Terms and Conditions
CONDITIONS AND GENERAL TERMS OF SALES OF THE ONLINE SHOP
1. ENTITLEMENT OF THE ONLINE SHOP
Tejo Tourism is a registered trademark of the company Brumalfacinha, Lda, with headquarter in Rua das Olarias, nº. 35, 1100-378, Lisbon, share capital of 2500,00€, registered at the Commercial Registration Office of Lisbon, under the number 513046950. Brumalfacinha, Lda is a legitimate property of the official site of the trademark Tejo Tourism, whose domain can be found under www.tejotourism.pt.
2. CUSTOMER SERVICE
2.1. For additional information or to clarify any doubt, you may contact Brumalfacinha, Lda via e-mail [email protected] or, if you prefer, via telephone under 00351 964 483 321.
3. SUBJECT MATTER AND SCOPE OF APPLICATION
3.1. The present Conditions and General Terms of Sales regulate exclusively the purchase and sale accomplished in the online shop of Tejo Tourism, between the end consumer by acting as buyer and Brumalfacinha, Lda as a seller, and apply to all visitors of the site www.tejotourism.pt, as well as all transactions of commercial nature accomplished through the online shop.
3.2. The navigation on the site, as well as the purchase of any product at www.tejotourism.pt implies the acceptance of the present general conditions of use and contracting.
3.3. Brumalfacinha, Lda reserves the right of use and contracting, without prior notice, as well as to modify at any moment the information and commercial offer presented on products, prices, promotions, commercial conditions and services.
3.4. Brumalfacinha, Lda reserves the right to not process any order received by the users that are not end consumers or those that do not comply with the general conditions of sale of Brumalfacinha, Lda.
3.5. The end consumer shall provide Brumalfacinha, Lda, acting as seller, with an e-mail address that is correct and accepts that Brumalfacinha, Lda may contact him/her using these data.
4. INFORMATION ABOUT CONTENTS OF THE ONLINE SHOP
4.1. The site www.tejotourism.pt aims only at the particular use wherefore the reproduction, transfer, distribution or storage of the contents of the online shop without prior written authorization, is prohibited for any other means that is not strictly of personal use.
4.2. The insertion of links to our site with commercial purposes or without prior authorization of Brumalfacinha, Lda. is strictly forbidden, and the use of the domain www.tejotourism.pt with abusive purposes will be prone to legal resources competent on the part of Brumalfacinha, Lda.
4.3. In the event of finding links that permit the access of www.tejotourism.pt on other sites or references to the online shop, we inform that Brumalfacinha, Lda. does not take any responsibility of the links or sites, nor about the contents placed in it.
4.4. We are strongly committed that the information presented at www.tejotourism.pt is free of typographical errors and we will proceed with the respective correction as soon as possible, always when such occur.
4.5. All contractual information are written in Portuguese and English language, as well as the information of the articles, and formalization of the sale.
5. COMMERCIAL POLICY
5.1. In the case of that the information presented do not correspond to the product characteristics, the client has the right to cancel the contract of sale and purchase, according to the relevant legal rules.
5.2. The pictures and videos presented on the site are merely illustrative. Therefore, we recommend that you consult the detail of the product for better information about the respective characteristics of the articles that you intend to acquire.
5.3. The prices and product specifications are subject to modifications without prior notice. Despite of the utmost attention of Brumalfacinha, Lda to maintain all the information updated, some products can contain an incorrect price, wherefore we will verify the prices always when we undertake the processing of the orders. If the price of the product is lower than the announced price, we return the difference. If the price is superior, we inform the end consumer via e-mail and await his decision of accepting the new proposal or canceling the order.
5.4. The approval of the purchase order or request assumes that the buyer acknowledges and accepts the Conditions and General Terms of Sales of the site www.tejotourism.pt
5.5. All the data registered by Brumalfacinha, Lda prove evidence of the set of transactions effected between the vendor and the end consumer, and being the responsibility of Brumalfacinha, Lda to archive the electronic document in which the contract is formalized, obliging itself to maintain it accessible.
