LEGAL CONDITIONS OF USE OF THE ELECTRONIC ORDERING PLATFORM (ONLINE STORE)

NOTICE TO USER

PLEASE READ THIS AGREEMENT CAREFULLY. ACCESS AND USE OF THIS ELECTRONIC ORDER MANAGEMENT PLATFORM IMPLIES, ON YOUR PART, AN EXPRESS AND UNRESERVED ACCEPTANCE OF ALL THE TERMS OF THESE CONDITIONS, HAVING THE SAME VALIDITY AND EFFECTIVENESS AS ANY CONTRACT ENTERED INTO WRITING AND SIGNED.

THE USER MUST EXPRESSLY ACCEPT THESE CONDITIONS FROM THE TIME THEY REGISTER AS AN AUTHORIZED USER IN ORDER TO PERFORM COMMERCIAL OPERATIONS ON THE WEBSITE.

COMPLIANCE WITH THE PRESENT CONDITIONS WILL BE REQUIRED FROM USERS WHO ACCESS THE ONLINE STORE SERVICE AND USE THE SERVICE AFTER COMPLETING THE ESTABLISHED IDENTIFICATION FIELDS AND IDENTIFYING THEMSELVES AS AN INDIVIDUAL OR LEGAL PERSON. IT IS INFORMED THAT THE MANAGER OF THE WEBSITE CAN FILE THE ELECTRONIC DOCUMENT WHEN THE ORDER IS FORMALIZED, THE USER MAY ACCESS THE SAME, ONCE REGISTERED, AS ESTABLISHED IN POINT 2.6 OF THE PARTICULAR CONDITIONS OF USE. IF YOU DO NOT AGREE WITH THE TERMS OF THESE CONDITIONS, DO NOT ACCESS OR USE THE ONLINE STORE SERVICE.

1. OBJECT

The purpose of these conditions is to regulate the conditions of access, use, application and order management through the electronic platform accessible on the website https://www.feiradafoda. pt (later on, the website) or from any of the other Internet addresses that redirect to it.

The website is the responsibility of Freguesia de Pias, with N.I.F. nº 507 602 293, whose registered office is located in Barreiro – Pias - 4950-642 Pias - Monção and registered in the Commercial Register of Monção.

The email address and contact phone number are:

E-mail: feiradafodapias@gmail.com

Tlf: 251 666 341 Call to the national mobile landline

The website makes these conditions available to users so that they can be saved and reproduced, thus fulfilling the legal duty of prior information.

Placement of orders through the electronic platform can only be carried out from the Internet, through the website, once the condition of user has been acquired.

2. SPECIAL CONDITIONS OF USE

2.1 Acquisition of user status.

The use of the electronic platform is expressly prohibited to any natural or legal person who, in accordance with the applicable legislation, has or acquires the consideration of a final consumer.

To access the electronic platform and be able to make any request, you must register as a user, filling in the identifying fields that are requested in the registration form provided for the creation of a new user, with its use by minors being expressly prohibited. deity. Registered users will have a username and personalized password that will identify them as a customer of the platform; The customer is exclusively responsible for not disclosing the personal identifier of the registered user to third parties. If there is any suspicion of unauthorized use by the registered user of the name or password, you must notify the person in charge of the website as soon as possible.

All orders made with the user's personal key are considered validly made by the customer and will be binding for the same, enforcing all the rights and obligations derived from these general conditions of use.

2.2. Formalities and requirements for placing orders.

To carry out an order through the website, you must follow the following steps:

1. Enter your identifier and password to access the electronic platform.
   
   
2. Fill in the mandatory fields indicated in the respective order form.
   
   
3. Select the product or products and add them to the shopping cart.
   
   
4. Specify the quantity you want for each product and click on the “see car” option to see the complete order, and if it is correct, select the “place order” option. If it contains any products you don't want, you can delete them right away.
   
   
5. Once the order is confirmed, the website will show the delivery address and billing address. If there are any errors in them, in your personal user data, you must suspend the execution of the order in order to update your registered user data.
   
