf and for the account of the Seller.
12. SHIPPING.
12.1. Partners are responsible for selecting carriers and commit to dispatching
the ordered Products, Goods, and/or Services to the Client within two (2)
working days from order acceptance, informing Clients about the carrier's
identity, delivery times, and any associated shipping costs.
12.2. The Products, Goods, and/or Services are dispatched to the address
provided by the Client during checkout.
12.3. Therefore, it is the Client's sole responsibility to ensure that the
provided data (name, address, and phone number) are correct and allow the
receipt of the Products, Goods, and/or Services.
13. CONFIRMATION OF RECEIPT.
13.1. It is the Client's responsibility to confirm the receipt of the Products,
Goods, and/or Services and their compliance with the order placed.
13.2. Products, Goods, and/or Services are assumed to be received within
twenty-one (21) calendar days from the date of dispatch, unless otherwise
indicated by the Client.
13.3. This clause does not affect or condition the consumer rights provided by
law.
14. NON-COMPLIANCE AT THE TIME OF RECEIPT.
14.1. If orders are not delivered to the Client, arrive damaged, or are
non-compliant with the information provided by the Partners at the time of
purchase, the Client is entitled to file a complaint with the respective
Partners or ATPN.
15. RIGHT OF REJECTION.
15.1. In case of non-compliance of the goods, the Client may request a
replacement or contract termination within the first thirty (30) days after
delivery.
16. RIGHT TO FREE TERMINATION. RETURNS.
16.1. Under the current legislation, the Client has the right to freely
terminate the contract with the Sellers within fourteen (14) calendar days from
the date of receipt of the ordered Products, Goods, and/or Services.
16.2. The Product(s) must be returned in their original and complete condition
(packaging, accessories, instruction manual, etc.) packaged as they were
dispatched, within 30 (thirty) days from their receipt.
16.3. The Buyer may inspect the nature, characteristics, and functioning of the
Product as would be permitted in a shop.
16.4. Any depreciation of
the Product attributable to the Buyer will be taken into account in exercising
the right of free termination.
16.5. The Buyer must always keep proof of dispatch of the Products.
16.6. All Products will be checked upon arrival, and if the returned products
are not in good condition, the Seller may take the necessary and permissible
measures under Decree-Law no. 24/2014 of February 14.
16.7. The Client is responsible for the return shipping costs unless the
Partners expressly agree to bear these costs.
16.8. If the Partners do not offer to collect the goods themselves, the Client
must return the Products to the Sellers within fourteen (14) calendar days from
the date they communicated their decision of free termination.
16.9. In the event of exercising the right of free termination within the
aforementioned period, only the price of the purchased Product(s) and the
shipping costs are refunded.
16.10. The refund may be withheld until the Products are received or until the
Buyer provides proof of return of the Product.
16.11. ATPN only intervenes in refund processes up to 45 (forty-five) calendar
days after the purchase date. After this period, ATPN has no responsibility
and/or intervention, and the Client must manage any refund-related issues
directly and autonomously with the Partners.
17. EXCEPTIONS TO THE RIGHT OF FREE TERMINATION.
17.1. According to Decree-Law no. 24/2014 of February 14, as amended, and
unless otherwise agreed by the parties, the Client cannot return, namely:
(a) Goods made to the Client's specifications or clearly personalised;
(b) Goods that by nature cannot be reshipped or are likely to deteriorate or
expire rapidly;
(c) Sealed goods that are not suitable for return due to health protection or
hygiene reasons when opened after delivery;
(d) Goods that after delivery and by nature are inseparably mixed with other
Products;
(e) The supply of sealed audio or video recordings or sealed software that the
consumer has unsealed after delivery;
(f) The supply of newspapers, periodicals, or magazines, except for
subscription contracts for the supply of such publications.
17.2. The supply of digital content not supplied on a tangible medium if:
(a) The performance has begun with the Client's consent; and
(b) The Client acknowledges that their consent implies the loss of the right of
free termination.
17.3. Other specific conditions may apply as set out by each Seller.
18. AFTER-SALES SERVICE.
18.1. The after-sales service of Marketplace Products is the responsibility of
the respective Marketplace Partners, and the Client should manage any
after-sales issues with the Marketplace Partners.
19. DISPUTES.
19.1. ATPN is not a party to the purchase and sale contract concluded between
the Partners and the Client.
19.2. Disputes are resolved directly between the Client and the Seller,
possibly through the messaging tool made available in the Service.