6. OBLIGATIONS OF THE CLIENTS AND USERS
6.1. Any visitor of the site www.tejotourism.pt is obligated to fulfill and respect the present general conditions, specifically observing the following obligations:
– It is prohibited to introduce, save or disseminate through the site www.tejotourism.pt defamatory, obscene, injurious, xenophobic content and/or of any other character that violates the general principles of law and public order;
– Save, and not announce, his/her keyword to enter the site, in order to impede that third persons accede his/her account and personal data;
– Not to use false identities;
– Concede his/her personal data and correct contacts so that the Brumalfacinha, Lda can process the orders properly;
6.2. The end consumer is the only one responsible for the veracity of the personal data communicated to Brumalfacinha, Lda and commits himself/herself to insert and inform immediately any alteration through his/her registered account at www.tejotourism.pt.
6.3. Brumalfacinha, Lda evades any responsibility for an eventual delay or impossibility of processing of the request resulting from an error or an insufficiency of the data communicated by the end consumer.
7. COMPLETION OF THE ONLINE REQUEST
7.1. In order to complete a request at www.tejotourism.pt, it is necessary that the user disposes of a valid email account of frequent use and registers himself/herself as client of Tejo Tourism, filling in the form available online. After registering, it is sufficient to insert all the products that the end consumer intends to acquire into the virtual shopping cart, following all the steps of purchase, so that it can be finalized with success.
7.2. Completing a request at www.tejotourism.pt is very easy:
– Navigate through the pages of the online shop and find the products that you intend to acquire.
– Add the preferred products to the virtual shopping cart through the button „Add to cart“.
– In the moment of understanding that you already chose what you intend to acquire, finalize the purchase clicking „Finalize“.
– After that, fill in your personal data into a simple form.
– Afterwards, choose the payment method.
– Review your order.
– Proceed to the payment, confirming the order.
– Finally, you will receive an order confirmation via e-mail.
– By selecting the button „Exit“, at the end of the buying process, your order is confirmed.
7.3. As soon as you finish your order, you will receive an automatic email to confirm the transaction. We suggest that you print or download this copy as a future reference.
7.4. In case of the failure to confirm the payment or the breach of the present Conditions and General Terms of Sale, Brumalfacinha, Lda. reserves the right of not accepting your order or to cancel it completely or partially, even after the automatic confirmation of the same.
8. AVAILABILITY OF THE PRODUCTS AND CONFIRMATION/CANCELLATION OF THE ORDER
8.1. Brumalfacinha, Lda only processes an order effected by a client after confirmation of the respective payment, wherefore it cannot guarantee the availability of the articles until the beginning of the mentioned processing.
8.4. The satisfaction of all the orders realized at the site is subject to the availability of the products. Brumalfacinha, Lda tries to ensure that all items offered for purchase on the site are available. However, Brumalfacinha, Lda reserves the right of not accepting any order or canceling orders that were already confirmed for products that are impossible to satisfy. In the case of unavailability of the products, Brumalfacinha, Lda informs the end consumer immediately of the partial or total cancellation of his/her order, and the buyer has the right of reimbursement of the respective amount paid.
9. CONFIRMATION OR CANCELLATION OF THE ORDER
9.1. Brumalfacinha, Lda may not validate the order that does not have a guarantee of good recovery, if the order is incomplete or incorrect, or if the ordered products do not find themselves available any more. In any of the cases referred to, Brumalfacinha, Lda informs the end consumer via e-mail that the sales contract was not accomplished and that Brumalfacinha, Lda did not proceed with the sale, specifying the reasons for the same.
9.2. If the products ordered at www.tejotourism.pt do not find themselves available at the moment of your last access to the site, even though having received confirmation of the order, or when Brumalfacinha, Lda receives your order, the seller informs the user immediately about the unavailability of the same.
9.3. If an order and the respective payment has been made, for products that meanwhile became unavailable, Brumalfacinha, Lda will proceed with the reimbursement of the money paid for the unavailable items.
