General terms of use

General terms of use, for sellers and buyers

Preamble

The Marketplace Nazaré.pt is a digital platform managed by the Municipality of Nazaré. The objective is to foster local commerce, providing a digital interface that connects sellers and buyers. This regulation defines the conditions of use of the platform, the rights and responsibilities of sellers and buyers, as well as the legal obligations that govern the use of the platform.
Any sale of products made by a seller through the Marketplace Nazaré.pt will be governed by the General Terms of Sale (GCS) of that seller. These conditions may be supplemented by the present General Terms of Use, ensuring a transparent and secure transaction for both parties, in compliance with Portuguese legislation.

1. Subject

These GTU are intended to regulate the rights, duties and responsibilities of users (sellers and buyers) who use the Marketplace Nazaré.pt, as a tool for intermediating commercial transactions.

2. Definitions

The terms indicated below have, in these conditions, the meaning defined below, with the possibility of use in singular and plural:

BackOffice: It is the interface that allows the Seller to access the space in which they can configure their store, manage their Product catalog, their Orders, create discount coupons, track their activity, manage payments and access statistical data pertinent to controlling sales made
Management Team: Consisting of the Neighborhood Manager and the Support Technician who enable the connection between Sellers and Customers for the online sale of Products and Services;
Store: Online space in the Marketplace, available to one or more sellers, for the sale of Products and Services;
Customer: any person who accesses the Marketplace to acquire Products and/or Services from a Seller;
Seller: Any entity whose Product offers appear on the Marketplace for sale;
User: Any person who accesses and browses the Marketplace;
Marketplace: refers to the online platform available through the website where the Neighborhood Manager enables the connection between Sellers and Customers for the online sale of Products and Services;
Content: All information, descriptions, technical product specifications, logos, trademarks, illustrations, photographs, data and, in general, all elements and contents provided by the Seller and published on the Marketplace;
Features: includes the services that the Neighborhood Manager offers to Users on the Marketplace, such as management and approval of products and categories to list on the Marketplace; approval of discount coupons; management and support for merchants adhering to the Marketplace;
General Terms of Use or GTU: these are these conditions, which are available in the footer, which are intended to regulate the use of the Marketplace by any User;
Marketplace Commercial Conditions or Commercial Conditions: Set of conditions that regulate the commercial practices of the Marketplace and complement the Sales Contract in case the Seller’s GTS are non-compliant or incomplete;
Seller’s Store: Space that the Neighborhood Manager assigns to the Seller on the Marketplace so that they can present their company to Customers with their respective Products and Services;
Product: Any physical good or service marketed 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 provision offered on the Marketplace;
Seller’s GTS: These are the General Terms of Sale to which the seller is subject when marketing their Products through the Marketplace. The Seller may provide specific GTS provided they are registered on the Marketplace and their conditions include all the mandatory information established. In case of gap or contradiction, the Seller’s GTS may be complemented with the Commercial Conditions;
Customer Area: It is the interaction area provided by the Marketplace Nazaré.pt where all data provided by the User is gathered, allowing them to manage their orders, view purchase history and change their data. Access to the Customer Area will be through the User’s credentials. The data is used for login and making orders/purchases;
Credentials: These constitute the User’s email address and the password chosen by them, necessary to access the respective Customer Area in the Marketplace.

3. Registration and Platform Access

3.1. Eligibility
Access and use of the platform are reserved for users of legal age, with full legal capacity to conduct commercial transactions.

3.2. Types of Users and Access Levels

Neighborhood Manager: The manager has full access to the platform and is responsible for administering all stores registered in their geographical area. Their functions include:
- Create and edit all stores registered on the Marketplace;
- Offer support and training to sellers on the tools available on the platform;
- Monitor store performance and ensure they comply with platform standards.
Seller: The seller is a local merchant or registered company that uses the platform to offer their products. Their access level allows:

- Create and edit their own store and product catalog;
- Track their orders and interact directly with buyers;
- Access statistical data on sales, such as performance reports and transactions.
Buyer: The buyer is the end user who purchases products through the platform. Their access level allows:
- Register a customer account to make purchases;
- View order history and order status;
- Change their personal data and communication preferences;
- Evaluate purchased products and seller performance.

3.3. Account Creation
The user, whether seller or buyer, must create an account on the platform providing correct and complete personal and commercial data, such as name, address, email and tax identification number (NIF). The user undertakes to keep this information updated.