19.3. The Client and the Seller will make their best efforts to allow for an
amicable resolution of the dispute.
19.4. However, ATPN will not assume any liability towards the Client, as it is
not a party to the contractual relationship between the Client and the Seller.
20. WARRANTIES.
20.1. These warranties shall not affect the right to free termination provided
in these General Conditions of Sale.
20.2. Legal warranty for consumer goods:
(a) Under Decree-Law no. 84/2021 of October 18, on the conformity of goods with
the contract (further detailed in the Annex to these MGCS), if the Products,
Goods, and/or Services sold are non-conforming with the contract, the Client is
granted the rights listed in the mentioned decree.
(b) For technical analysis and exercise of rights by Clients, the Products,
Goods, and/or Services must be returned to the Seller in the condition in which
they were received, with all elements, including accessories, packaging (when
it is an essential element of the goods), instruction manual, etc.
(c) The warranty period for consumer goods (including reconditioned items) is 3
years, except for second-hand goods where the warranty period is 18 months.
20.3. Exercise of rights:
(a) Without prejudice to ATPN's liability under Article 44 of the
aforementioned decree, to exercise their rights, the Client must contact the
Seller through the messaging platform provided by ATPN for this purpose, by
accessing the order in their Marketplace customer account. In the event of
non-compliance, the Seller is obliged to restore the conformity of the goods,
reduce the price, or terminate the contract in accordance with applicable legal
terms.
20.4. Commercial warranty:
(a) Some Products, Goods, and/or Services may benefit from a commercial
warranty granted by the producer. Notwithstanding, the rights to restore
conformity, reduce the price, or terminate the contract provided for in
Decree-Law no. 84/2021 of October 18 are not affected by the commercial
warranty. The existence of a commercial warranty for each Product will be
indicated in the Product's description.
21. SELLER RATINGS.
21.1. ATPN provides mechanisms for the Client to rate the performance of the
Partners after confirming the receipt of orders.
21.2. The rating is done by assigning stars and applying rating criteria by the
Client, with ATPN not overseeing these reviews. However, ATPN may decide to
delete, without prior notice, any review whose content is flagged as slanderous
or defamatory.
22. The ratings of Partners are visible to all Marketplace visitors and are
identifiable by the name of the respective user who published them.
23. PERSONAL DATA.
23.1. Processing of personal data on the Platform: use and registration on the
Marketplace.
(a) The Client's personal data as part of the use and registration on the
Marketplace are the responsibility of ATPN.
(b) The processing will be carried out in compliance with the legislation on
privacy and protection of personal data, namely Regulation (EU) 2016/679 of the
European Parliament and of the Council of 27 April 2016 ("GDPR”), Law no.
58/2019 of August 8 (Personal Data Protection Law), and Law no. 41/2004 of
August 18 (Law on the processing of personal data and the protection of privacy
in the electronic communications sector).
(c) The way ATPN processes your personal data is further detailed in the
Privacy Policy.
23.2. Processing of personal data on the Platform: orders and/or purchases of
Products, Goods, and/or Services.
(a) The Client's personal data will be jointly processed by ATPN and the
Sellers.
(b) The personal data and information collected through the purchase or order
form are necessary and mandatory and will be kept confidential.
(c) The information on how ATPN and the Partners process personal data and
their rights is detailed in Annex 1 to these General Conditions of Sale, which
is an integral and inseparable part.
23.3. Processing of personal data under the responsibility of the Sellers.
(a) Partners are solely responsible for processing personal data for the
following purposes:
(b) Purchase and sale of Products, Goods, and/or Services;
(c) Delivery of orders of Products, Goods, and/or Services;
(d) Invoicing for purchases of Products, Goods, and/or Services;
(e) Information on how the Partners process personal data should be requested
from those same Sellers.
24. SECURITY.
24.1. The Marketplace is subject to a security system, and ATPN has adopted the
SSL encryption process in addition to reinforcing the set of interference and
encryption procedures to more effectively protect all sensitive data related to
the payment methods used on the Marketplace.
25. LIABILITY.
25.1. ATPN will be liable
to the Client only for facts directly attributable to it and that cause the
latter a direct loss related to those facts.
25.2. ATPN cannot be held liable for indirect damages or loss of profits.
25.3. Likewise, ATPN cannot be held liable for the defective use of the
Marketplace by the Client or for any error on their part, nor for facts
attributable to a third party to the Marketplace.