   
6. Finally, select the “confirm order” option. Once the order has been confirmed, it will remain in a “pending” state, awaiting payment confirmation.
   
   
7. Registered users can check the status of their orders, which can be: “pending confirmation of payment”, “in service”, “finished” and “cancelled”.
   
   

   THE RESPONSIBLE FOR THE WEBSITE RESERVES THE RIGHT TO SUSPEND THE TRANSMISSION OF AN ORDER AND RETAIN IT IF THERE ARE DOUBTS ABOUT THE AUTHENTICITY OF THE USER, AS WELL AS IN CASE OF NON-PAYMENT FOR PREVIOUS ORDERS. ALSO RESERVES THE RIGHT TO RETAIN THE ORDER IF IT IS NECESSARY TO CONFIRM ANY SITUATION REGARDING IT.

   THE PRICES OF PRODUCTS THAT APPEAR IN EUROS INSIDE THE ONLINE STORE DO NOT INCLUDE APPLICABLE TAXES, WHICH WILL BE IN FORCE ACCORDING TO THE TYPE OF TAX AT THE TIME OF PLACING THE ORDER.

2.3. Payment method.

The following payment methods are available to registered users:

2.3.1-Multibanco References

The Website accepts payments through multibanco references generated by the ifthenpay platform.

2.3.2-PayPal

The customer can pay for his order through the Paypal payment system.

2.3.3-Bank transfer

The user can pay for his order by bank transfer to the account indicated in the online store. The holder of said bank account is responsible for the Website.

2.3.4-Term payment method

The person responsible for the Website may expressly authorize in certain exceptional cases other forms of payment in installments for large regular customers.

2.3.5-Method of payment by card

Debit and credit card processing by ifthenpay.

2.3.6-Click and Collect

Using the "Click and Collect" formula, the user undertakes to pay and collect the order placed at the physical store of the person responsible for the Website located at Avenida dos Bombeiros Voluntários nº 39 - 4990-344 Feitosa - Ponte Lima, and the remaining outstanding amount must be paid at the designated establishment, in case the order has not been paid in advance.

2.4. Reply procedure and submission form.

The shipments of goods whose order is managed through the electronic platform through the purchase of a cart are sent through their own means or through external transport companies. Shipping costs are always included in the final price.

In all cases, the goods will be transported at the risk and expense of the buyer.

During the ordering procedure, the customer has the possibility to check that the data and indications he has entered are error-free before the order is finally sent to the person responsible for the website.

The orders will be delivered to the delivery address freely designated by the customer. In this way, the person in charge of the Website assumes no responsibility if the delivery of the product does not take place as a result of the data provided by the customer being false, inaccurate or incomplete, or when the delivery cannot be carried out by causes beyond the control of the shipping company (carrier), designated for this purpose, such as the absence of a recipient.

2.5. Complaints and nonconformities.

Any defect or damage that may be found in the transported goods must be communicated to the carrier, making a timely claim upon receipt of the goods.

IN ANY CASE, IT IS MANDATORY THAT THE PRODUCTS BE RETURNED IN THEIR ORIGINAL PACKAGING AND BOXES. IN NO EVENT WILL RETURNS OF MERCHANDISE, OR COMPLAINTS ABOUT THEM, BE ACCEPTED, ONCE FOURTEEN DAYS SINCE ITS RECEIPT HAVE PASSED.

Right to Free Termination of the Contract: in compliance with the provisions of articles 10 and 11 of the legal regime applicable to contracts concluded at a distance and outside the commercial premises, the customer may exercise his right to free termination of the contract within 14 days from the day you receive your order without any justification.

The general procedure for claims for disagreement with the order served is as follows:

• The user receives merchandise that he is not satisfied with and wants to return, or has another complaint.
• After informing the person in charge of the site, you will have to verify the veracity of the complaint, in order to proceed with the collection order and provide the corresponding solution within a maximum period of fifteen days.
• The return costs will be borne by the user or the person responsible for the site, depending on the reason for the return. The person in charge of the site must conveniently inform the user of this point within the maximum period indicated in the previous point.
• In the event that the parties do not reach an agreement on the cause of the claim and/or return of the product, the user will be free to exercise the appropriate legal actions, both extrajudicial and judicial, in the exercise of his rights as consumer.

