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Merchant Terms and Conditions
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1. Object
The Albergaria Digital Commercial District platform, created and maintained by the Municipality of Albergaria-a-Velha within the scope of the Digital Commercial District project supported by a web platform and a mobile application, hereinafter identified as the Marketplace, provides a digital space where local merchants can present and sell their products and services. The Marketplace acts as a technical intermediary between buyers and sellers, facilitating the transaction, but not intervening in the definition of the commercial offer nor assuming responsibility for the products or services sold.
2. Registration and Account
Only legally established merchants with a regularized tax situation can register on the platform.
During the registration process, the merchant must provide complete, true, and updated information, including tax data (e.g., NIF) and bank details (for payment processing). The merchant undertakes to keep the data updated over time.
The platform reserves the right to suspend or cancel accounts that violate these Terms and Conditions or present incorrect, incomplete, or fraudulent information.
3. Merchant Obligations
The merchant undertakes to:
- Ensure the veracity and clarity of product/service descriptions, images, and characteristics;
- Ensure that products comply with applicable national and European legislation, including safety standards, labeling, and warranties;
- Freely establish prices, delivery times, and return policies, respecting the limits imposed by current legislation;
- Provide diligent customer support service, responding quickly and effectively to questions, information requests, and complaints.
- The merchant must respond to customer complaints within a maximum of 5 business days, informing the buyer about the measures taken to resolve the problem.
4. Payments and Commissions
The Marketplace may apply commissions on sales made, with the respective values, conditions, and periodicity being previously communicated to the merchant.
The amount and calculation methodology of commissions will be subject to analysis in the context of maintaining the economic-financial sustainability of the Marketplace after the conclusion of the PRR funding period.
Payments to the merchant will be made through the methods defined by the platform, in accordance with the previously established deadlines.
The merchant is responsible for issuing invoices to buyers, in accordance with applicable tax legislation, and must ensure compliance with all accounting and tax obligations.
5. Deliveries and Returns
It is the merchant’s responsibility to:
- Proceed with the shipment and delivery of products within the announced deadlines;
- Manage returns and refunds in accordance with consumer protection legislation, including the right of free withdrawal and legal warranties;
- Promptly inform the buyer of any logistical difficulties, proposing suitable alternative solutions.
6. Warranties and Responsibilities
The merchant assumes full responsibility for the products and services provided, including any defects, warranties, and legal obligations.
The Digital Commercial District assumes no responsibility for damages, losses, or disputes arising from the relationship between merchants and buyers.
The merchant undertakes to maintain a high standard of quality and trust, according to the criteria and policies defined by the Marketplace.
Merchants grant the Marketplace a non-exclusive license to use the provided content (e.g., photos, descriptions) for marketplace promotional purposes, provided intellectual property rights are respected.
7. Penalties and Account Suspension
The Marketplace may, with prior notice, suspend or delete the merchant’s account in cases of:
- Fraudulent or illicit practices;
- Repeated non-compliance with the Terms and Conditions;
- Serious or recurring complaints from customers.
The merchant will be notified of the decision and may present a counter-argument or justification, within the deadlines and forms defined by the platform.
In case of disputes with the Marketplace, merchants can resort to consumer arbitration centers such as the Lisbon Consumer Conflict Arbitration Center (www.centroarbitragemlisboa.pt) or the European online dispute resolution platform (https://ec.europa.eu/consumers/odr).
8. Changes to the Terms
Within the scope of their activity on the Albergaria Digital Commercial District Marketplace, merchants’ personal data are collected and processed by the platform’s managing entity for the following purposes:
- Merchant account management;
- Fulfillment of legal and tax obligations;
- Operational and administrative communications related to platform operation;
- Prevention of fraud and abuse.
Processing is carried out based on the execution of the contract concluded between the merchant and the Marketplace, as well as on the fulfillment of legal obligations and the legitimate interest of the platform in ensuring the proper functioning of the service.
Data may be shared with service providers contracted by the platform, always with adequate guarantees of security and confidentiality.
The merchant has the right to access, rectify, restrict, or erase their personal data, as well as to lodge a complaint with the competent supervisory authority. For more information, the merchant should consult the platform’s Privacy Policy.
9. Changes to the Terms
The platform reserves the right to modify these Terms and Conditions. Changes will be communicated with reasonable advance notice through the platform’s usual channels. Continued use of the account after communication will be considered acceptance of the new conditions.
Changes to the Terms and Conditions will be communicated with a minimum notice period of 15 days before their entry into force.