9.4. Brumalfacinha, Lda reserves the right to refuse any order, regardless of the reason, and discharges of the responsibility for any damage or cost, as well as reserves the right to cancel any purchase, even if it has already been accepted or confirmed by Brumalfacinha, Lda, specifically in the following situations:
– The information determined on the invoice is not correct or verifiable;
– The order is flagged by the Security Systems of the site as an incorrect or irregular order or an order prone to fraud;
– If the transfer of the payment of the order was not received within a period of 2 workdays subsequent to the acceptance of your order;
– If it is considered that the buyer does not have the capacity to realize this act.
– If it is verified that an error in the presentation of the price of the product existed;
– If it is assumed that the order originates from a reseller.
10. PAYMENT AND CANCELLATIONS
10.1 No reimbursement will be made available once the excursion or service have been initiated.
10.2 To cancel a reservation from Brumalfacinha, Lda might entail the application of cancellation rates on the part of Brumalfacinha, Lda, in accordance with the following paragraphs. When canceling any reservation, the client will be notified by email or telephone regarding the sum of the rates of cancellation.
If the cancellation occurs with prior notice of at least 7 consecutive days, there will be no cancellation fee.
b) If the cancellation occurs with prior notice between 3 and 5 consecutive days, the client will pay a
cancellation fee of 50%.
c) If the cancellation occurs with prior notice of 2 consecutive days, the client will pay a cancellation
fee of 100%.
11. PAYMENT CONDITIONS AND SECURITY GUARANTEES
11.1 The available payment methods will be presented at www.tejotourism.com.
11.2. You may pay your products using:
– Credit card or debit card, through the payment of Easypay;
– Personal Paypal Account;
– ATM machine (Multibanco), giving you all the necessary instructions for this payment mode (entity/reference/total value);
– Bank transfer, giving you all the necessary instructions for this payment mode (proof of NIB).
11.3. In payments using credit or debit card, all the details (as, for example, the card number, expiration date or security code) will be sent through Encrypted Protocol to the company that provides the remote electronic payment services, Easypay, without that third parties can have access to the transmitted information. These information will not be used by Brumalfacinha, Lda, except to realize the operations necessary for purchase or reimbursement, in the case of refund in accordance with the exercise of the right of return, or for the communication to the police in the case of fraud.
11.4. If the end consumer chooses the ATM machine (Multibanco) payment, we will only initiate the order processing after having received the payment. Therefore, in this payment method, we advise you to go to the ATM machine as quickly as possible in order to receive the confirmation of your order as soon as possible. As soon as 2 calendar days passed after the realization of your order, and if we still have not received any payment, the order will be canceled.
11.5. We urge you not to try to realize the payment by any other method not specified at www.tejotourism.pt. If you do so, Brumalfacinha, Lda will not be able to take responsibility for the loss of payment or any other damages which may arise from that.
12. SECURITY OF THE ONLINE SHOP AND OF ALL TRANSACTIONS
12.1. The online shop uses the most recent and robust security technologies available for encryption platforms. All payment information that you provide will be encrypted, from the initial moment of transaction, until the moment in which the order is processed, and will not be stored on any public server.
12.2. Even if we utilize a highly evolved encrypted software, any payment transmitted through the Internet, or through e-mail, runs some risks, specifically when the user does not take the necessary precautions and does not assume the necessary responsible conduct.
12.3. Brumalfacinha, Lda cannot carry any responsibility for any damage arising from the use of electronic means of communication, specifically for damages arising from failures or delays in the delivery of electronic communication, of intersection or manipulations of electronic communications of third parties or through computer programs used for communications or transmission of viruses.
13. RETENTION OF TITLE OF THE TRADED PRODUCT
Brumalfacinha, Lda has complete ownership of the products of the company until having received full payment for all these products.
14.1. The prices of the products displayed on the site include the Value Added Tax (VAT).
15. QUALITY AND GUARANTEE
15.1. Brumalfacinha, Lda will only commercialize articles of highest quality at www.tejotourism.pt and never of inferior quality to those existing on the market.
16. CANCELATION OF ORDERS
16.1 If the client effects an order and intends to cancel it, he should, initially, verify the state of the order through the menu My Account, situated in the upper right corner of the main page of the site, loading afterwards in orders and, if the state of the order mentions registered, the possibility exists to still be canceled. Therefore, the client should contact our Customer Service and ask to cancel his/her order.