2.6. Other formalities.

Entering as a registered user on the site the following procedures will be observed:

• Consult orders:
  Using the “Orders” section, you can consult the history of orders, as well as their status. Entering a specific request, the user will be able to access the electronic document where the request was formalized, when it is filed by the person in charge of the website, in order to respond to any claim made by the user in this regard.
• Consult delivery notes:
  You can view delivery notes and invoices related to orders.
• Discharge/Download:
  In this section you can download and / or print the legal conditions.

3. OBLIGATIONS

Without prejudice to any other obligations that these conditions are directed to the distributor, responsible for the website, and/or to the customer, both parties undertake to observe and comply with the following:

RESPONSIBLE FOR THE WEBSITE undertakes the following:

• Make available to customers and users the necessary information regarding the products and goods to be purchased within the website.
• Once the order has been placed by the customer, send an email proof of receipt of the request made by email.
• Once the order has been placed, send the customer proof of receipt of his order or request made.
• Place these conditions of use of the electronic order platform available to customers and users, so that they can be stored, filed and/or printed by the user.
• Warn and inform customers and users of any changes that may occur in these conditions of use.
• Respond to and inform the customer as soon as possible of any changes to pending orders.
• Comply with current legislation on data protection in order to safeguard the information provided by the customer.

The CUSTOMER will be solely responsible for:

1. Assume payment for the goods whose order has been placed through the electronic ordering platform on the website.
2. Safeguard and maintain in absolute confidentiality the identifier as a registered user within the website, as well as your personal password, taking responsibility for not communicating it to any unauthorized third party.
3. Any act that you carry out in a way that differs from the indications or instructions designated on the website regarding the management of orders through the electronic platform.
4. The certainty, accuracy and timeliness of the data with which you fill in each of the forms collected on the website. Likewise, the customer undertakes to keep their data updated at all times, including information on the place of delivery of orders placed; assuming the obligation and responsibility to provide the person responsible for the Website with contact, delivery, or any other true and lawful data.
5. The direct or indirect manipulation of the content that appears on the website for fraudulent purposes.
6. The direct or indirect damages that have been caused by any third party if the customer and/or registered user has lost, diverted, neglected, or, in any way, allowed a third party to know the data and information necessary to be able to access the electronic platform and manage product orders, overcoming the customer's identity.
7. All acts that may infringe the industrial and intellectual property of the website.
8. Any unlawful act or omission that contravenes the provisions of these conditions.

During the ordering procedure, the customer has the possibility to check that the data and indications that he has made are error-free before the order is finally sent to the person responsible for the Website.

The orders will be delivered to the delivery address freely designated by the customer. In this way, the person in charge of the Website assumes no responsibility if the delivery of the product does not take place as a result of the data provided by the customer being false, inaccurate or incomplete, or when the delivery cannot be carried out by causes beyond the control of the shipping company (carrier), designated for this purpose, such as the absence of a recipient.

4. RESPONSIBILITIES AND LIMITATIONS

The person responsible for the website cannot guarantee that the use of the website and/or electronic platform will be continuous or uninterrupted. Likewise, it cannot guarantee that the information provided is free of errors, having a merely informative nature and not being binding on the person responsible for the website.

Consequently, the person responsible for the website does not guarantee and is not responsible for:

1. Incessant continuity in using the website, as well as its lack of availability and/or accessibility.
2. Absence of errors in the use of the website.
3. Absence of viruses and other harmful components on the website or on the server that provides it.
4. Invulnerability of the website and/or the impregnability of the security measures adopted on it.
5. Damage or harm caused to yourself or a third party by any person who violates the conditions of use of the website or its security systems.
6. Any other damages that may be caused by reasons inherent to the non-functioning or defective functioning of the website, the electronic platform or the websites to which, where appropriate, links may have been established.

Notwithstanding this, the person in charge of the website declares that he has adopted all the necessary measures, within his possibilities and the state of technology, to guarantee the functioning of the electronic platform and avoid the existence of harmful components for customers and / or users .