3.4. Confidentiality of Access Data

Login data (username and password) are personal and non-transferable. The user is responsible for ensuring the confidentiality of this data, being fully responsible for all activities performed on their account.

3.5. Account Suspension and Cancellation

The Platform Management Team reserves the right to suspend or close the account of any user who violates these GTU or who is involved in fraudulent or illegal activities. The user will be notified in writing and will have the right to appeal the decision.

4. Seller Obligations

4.1. Legal Authorization
The seller declares to be legally authorized to exercise commercial activity and to sell the products offered on the platform, ensuring compliance with all applicable legislation and regulation.

4.2. Product and Stock Management

The seller is responsible for keeping the description and availability of their products updated, ensuring that advertised products are available for delivery. If they cannot fulfill an order due to lack of stock, they must immediately remove or update the offer on the platform.

4.3. Responsibility for Product Quality

The seller guarantees that the products supplied comply with the specifications presented on the platform, as well as with applicable laws regarding product safety and quality.

4.4. Prices and Taxes

The prices presented must include all applicable taxes, such as VAT, in accordance with Portuguese legislation. The seller undertakes not to change the price of a product after order confirmation, except in cases of manifest error or by express agreement with the buyer.

4.5. Sales, Promotions and Liquidations

Activities related to sales, promotions and liquidations are also the responsibility of the Seller, as provided for in Decree-Law No. 70/2007. Sellers must ensure that all offers and promotions comply with applicable legislation 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.

4.6. Invoicing

The invoicing of products purchased through the Marketplace Nazaré.pt is the responsibility of the Seller, in accordance 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 data necessary for issuing the invoice is correctly provided at the time of purchase.

4.6.1 Communication of Information to the Bank of Portugal

In accordance with Instruction No. 27/2012, of September 17, the Marketplace Nazaré.pt, in partnership with sellers, undertakes to comply with the requirements for communicating statistical information to the Bank of Portugal. This process covers the communication of data relating to commercial transactions carried out on the platform, when applicable, according to the reporting standards established by the Bank of Portugal. Sellers and the platform management team must ensure that all transactions are properly recorded and reported, if applicable rules so require.

4.7. Packaging and Shipping

The seller is responsible for adequately packaging products and ensuring shipping within stipulated deadlines, using contracted delivery services. Products must be shipped according to transport standards, with the objective of avoiding damage during transport.

4.8. Customer Service

The seller undertakes to provide quality service to buyers, responding to their questions and complaints quickly and appropriately, according to the conditions established by the platform.

5. Buyer Obligations

5.1. Truthfulness of Data
The buyer undertakes to provide correct and complete data at the time of registration and during the purchase process, namely information related to the delivery address and payment data.

5.2. Product Payment

The buyer must ensure that payment for purchased products is made according to the payment methods available on the platform. The buyer will be informed of the final price and any shipping costs before completing the purchase.

5.3. Product Receipt and Verification

After delivery, the buyer must verify that the products received comply with the order. If they identify any defect or discrepancy, they must inform the seller through the platform within the time limits stipulated for complaints.

5.4. Invoicing

The invoicing of products purchased through the Marketplace Nazaré.pt is the responsibility of the Seller, in accordance with Decree-Law No. 198/2012. Buyers must ensure that the data necessary for issuing the invoice is correctly provided at the time of purchase.

6. Transactions and Deliveries

6.1. Order Processing
The seller must process orders efficiently and within agreed deadlines, sending confirmation to the buyer as soon as the order is dispatched.

6.2. Product Delivery

Delivery times vary according to the method chosen by the buyer, these being clearly indicated during the purchase process. In case of delays, the seller must inform the buyer and the platform, with the buyer being able to choose to cancel the order and refund if the delay exceeds 7 business days.

6.3. Shipping Costs

Shipping costs are the responsibility of the buyer, except when explicitly indicated that they are borne by the seller, or in case of returns due to defects.

7. Returns and Refunds

7.1. Right of Free Resolution
The buyer has the right to cancel the purchase and return the product within 14 days from the date of receipt, without needing to provide justification, according to Decree-Law No. 24/2014. Return expenses are the responsibility of the buyer, except in cases of defect or shipping error.

7.2. Return Conditions

Returned products must be in the same conditions as they were received, without signs of improper use and with original packaging, except in case of manufacturing defects.

7.3. Refund

The seller is responsible for processing the refund within a maximum period of 14 business days after receiving the returned product, using the same original payment method.

