Introção

The General Terms of Use relate to the use of the online platform available at https://nazaréwaterfun.store (hereinafter referred to as the "NazaréWaterFunStore Online Shop"), developed and owned by Arebiri Eventos Unipessoal Lda, with registered offices at Rua Gomes Freire Nº38 R/C 2450-222 Nazaré, NIPC 508234344.

In particular, these General Terms of Use regulate the use of the NazaréWaterFunStore Online Shop by interested parties who register with it in order to become customers (hereinafter "Buyer" and/or "Buyers") and also by suppliers (hereinafter "Supplier" and/or "Suppliers"), by suppliers (hereinafter "Supplier" and/or "Suppliers") who wish to make their products (hereinafter "Products") available there for purchase by the former, through an ordering process to be carried out under the terms set out herein for the purchase and sale of Products between Users and which may include one or more Products.

NazaréWaterFunStore will not be responsible for the activity of Users in the NazaréWaterFunStore Online Shop, and is in no way bound to approve, consent to or in any way control their activity. All activities permitted to Users may be carried out in the NazaréWaterFunStore Online Shop, within the limits established in these General Terms of Use, other complementary documents and applicable legislation, and all types of products may be sold, except those expressly identified in the "List of Products Not Allowed in the NazaréWaterFunStore Online Shop" as well as others that NazaréWaterFunStore may define from time to time and any and all products whose trade is prohibited by national law.

Use of the NazaréWaterFunStore Online Shop is subject to prior and express acceptance of these General Terms of Use by Users who, without prejudice to the provisions of point 2 below, must express their full consent to them when registering with the Online Shop.

These General Terms of Use are permanently available in the NazaréWaterFunStore Online Shop for consultation and printing by any interested party, who may also save them in digital format at any time.

 

  1. FRAMEWORK OF THE NAZARÉWATERFUNSTORE ONLINE STORE AND FUNCTION OF NazaréWaterFunStore

1.1 Through the NazaréWaterFunStore Online Shop, NazaréWaterFunStore gives Suppliers the opportunity to sell Products to Buyers and Buyers the opportunity to purchase them from Suppliers, while also allowing Buyers, among other activities to be defined from time to time, to share and publicize the Products they purchase, the Products they would like to purchase and the Products they think third parties may be interested in purchasing.

 

1.2 In this way, NazaréWaterFunStore's role is focused on the management, promotion, maintenance and development of the NazaréWaterFunStore Online Shop, participating in the transactions that are or will be promoted and/or carried out through it, thus being an integral part of the orders. Sales and purchases are made between Users and NazaréWaterFunStore. NazaréWaterFunStore is an integral part of the purchasing process, providing Users with the necessary forms of payment for the Products, receiving directly from the Purchasers the amounts paid by them by way of price and subsequently delivering them to the Suppliers under the terms agreed with them.

  1. ACCEPTANCE OF THE GENERAL TERMS OF USE

2.1. Users should read these General Terms of Use carefully before registering at the NazaréWaterFunStore Online Shop and before carrying out any actions there (namely any Orders), and it is also advisable to print them out and keep them on file.

 

2.2 As mentioned above, Users express their consent to these General Terms of Use when registering at the NazaréWaterFunStore Online Shop, and this consent is renewed by Buyers whenever they place an Order and by Suppliers whenever they accept them.

 

2.3 NazaréWaterFunStore may change the content of these General Terms of Use at any time and without prior notice, including the possibility of changing any of its complementary documents.

 

2.4 The use of the NazaréWaterFunStore Online Shop - including the placing of Orders - shall be subject to the General Terms of Use and other documents supplementary thereto, namely those referred to in the Introduction, which must always be read, analyzed, understood and interpreted in a joint, integrated and complementary manner.

 

2.5. For a given Order, the General Terms of Use in force on the date on which the Order was completed shall apply and not any others that may be in force on the date on which any claim or dispute arises.

 

  1. USER RESPONSIBILITY

3.1. Liability arising from the use of materials protected by intellectual and industrial property rights contained in the NazaréWaterFunStore Online Shop shall be the sole responsibility of the user.

 

3.2 If the Buyer wishes to delete their registration in the NazaréWaterFunStore Online Shop, they can easily do so in the Buyer's area, and their personal data and other information provided by the Buyer in question will be deleted under the terms of the Privacy Policy mentioned in Point 14 of these General Terms of Use.

 

  1. ACTIVITIES OF NON-REGISTERED USERS IN THE ONLINE STORE

4.1 Until the successful completion of a Buyer's registration, the Buyer will always be able to access the NazaréWaterFunStore Online Shop, having access to the content made available by the suppliers, and will also be able to place orders, only being asked for the data necessary to complete the order. All actions on the Platform require prior registration/login.

 

  1. ACTIVITIES OF BUYERS IN THE ONLINE SHOP NazaréWaterFunStore

5.1 Purchasing Products: Each Buyer may place Orders, or simply add Products that interest them to their "Shopping Cart", anywhere on the platform.