The distribution company makes every effort to avoid errors in the contents published on the website, in particular those relating to the description and price of products and merchandise. All the contents offered through it are up to date, and the person responsible for the website reserves the right to modify them at any time. Notwithstanding the foregoing, the distributor is not responsible for the consequences that may result from errors that may appear in the contents gathered on the website and/or electronic platform.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The company responsible for the website owns or has obtained the corresponding license or authorization on the exploitation rights in terms of intellectual, industrial and image property on the contents available through the website, among others, for a merely enunciative and non-exhaustive purpose , texts, graphic designs, drawings, codes, software, product catalogues, photographs, videos, sounds, databases, indexes, images, brands, logos, expressions and information and, in general, any other creation protected by national norms and international treaties on intellectual and industrial property (later, together, the contents).

All intellectual and industrial property rights over the contents are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the contents included on the website, both images or text, for public or commercial purposes, if you do not have the prior, express and written authorization of the holder of the corresponding rights.

The user's access and navigation through the website, as well as the use of the electronic ordering platform, will under no circumstances be understood as a waiver, transmission, license or total or partial cessation of the aforementioned rights.

Consequently, it is not allowed to suppress, evade or manipulate the copyright notice ("copyright") and any other data identifying the rights of the respective holders incorporated in the contents, as well as the technical protection devices, the digital marks or any information and/or identification mechanisms that may be contained therein.

References to commercial or registered names and trademarks, logos or other distinctive signs imply a prohibition on their use without the consent of their legitimate owners. At no time, unless expressly stated, does access to the website and/or its Contents grant the user any rights over the brands, logos and/or distinctive signs included therein and protected by law.

6. PROCESSING OF PERSONAL DATA AND CONFIDENTIALITY POLICY

The processing of personal data, as well as any other information requested from users for the management and transaction of online consultations within the website, will be carried out subject to the foreseen Regulation (EU) 2016/679 of the European Parliament and of the Council , of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data (according to the RGPD), the Organic Law on the Protection of Personal Data and Spanish development regulations, as well as in Law 34/2002, of 11 July, on services to the information society and electronic commerce; being treated in order to manage the contractual relationship arising from the transaction of orders within the electronic platform (Online Store).

For the purposes established in articles 13 and 14 of the RGPD (Right to information when collecting data), the customer is previously informed that the data collected when registering as a user will form part of the file called CLIENTS, for which the owner of the Website is responsible. The purpose of this file is the management, control and billing of orders placed by users registered through the electronic platform (Online Store), this collection of personal data obeying a commercial relationship for the purchase and sale of goods through a catalogue.

The user is also informed that the information provided is subject to the commercial relationship established in the electronic request and will not be used for any purpose other than that foreseen, as determined by the commercial relationship established for this purpose.

Also, with the confirmation of the sending of personal data through the form provided on the website, the user grants express consent for the processing of his personal data for the following purposes:

1. Transmission and management of products purchased through the electronic order platform, billed by the person responsible for the website, in accordance with the data collection form provided for in said domain.
2. The sending of advertising information on offers and settlement of products offered within the electronic ordering platform and marketed by the person responsible for the website.
3. The data will be kept indefinitely by the person in charge of the site, for statistical purposes relating to the volume of orders made by the user, unless the customer makes use of any right he has to cancel, suppress, limit the treatment or portability of the data.
4. In case of violation of the purposes foreseen in this condition by the person in charge of the website, the user has the right to file a complaint with the control authority.

Likewise, in accordance with the Principle of data quality, the user undertakes to provide true, accurate, complete and up-to-date data, so that they respond sincerely to the situation of the user.

7. RIGHTS OF ACCESS, CORRECTION, CANCELLATION, OPPOSITION, SUPPRESSION, LIMITATION OF DATA PROCESSING AND PORTABILITY

The person in charge of the website must inform the user that he can exercise the rights of access, rectification, cancellation, opposition, deletion, limitation of treatment and portability of data under the terms provided for in current legislation, by express request addressed to the person in charge of the website that must contain:

1. Name and surname of the interested party, photocopy of your CC., Passport, or other valid document that allows your identification.
2. Petition in which your request is made
3. Domicile, for the purposes of communications.
4. Date and signature of applicant.
5. Accredited documents of the petition you formulate, in your case.