8. Complaints and Conflict Resolution

8.1. Complaints
The buyer can submit complaints related to non-compliance of products or with the service provided by the seller through the platform. The seller must respond to the complaint within a maximum period of 8 business days. If the complaint is not resolved satisfactorily, the platform management team may intervene.

8.2. Extrajudicial Conflict Resolution

Disputes between buyer and seller will preferably be resolved amicably or through alternative dispute resolution mechanisms, according to Decree-Law No. 144/2015. In the absence of agreement, the parties may resort to the competent courts of the Nazaré district.

9. Security and Data Protection

9.1. Personal Data Processing
The personal data of users (sellers and buyers) are processed in accordance with the General Data Protection Regulation (GDPR) and Law No. 58/2019, exclusively for the purposes of service execution, such as order management, product delivery and complaint resolution.

9.2. Information Security

The platform implements adequate technical and organizational measures to protect personal data against unauthorized access, accidental loss and cyber attacks.

10. Final Provisions

10.1. Changes to GTU
The Management Team of the Marketplace Nazaré platform reserves the right to alter or update these GTU, notifying users with a minimum advance notice of 15 days before their application.

10.2. Applicable Law

These GTU are governed by applicable Portuguese legislation, namely the Civil Code, Decree-Law No. 24/2014 and the General Data Protection Regulation (GDPR). For any dispute arising from the interpretation or execution of these conditions, the parties may resort to, where the CACRC – Arbitration Center of ________________ is located, which serves as our reference center. Additionally, consumers have at their disposal various Alternative Dispute Resolution alternatives, including:

CNIACC – National Center for Information and Arbitration of Consumer Conflicts: 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 can also choose to use the online platform provided by the European Union to submit complaints about disputes. The Digital Neighborhood Management Team offers information on how to exercise your right to complain to an official, impartial and third-party entity to the process. If you are not satisfied with the acquisition of a good or service or with the proposed solution, you can access the official website European Union ODR Platform to expose your contestation.

Terms of use for buyers

Preamble

The Marketplace Nazaré.pt, managed by the Municipality of Nazaré, is a digital platform that allows registered buyers to purchase products from registered professional sellers. Transactions are carried out directly between the buyer and seller, with Marketplace Nazaré acting only as an intermediary, facilitating the process through the technological tools provided by the platform. By using the platform, the buyer fully accepts these General Terms of Use (GTU), which aim to regulate the rights, duties and responsibilities of buyers.

1. Subject

These GTU are intended to regulate the use of the Marketplace Nazaré.pt by buyers, describing the conditions of access, purchase, payment and receipt of products, in addition to defining their obligations and rights in accordance with applicable legislation.

2. Registration and Access to Service

2.1. Eligibility and Registration
Access to the platform is reserved for persons of legal age, who act as final consumers (under the terms of Law No. 24/96, of July 31), or to duly registered companies. To access the service, the buyer must create an account, providing true and complete information.

2.2. Access Data

The buyer is responsible for keeping their access data (username and password) confidential. In case of loss or unauthorized use, the buyer must immediately notify the platform to prevent any fraudulent use of the account.

2.3. Account Suspension or Closure

The Management Team of the Marketplace Nazaré.pt platform may suspend or close a buyer’s account if there is violation of these GTU, including fraudulent behavior, bad faith in reviews or non-compliance with payment obligations.

2.4 Consumer Contact Telephone Lines

In accordance with Decree-Law No. 59/2021, the Marketplace Nazaré.pt provides consumers with contact telephone lines for customer assistance and support, at no additional cost beyond the basic tariff. Contact may be made on business days, through telephone ___________ or email _________ during business hours ______________.

The use of telephone lines with additional costs is not permitted, thus ensuring that consumers can contact us without extra charges. If you have any questions or need support, the consumer may also resort to other contact channels, such as email and the platform’s contact form.

3. Service Operation

3.1. Product Search and Purchase
Buyers can search for products from different categories on the platform, using search filters and sorting to find products suitable for their needs. After selecting the desired product, the buyer can add the item to the cart and follow the purchase process.

3.2. Interaction with Sellers

The platform allows buyers to directly contact sellers through a messaging system to clarify doubts or obtain additional information about products. Communication must be made in good faith and respect the established conduct terms.

3.3. Purchase Completion

The buyer must verify all information relating to the purchase (product, quantity, price and delivery address) before confirming the order. Purchase confirmation implies acceptance of the general terms of sale (GTS) and the seller’s specific conditions.

4. Payment and Costs

4.1. 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.