 

5.2 NazaréWaterFunStore reserves the right to change the list of activities available to Buyers in the NazaréWaterFunStore Online Shop, as and when it sees fit, useful or necessary.

 

  1. ORDERING BY BUYERS NazaréWaterFunStore

6.1 The Order process will necessarily include the following phases:

 

6.1.1 Choice of Product(s) Phase: The Buyer must choose the product(s) which are the subject of their Order and which are present in the online store;

 

6.1.2 Order Instruction Phase: The Buyer must provide the information required during the Order process, which will consist, in particular, of the delivery address, shipping method, payment method and tax identification number;

 

6.1.3. Confirmation Phase: The Buyer must confirm the correctness and authenticity of all the elements provided by him, as well as his acceptance of the price(s) of the Product(s) subject to the Order, the shipping costs, the delivery time indicated by NazaréWaterFunStore for each Product subject to the Order, and any other expenses associated with it, as well as analyze and, if applicable, give his consent to NazaréWaterFunStore's "Shipping, Returns and Exchanges Policy";

 

6.1.4 Payment stage: The Buyer must indicate which means of payment he wishes to use for the purpose of paying for the Product(s) covered by the Order;

 

6.1.5 Order Finalization Phase: The Buyer must finalize their Order, with the consequences referred to in point 6.2. below, by selecting the option indicated in the NazaréWaterFunStore Online Shop for this purpose;

 

6.1.6. NazaréWaterFunStore Confirmation Phase: The Buyer will receive an e-mail in which NazaréWaterFunStore will confirm the successful completion of the Order, indicate an "Order Number" that the former must use in all subsequent communications with the Supplier, deliver the invoice relating to the transaction.

 

6.2 By completing the order process, the Buyer validates their full and complete acceptance of these General Terms of Use, which implies, in particular, acceptance of the Product(s) chosen, their price and description, as well as the assumption of all rights and obligations arising from these General Terms of Use and other documents referred to herein, in particular the NazaréWaterFunStore "Shipping, Returns and Exchanges Policy".

 

6.3 Once the Order process described in point 6.1 above has been completed, the Supplier in question shall prepare the order, in accordance with the shipping policy, so that the carrier can collect the Product and deliver it to the Purchaser's address or to a delivery point of the carrier if that is the option chosen, thus complying with all the legal duties to which it is subject under the terms of the legislation in force.

 

6.4 In the message referred to in point 6.1.6 above, which NazaréWaterFunStore will also send to the Buyer, in addition to the information required by law, all the data entered by the Buyer during the Order process will be included, and the Buyer will have to verify the accuracy of the data and, if necessary, immediately notify NazaréWaterFunStore of any necessary changes, and will therefore be entirely responsible for any consequences of any error or lapse in filling in the Order.

 

6.5 NazaréWaterFunStore gives the Buyer the opportunity to follow the execution of the Order in the NazaréWaterFunStore Online Shop at any time after its completion.

 

6.6 The completion of the Order will constitute proof of the order, in accordance with the legal provisions, allowing the amounts appearing on the respective receipt to be demanded.

6.7 Buyers and Suppliers agree that the computerized records, kept in NazaréWaterFunStore's computer system under secure conditions, are proof of the communications made, as well as the Orders and payments made.

 

  1. PAYMENT OF ORDERS BY BUYERS

7.1 NazaréWaterFunStore will commission an external entity to guarantee the full, safe and correct execution of payments made by Buyers in the NazaréWaterFunStore Online Shop, namely the inviolability of bank details provided by Buyers.

 

7.2 Payment for the Product(s) purchased in the NazaréWaterFunStore Online Shop must be made by credit card or ATM payment under the terms indicated in the "Payment Policy" document.

 

7.3 The invoice relating to each Order shall be issued by NazaréWaterFunStore and shall be sent to the Buyer, and shall be instructed with the information provided by the Buyer (no changes shall be permitted once the invoice has been issued).

 

7.4 The prices of the Products are clearly indicated in the NazaréWaterFunStore Online Shop and are expressed in euros (€); these prices do not include: (i) the shipping costs of the Product(s) purchased; (ii) the amounts corresponding to any taxes and/or customs import duties due for the import of these products, which costs shall be borne by the Buyer who places the Order.

 

7.5 The shipping costs of the Product(s) purchased, which may vary depending on the method of shipment, the value of the Order, the weight and destination of the Product(s), will be presented in itemized form before the Order is finalized.

 

7.6 When we process your order, we will inform you as soon as possible by e-mail if any of the products included in your order are not available. In this case, we will not charge you for the product.

 

  1. DELIVERY OF ORDERS TO BUYERS

8.1. NazaréWaterFunStore, together with the Supplier selling the Product(s) purchased and the Carrier, will honor duly completed orders as soon as possible, shipping them in accordance with the "Shipping, Returns and Exchanges Policy" made available to the NazaréWaterFunStore Buyer and accepted by the Buyer at the time the order is completed.