The aforementioned request will be handled by the responsible person under the terms established in the RGPD and its corresponding development regulations.

8. DURATION AND MODIFICATION

These conditions will remain in force and will be valid for as long as they are accessible to customers and users through the website.

The person responsible for the website reserves the right to modify the terms and conditions stipulated here unilaterally, being obliged to announce any changes to these conditions. The temporal validity of these conditions coincides with the time of their exposure, until the moment they are modified in whole or in part.

The user expressly accepts the use of email as a valid procedure for exchanging information and forwarding communications between and/or with the person in charge of the website.

Each of the Parties will be solely responsible for fulfilling the obligations that each of them derives from the current regulations that result from the application and must leave the other party unharmed for actions, requests and/or claims that third parties may exercise for non-compliance with the same.

In the event that any provision or provisions of these general conditions are considered null or non-applicable, in whole or in part, by any Judge, Court or competent administrative body, said nullity or non-application will not affect the remaining provisions. In this case, the Parties agree to replace the affected clause or clauses with another or others that have the most similar effects to those replaced.

The non-exercise or execution by the person responsible for the website of any right or provision contained in these general conditions of use will not constitute a waiver of the same, unless acknowledgment and written agreement on your part.

9. APPLICABLE LAW AND COMPETENT COURTS

The present conditions of use of the website's electronic ordering platform will be governed and interpreted in accordance with the provisions of European and Portuguese regulations resulting from their application.

10. WARRANTY OF PRODUCTS PURCHASED IN PORTUGAL

To claim and enforce the guarantee, the consumer can contact both the seller and the manufacturer of the product.

• The law establishes a general warranty period of 2 years from purchase.
• In order to exercise your right, do not forget to keep your invoices, receipts and product warranty for at least 2 years.
• The consumer has 2 months to report the defect from the moment he discovers it.

11. FREE RESOLUTION FORM

The consumer has the right to withdraw from any contract maintained remotely within a period of 14 days without the need for justification, being able to use the form that is attached in accordance with its instructions for use.

12. MODIFICATION OF THE SERVICE OR VARIATION OF THE CONDITIONS

The person responsible for the Website reserves the right to make changes to the terms and conditions of the established contractual relationship. If any of these Conditions of Use is declared invalid, null, or for any reason ineffective, said condition may be excluded, without said declaration affecting the rest of the conditions validly established and regulated in this document.

13. USE OF COOKIES

The Website uses cookies that are accepted, rejected or explicitly set by the user at the beginning of the session and are used to personalize content and advertisements, provide social features, and analyze customer preferences regarding services and items sold. We also share information about your use of the Website with our partners, who may combine it with other information that you have provided to them or that they have collected from your use of their services.

Cookies are unique identifiers that the Website sends to the device from which the user connects, in order to store data that can be updated and retrieved by the entity responsible for their installation. The cookies available on the website are classified into the following types:

Necessary

Necessary cookies help make a website usable by enabling basic functions such as page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

Statistics

Statistical cookies help website owners understand how visitors interact with websites by collecting and providing information anonymously.

Marketing

Marketing cookies are used to track visitors to websites. The intention is to show advertisements that are relevant and attractive to the individual user, and therefore more valuable to third-party publishers and advertisers.

The following table details and summarizes the types of cookies available on the Website, the data collected, their purpose, the time they are kept in the user's browser, where the data is sent and with whom it is shared:

With the exception of the cookies necessary for the proper functioning of the service, the rest of the cookies are related to the Google services provided to the Website, and can be customized and disabled by the user.