16.2. If the cancellation request is successful, the client will be notified via e-mail about this decision and the annulment will be processed without costs for the client.
16.3. At the time of the confirmation of the cancellation, in the case of already having liquidated, the respective reverse will be processed.
17. VALIDITY OF THE PROMOTION OR COMMERCIAL CAMPAIGNS
17.1. The promotional offers or commercial campaigns published on the site are only valid for the moment in which they are displayed on the site and in accordance with the conditions laid down, unless an opposing information is communicated on the site.
17.2. In the case of cancellation of the acquired product within the context of commercial campaigns or promotions, only the value effectively spent on the purchase of the piece you intend to return or exchange will be credited or awarded.
18.1. Brumalfacinha, Lda will only be responsible for damages suffered by the client in the case of when such damages result from violations attributable to the contractual obligations of Brumalfacinha, Lda in front of the client, or in the case of the responsibility resulting from the relevant applicable law.
18.2. If the client has suffered damages deriving from the activity of the site, the responsibility of Brumalfacinha, Lda will be limited to damages of the products and reasonable and verifiable costs incurred by the client in virtue of the violation on the part of Brumalfacinha, Lda of the present Conditions and General Terms of Sale.
18.3. Brumalfacinha, Lda will not be held liable for the damages suffered by thirds resulting from the use of any of our products. Brumalfacinha, Lda cannot be held liable for the damages suffered by the buyer as consequence of a misuse of our products.
18.4. Brumalfacinha, Lda cannot be held liable for the damages resulting from incorrect information on the site.
18.5. All products commercialized by Brumalfacinha, Lda comply with the Portuguese and European legislation.
19. INTELLECTUAL AND INDUSTRIAL PROPERTY
19.1. All texts, comments, works, illustrations, artworks and images replicated or represented on the site are strictly reserved in terms of copyright, as well as in terms of the intellectual property rights, for all of the world.
19.2. Accordingly, and in accordance with the Intellectual Property Code, only the use of information for private purposes is authorized, subject to special provisions including stricter provisions included in the code of conduct.
19.3. Any reproduction or total or partial representation of the site, as whole or in parts, of the elements included in the same are strictly forbidden.
19.4. The company names, brands and distinguished signs reproduced on the site are protected in the terms in conformity with relevant legal provisions applicable to the intellectual property. The reproduction or representation of all or a part of any distinguishing signs is strictly forbidden and must be object of previous written authorization of the owner of the brand Tejo Tourism.
20.5. If the user intends to use informations or materials of the site, he/she needs to obtain a previous authorization in written form and conceded by Brumalfacinha, Lda.
21. APPLICABLE LAW
21.1. The present Conditions and General Terms of Sale and all emerging disputes that are related to these general conditions, including its validity, the use of the site or any purchase on the same, shall be regulated by Portuguese law.
21.2. In the case of dispute about the interpretation or execution of the present Conditions and General Terms of Sale, Brumalfacinha, Lda and the buyer oblige themselves to endeavor to reach a friendly solution, that is just and adequate, in the maximum period of 60 (sixty) days counted from the receipt of the communication addressed for this effect by any of the parties involved.
21.3 In absence of a friendly solution, in accordance with the provisions of the previous number, and in the case of breach of the present Conditions and General Terms of Sale, both parts determine as competent court the Ordinary Court of the District of Lisbon, with express renunciation to any other one.
22. ALTERATION OF THE CONDITIONS AND GENERAL TERMS OF SALES OF THE ONLINE SHOP
Brumalfacinha, Lda reserves the right to alter the present Conditions and General Terms of Sales at any moment. The purchaser is subject to the principles and terms in force at the data of its purchase, except if the Law or competent authority imposed any alteration to the same.
Member company of the Arbitration Center of Lisbon, with the following contacts:
Address: Rua dos Douradores, nº 116 – 2º 1100 – 207 Lisbon
Telephone: 218 80 70 30
In the case of litigation, the consumer may resort to this Entity of Dispute Resolution.
More information at the Consumer Portal www.consumidor.pt