25.4. ATPN is not responsible for the defective use of the Marketplace by the
Client or for any error on their part in the purchase process, nor for facts
attributable to third parties or individuals.
25.5. ATPN is not responsible for the content and information provided by the
Marketplace Partners, which are their sole responsibility.
25.6. ATPN is not responsible for sales concluded through the Marketplace, and
any complaints regarding purchases should be sent to the Sellers, who are
responsible for the purchase and sale contracts between the Client and the
Sellers.
25.7. The Client is responsible for their use of the Marketplace, including the
information they provide during the purchase and the content of the Sellers’
ratings.
26. INTELLECTUAL PROPERTY
26.1. All content on the Marketplace, including texts, illustrations, and
images, are protected under copyright and intellectual property law for the
entire duration of such rights protection and worldwide.
26.2. Accordingly, and under the terms of the Copyright and Related Rights
Code, only private use is authorised, without prejudice to different and
potentially more restrictive provisions of the said Code.
26.3. Any total or partial reproduction or representation of the Marketplace
and/or all or part of the elements found on the Marketplace is strictly
prohibited.
27. PARTIAL INVALIDITY.
27.1. If one or more provisions of these General Conditions of Sale are
considered invalid or declared as such by application of legislation or a final
decision by a competent court, the remaining provisions will remain valid and
effective.
28. APPLICABLE LAW.
28.1. These general conditions are subject to Portuguese law.
28.2. Any dispute concerning their interpretation and/or enforcement falls
under the jurisdiction of the Portuguese courts.
29. FINAL PROVISIONS.
29.1. ATPN reserves the right to amend these General Conditions of Sale
according to the following rules:
(a) Amendments to these General Conditions of Sale may occur for
organisational, legal or technical reasons
(b) The Client will be informed of each amendment through publication in their user area of the Marketplace of information that will be visible after the Client has correctly logged into their Account;
(c) Nonetheless, Clients will also always be informed via email.
29.2. The amendments will take effect within the period indicated by ATPN, which will not be less than fifteen (15) days from the notification of the amendment to these General Conditions of Sale, unless otherwise provided in generally applicable law provisions.
ANNEX 1
| Data Controller: |
| |
| Principles of joint processing: |
| |
Data protection officer: | ATPN: jsampaio@portocvb.com | |
Purposes of the processing: | To enable orders and/or purchases and/or of Products, Goods and/or Services to be placed on the Marketplace. | |
| Legal basis for the processing: | (a) To take steps at the request of the data subject prior to entering into a contract; (b) The performance of a contract to which the data subject is party; (c) Legal obligation to which ATPN and the PARTNERS are subject. | |
| Categories of recipients: | (a) Subcontracting companies that process the data on behalf of ATPN and/or the VENDORS, for example, for the purpose of providing specialised services, such as technical maintenance services; (b) Third parties in compliance with legal obligations to which ATPN and/or the PARTNERS are subject; (c) Third parties for the purpose of exercising or defending the rights of ATPN and/or the PARTNERS in legal claims. | |
Transfers out of the EU and Conditions for transfer: | There will be no transfers outside the territory of the European Union, Should this situation change, the data subject will be informed. | |
Period for wich the personal data are stored: | Throughout the term of the Contract; Upon its termination, until the expiration of the limitation period for the corresponding rights. | |
| Your rights: |
| |
| How to exercise your rights / Withdraw your consent: |
1. In the client area, through the Marketplace at https://marketplace.visitportoandnorth.travel; 2. By phone: 707 273 273 (the call will be recorded); 3. By email: info@visitportoandorth.travel
You can always contact the Data Protection Officer at jsampaio@portocvb.com | |
| Supervisory Authority: | CNPD - Comissão Nacional de Proteção de Dados (Portuguese National Data Protection Commission) | |
| The communication of personal data is a legal obligation: | Yes. | |
| The communication of personal data is a contractual obligation: | Yes. | |
| The communication of personal data is necessary requirement for concluding a contract: | Yes. | |
| There is an obligation to provide personal data: | Yes. | |
| Consequences of not providing this data: | The purchase and sale contract will not be concluded. | |
| The existence of automated decision-making: | There is no automated decision-making. | |
| Existence of profiling: | There is no profiling. | |
| Logic involved, importance and consequences of automated decision-making and/or profiling: | Not applicable. | |
| More Information: |
|