You can configure your browser to accept or reject cookies. To do so, we suggest you go to your browser's help section to find out how to change the settings you currently use. You may also use "do not track" tracking cookie blocking tools. With regard to the most popular browsers, the path to follow to locate cookies and configure them is as follows:

• If you are using Microsoft Internet Explorer, in the "Tools" menu option, select "Internet Options" and go to "Privacy".
• If you use Firefox, for Mac in the "Preferences" menu option, selecting "Privacy", accessing the "Show Cookies" section, and for Windows in the "Tools" menu option, selecting "Options", accessing "Privacy" " and then "Use custom settings for history".
• If you use Safari, in the "Preferences" menu option, select "Privacy".
• If you use Google Chrome, in the upper right corner, select "More", then "Settings". At the bottom, click on "Advanced Settings". Once in this window, under "Privacy and security", click on "Content settings" and then on "Cookies".

Notwithstanding the foregoing, it should be noted that disabling cookies may affect the proper functioning of certain sections of the website.

14. ALTERNATIVE CONFLICT RESOLUTION

In accordance with the provisions of Article 14 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online consumer disputes and amended Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, we provide you with access to the following link to the Online Dispute Resolution Platform ODR (Online Dispute Resolution): http://ec.europa.eu/consumers/odr/ .

Complaints that arise may be addressed to the email address of the person responsible for the Website, indicated at the beginning of these legal conditions.

The deadline for resolving conflicts is ninety working days. Before submitting a complaint, it is advisable to try to contact the person responsible for the Website, as the person making the complaint must agree to participate in the procedure, or can propose one or more extrajudicial conflict resolution bodies to transmit the corresponding complaint. Once the claim is accepted, there is a period of thirty days for the parties to agree on the body that will transmit it, and if an agreement is not reached, the claim is closed. Complaints must be submitted by the same person or through a legally authorized representative.

This platform is an alternative way to the traditional judicial way of resolving disputes related to electronic commerce within the European Union; constitutes a unique window for consumers and traders who wish to resolve disputes in this matter out of court. It is free to use and can be accessed via the link above: http:/ /ec.europa.eu/consumers/odr/ in all EU languages.

15. PRIVACY POLICY

According to what is stated in point 6 of these legal conditions of use, it is important to emphasize that this Website is a safe space and that the personal data of users will always be treated based on the following principles and objectives:

• Legality, equity and transparency in the treatment of information obtained from the person concerned.
• The data processing is carried out to fulfill the intended purpose, which consists, in particular, in the management of the contractual relationship arising from the processing of orders within the electronic platform (Online Shop).
• The personal data requested will be adequate, relevant and limited to what is necessary for the fulfillment of the purpose.
• No personal information will ever be requested that is not really necessary for the stated purposes.
• We never share the personal information of our users with anyone who is not authorized or who does not act under the supervision of the controller to develop an essential service for carrying out the established contractual relationship, except in cases provided for by law.
• The data collected will never be used for a purpose other than that expressed in this section.
• It is guaranteed that those responsible and responsible for the treatment of the data, as well as all the people who intervene at any stage of the treatment, will be subject to the duty of confidentiality established in the data protection regulation; thus maintaining the absolute confidentiality of all personal information provided by the user.
• The person responsible for the website has the necessary technical and organizational measures of active responsibility necessary to prevent unauthorized or illegal processing, as well as the loss or destruction of data.
• The data retention period is limited to the validity of the contractual relationship with the user; although the data will be kept after its completion, for statistical purposes relating to the volume of orders placed by the user, unless the customer makes use of any of the rights of cancellation, deletion, limitation of treatment or portability of the data. Regardless, in order not to keep data longer than necessary, records that have been inactive for a considerable time will be deleted, along with any personal information that does not meet the requirements for the statistical conservation of orders placed.

As a registered user, you are solely responsible for the veracity and accuracy of the data sent, even if it is a third party, exempting the person responsible for the website from any responsibility in this regard, if the information provided is not accurate or authentic .

The data being processed is identification data, necessary for the invoicing of any commercial transaction. Specially protected data will never be requested.

The registered user exclusively assumes the damages of any nature that may be caused as a result of errors or omissions in the contents, lack of availability of the portal or the transmission of viruses or malicious or harmful programs in the contents caused by an extraordinary cyber attack of a third party that exceeds the technological and preventive measures implemented