4.2. Payment Methods

The platform offers various payment options, such as credit cards, debit and bank transfers. All payments are processed through secure systems, with data encryption, ensuring the protection of the buyer’s financial information.

4.3. Shipping Costs

Shipping costs vary according to the shipping location and the delivery method chosen. The attribution of these costs will be the seller’s responsibility and will be presented to the buyer before order confirmation.

5. Product Delivery

5.1. Delivery Times
The delivery time 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 data is correct.

5.2. Product Receipt and Verification

After delivery, the buyer must verify that the products comply with the order. If they identify any defect or error in the order, the buyer must report the situation through the platform within 14 days after receipt.

6. Returns and Refunds

6.1. Right of Free Resolution
Under the terms of Decree-Law No. 24/2014, the buyer has the right to resolve the purchase within 14 days from the date of receipt of the product, without needing to justify their decision. To exercise this right, the buyer must communicate their intention through the platform.

6.2. Return Conditions

Returned products must be in the same conditions as they were received, without signs of use and in original packaging. The seller is responsible for accepting the return and making the refund within a maximum period of 14 days after receiving the returned product.

6.3. Refund

The refund will be made through the same payment method used in the purchase, unless otherwise agreed. Return shipping costs may be borne by the buyer, except when the return occurs due to defect or error in the product.

7. Buyer Responsibilities

7.1. Truthfulness of Information
The buyer undertakes to provide true and complete information during the registration and purchase process, particularly regarding the delivery address and payment data.

7.2. Compliance with GTU and GTS

The buyer must respect these GTU and the General Terms of Sale (GTS) established by the seller. Any breach may result in suspension or closure of the account.

8. Complaints and Conflict Resolution

8.1. Complaints
The buyer may submit complaints related to product quality or service provided by the seller through the platform. The _____________ may intervene as mediator to facilitate conflict resolution, but does not assume direct responsibility for the seller’s compliance with obligations.

8.2. Extrajudicial Dispute Resolution

In case of dispute between buyer and seller, the parties are encouraged to resort to the Alternative Dispute Resolution mechanisms provided for in Decree-Law No. 144/2015, which regulates mediation and arbitration of consumer conflicts. If an amicable resolution is not possible, the parties may resort to competent courts.

9. Intellectual Property

9.1. Platform Content
All platform content, including texts, graphics, logos, images and design, is protected by copyright and related rights, under the terms of the Copyright and Related Rights Code. The use of such content without authorization is strictly prohibited.

10. Final Provisions

10.1. Changes to GTU
The Management Team of the Marketplace Nazaré.pt platform reserves the right to change these GTU at any time, notifying users of changes electronically or through the platform. Continued use of the platform after publication of changes will be considered acceptance of the new conditions.

10.2. Applicable Law and Competent Jurisdiction

These General Terms of Use (GTU) are governed by Portuguese legislation. For any dispute arising from the interpretation or execution of these conditions, the parties may resort to the competent courts of the District of Coimbra, where the CACRC – Arbitration Center of _____________ (CACRC) is located, which serves as our reference center.
Additionally, consumers have at their disposal various Alternative Dispute Resolution alternatives, including:

CNIACC – National Center for Information and Arbitration of Consumer Conflicts: CNIACC
CIAB – Consumer Information, Mediation and Arbitration Center: CIAB
CIMPAS – Insurance Information, Mediation and Ombudsman Center: CIMPAS

Consumers can also choose to use the online platform provided by the European Union to submit complaints about disputes. The Neighborhood Management Team provides information on how to exercise your right to complain to an official, impartial and third-party entity to the process. If you are not satisfied with the acquisition of a good or service or with the proposed solution, you may access the official website European Union ODR Platform to expose your contestation.

Terms of use for sellers

Preamble

The Marketplace Nazaré.pt, managed by the Municipality of Nazaré, is a digital platform that aims to promote local commerce, offering registered sellers the possibility to sell their products to a broader audience, both local and national. By registering and using the platform, the seller fully accepts these General Terms of Use (GTU), which regulate their rights, duties and responsibilities as a platform user.

1. Subject

These GTU 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 legal responsibilities of the seller.

2. Registration and Platform Access

2.1. Eligibility
Sellers who are legal entities (companies) or individual entrepreneurs, duly registered and who act in accordance with Portuguese legislation, may register on the platform. Registration on the platform is mandatory to begin product commercialization.

2.2. Account Creation

The seller must create an account on the platform, providing accurate business data, 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 Marketplace Nazaré.pt 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 undertakes to keep 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 GTU, fraudulent activities or behaviors that harm the platform’s operation or buyers’ experience.

