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Term and Conditions

1. Platform Usage and Vendor Registration

  • Define the responsibilities of vendors and users (buyers and sellers) when using the platform.
  • Vendors must register with accurate information and ensure compliance with Portuguese and EU business regulations.

2. Compliance with Portuguese Law

  • Vendors must comply with local consumer protection laws, including:
    • Decree-Law No. 24/2014: Governing distance and off-premises contracts.
    • Consumer Protection Law (Lei da Defesa do Consumidor): Ensuring fair practices and transparency in commercial transactions.
    • General Data Protection Regulation (GDPR): Protecting user data and ensuring proper data handling.

3. Products and Services

  • Vendors must ensure that all products/services listed comply with Portuguese product safety standards and regulations.
  • Prohibited or restricted items should be clearly listed, following local and EU laws (e.g., certain pharmaceuticals, hazardous materials).

4. Pricing and Payments

  • Vendors are responsible for setting product prices, which must include all applicable taxes as per Portuguese VAT law.
  • The platform should outline its payment terms, including any commission taken from transactions.

5. Delivery and Fulfillment

  • Vendors are responsible for delivering goods or services as promised. Terms should specify delivery timelines, including vendor liability for late or failed deliveries.
  • Mention compliance with Decree-Law No. 24/2014 regarding consumer rights to delivery within 30 days unless agreed otherwise.

6. Returns, Refunds, and Cancellations

  • Vendors must follow the Portuguese Consumer Rights Law, which provides a 14-day cooling-off period for online purchases.
  • The platform must define a clear process for managing returns, refunds, and cancellations.

7. Dispute Resolution

  • Provide details on how disputes between vendors and customers will be resolved, adhering to Portuguese laws on consumer protection.
  • Consider referencing alternative dispute resolution (ADR) and online dispute resolution (ODR) mechanisms as recommended by the EU.

8. Vendor Account Suspension and Termination

  • The platform should outline the conditions under which a vendor’s account may be suspended or terminated, such as violation of the platform’s rules, fraud, or non-compliance with applicable laws.

9. Intellectual Property

  • Vendors should confirm that they own or have the rights to sell the products they list, and they should be responsible for any intellectual property disputes.
  • The platform may include a clause protecting itself from liability for IP infringement by vendors.

10. Liability and Indemnity

  • The platform should limit its liability regarding disputes between buyers and vendors and require vendors to indemnify the platform against any legal claims.

11. Governing Law

  • Specify that the terms and conditions are governed by Portuguese law and the jurisdiction of Portuguese courts, unless otherwise stated.