3. Seller Obligations

3.1. Legal Authorization to Trade
The seller guarantees that they are legally authorized to exercise sales activity and that they comply with all legal and tax obligations applicable to their activity, including compliance with commercial legislation, consumer protection and personal data protection.

3.2. Product Management

The seller must provide detailed and accurate descriptions of the products they commercialize, including:

Name and technical description of the product;
Photographs that faithfully represent the product;
Sale price (including applicable taxes and fees).

3.3. Stock Management
The seller is responsible for ensuring that the products presented 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

The prices presented by the seller must include all legally applicable taxes, such as VAT. Product prices cannot be changed after an order is placed, except by express agreement with the buyer.

3.5. Sales, Promotions and Liquidations

3.6. Invoicing

3.7. Product Compliance

The seller guarantees that the commercialized products comply with the specifications described on the platform and that they meet all applicable safety and quality standards, according to current legislation.

3.8. Packaging and Shipping

The seller is responsible for packaging products adequately, in order to avoid damage during transport. Shipping must be done according to the deadlines and methods indicated on the platform, using agreed delivery services.

4. Order Management and Delivery

4.1. Order Reception and Confirmation
The seller undertakes to verify and confirm product availability within a maximum period of 6 business hours after receiving an order. Confirmation must be made through the platform and, from that moment, the order must be processed and prepared for shipping.

4.2. Delivery Times

The seller must comply with the delivery times 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 delay.

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 expenses are borne by the buyer, unless otherwise agreed.

5. Returns and Refunds Policy

5.1. Right of Free Resolution
Under the terms of Decree-Law No. 24/2014, the buyer has the right to resolve the purchase within 14 days from the date of receipt of the product, without needing to indicate the reason. The seller is responsible for accepting the return and processing the refund within a maximum period of 14 days.

5.2. Return Conditions

Products returned by the buyer must be in the same conditions as they were received, without signs of use and in original packaging. The seller must verify the product conditions before processing the refund.

5.3. Return Costs

If the return occurs due to product defect or delivery error, return costs will be borne by the seller. Otherwise, the buyer may be responsible for these costs, according to agreed conditions.

5.4. Refund

The refund will be made through the same payment method used by the buyer. The seller must ensure that the refund is made within legal deadlines and in accordance with platform policies.

6. Complaints and Conflict Resolution

6.1. Buyer Complaints
The seller undertakes to respond to buyer complaints within a maximum period of 8 business days. If the seller cannot resolve the issue satisfactorily, the Management Team of the Marketplace Nazaré.pt 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. Extrajudicial Dispute Resolution

In case of dispute between seller and buyer, the parties should seek to resolve the conflict amicably or resort to alternative dispute resolution mechanisms, according to Decree-Law No. 144/2015. As a last resort, the competent courts of the Nazaré District may be called upon.

7. Data Protection and Privacy

7.1. Personal Data Processing
The seller undertakes to comply 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 purposes and communication related to the order.

7.2. Information Security

The seller is responsible for adopting all adequate technical and organizational measures to protect buyers’ personal data against unauthorized access, loss or destruction.

8. Intellectual Property

8.1. Platform Content
All platform content, 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 Marketplace Nazaré.pt platform.

8.2. Seller’s Intellectual Property

The seller is responsible for ensuring that the content (images, product descriptions, trademarks) they publish on the platform does not violate third parties’ intellectual property rights.

9. Changes to GTU

The Management Team of the Marketplace Nazaré.pt platform reserves the right to change these GTU at any time, notifying sellers in advance. Changes come into 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 Terms of Use (GTU) are governed by Portuguese legislation. For any dispute arising from the interpretation or execution of these conditions, the parties may resort to the competent courts of the District of Coimbra, where the CACRC – Arbitration Center of _______________ is located, which serves as our reference center. Additionally, consumers have at their disposal various Alternative Dispute Resolution alternatives, including:

CNIACC – National Center for Information and Arbitration of Consumer Conflicts: CNIACC
CIAB – Consumer Information, Mediation and Arbitration Center: CIAB
CIMPAS – Insurance Information, Mediation and Ombudsman Center: CIMPAS

Consumers can also choose to use the online platform provided by the European Union to submit complaints about disputes. The Commercial Neighborhood Management Team provides information on how to exercise your right to complain to an official, impartial and third-party entity to the process. If you are not satisfied with the acquisition of a good or service or with the proposed solution, you may access the official website European Union ODR Platform to expose your contestation.