 

8.2 In some cases NazaréWaterFunStore will not be able to confirm a specific delivery date when the Buyer places their order. In such cases, it will provide a best estimate, usually indicating a range of days. In addition, the Buyer can check the status of their order at any time in their personal area of the NazaréWaterFunStore Online Shop or by contacting customer service via email at

store@nazarewaterfun.com.

 

8.3 At the time of delivery of the Products to the Buyer, the Buyer must carefully check:

 

  1. a) That the tamper-proof label (if applicable) remains intact and that the packaging has not been damaged or altered in any way;
  2. b) That the Product(s) delivered corresponds to the Product(s) purchased from the NazaréWaterFunStore Online Shop; and
  3. c) That the number of the Product(s) delivered corresponds to the quantity of the Product(s) purchased from the NazaréWaterFunStore Online Shop;
  4. d) That the product is in good condition.

 

8.4 The Buyer must immediately report, by emailing store@nazarewaterfun.com, any breach of the tamper-proof label on the Product packaging (if applicable) or if the number of items/packages or indications does not correspond to that indicated on the respective invoice or if the product is faulty by contacting the NazaréWaterFunStore Online Shop and indicating the Order in which the problems occurred.

  1. ORDER GUARANTEES

9.1 NazaréWaterFunStore is responsible for complying with the legal procedures applicable to the sale of products through distance businesses to suppliers of goods, in particular discounts that are used for consumers.

 

9.2 As a result of the provisions of point 9.1 above, Suppliers are obliged towards Buyers and NazaréWaterFunStore to comply fully and in a timely manner with the obligations indicated and established therein, all under the terms of the applicable law and the respective NazaréWaterFunStore "Shipping, Returns and Exchanges Policy".

  1. RIGHT OF WITHDRAWAL

 

10.1 In order to exercise the right of withdrawal, the Buyer must return all the material received by post within 14 days of receipt of the order. This material must be new and complete, as at the time of receipt of the order, and the products must be returned to us in their original condition.

 

10.2 The Buyer must send an e-mail to store@nazarewaterfun.com or contact us via the messaging channel provided in the "Order Area" stating their intention to return the item and the reasons for this.

 

10.3 In addition to what is referred to in point 10.2. above, the Buyer will find in the "Orders Area" of the NazaréWaterFunStore Online Shop all the means necessary for the full and timely exercise of their legal rights, and may at any time have access in real time to the "status" of all the Orders they have placed and, at that same moment, choose to exercise their "right of withdrawal" on the Product(s) that are part of it, if the requirements for exercising the right in question are met.

 

10.4 In order to exercise the right of withdrawal within 14 working days, in accordance with the provisions of Decree-Law no. 24/2014, of February 14, amended by Law no. 47/2014, of July 28 and Decree-Law no. 47/2014, of July 28, to return, exchange or activate the product warranty, Buyers should consult the "Shipping, Returns and Exchanges Policy" of the NazaréWaterFunStore Online Store.

  1. PRODUCT QUALITY AND CHARACTERISTICS

 

11.1 The Suppliers guarantee that the Products made available in the NazaréWaterFunStore Online Shop are in accordance with the national and EU legislation in force, and are individually responsible for any non-compliance.

 

11.2 Suppliers undertake to follow certain sustainability principles such as recycling and choosing durable raw materials; ethical and sustainable products; transparency in actions such as water and energy consumption and working conditions; and local production.

 

11.3 The images and colors of the Products published in the NazaréWaterFunStore Online Store may differ from their actual images and colors due to the display settings of local systems and/or the devices used by Buyers to view them.

 

11.4 Suppliers assure NazaréWaterFunStore that when selling these products using the NazaréWaterFunStore Online Store, they respect all applicable rules and regulations, including, but not limited to, the provisions of Law 98/2015, of August 18, as amended by Decree-Law 120/2017, of September 15.

  1. FOR COMPLAINTS

12.1 For complaints and claims relating to the online store you can contact the store via the following email store@nazarewaterfun.com or additionally via our complaints book. More information on the website of the Directorate-General for Consumer Affairs: www.consumidor.gov.pt

 

  1. ONLINE STORE MANAGEMENT NazaréWaterFunStore

 

13.1 Suppliers acknowledge that the management of the NazaréWaterFunStore Online Shop is the responsibility of NazaréWaterFunStore and that they have no right or expectation to interfere in these activities.

 

13.2 Suppliers also acknowledge that NazaréWaterFunStore is perfectly free to authorize the entry of any new Suppliers or delete the accounts of those who, in its sole and exclusive discretion, harm the operation of the NazaréWaterFunStore Online Store or contribute in any way to some kind of imbalance in the relationship between all Suppliers.

 

13.3 NazaréWaterFunStore shall not be held liable for any inconvenience or damage caused to Suppliers and Purchasers by the use of the Internet, in particular those resulting from disruption of the respective service, external intrusion, anomalies caused by computer viruses or any other cause of which it is unaware.

  1. PRIVACY POLICY

 

14.1 NazaréWaterFunStore manages User information in accordance with the legal provisions applicable to the protection of personal data, as specified in the specific section of the NazaréWaterFunStore Online Store entitled "Privacy Policy".

  1. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

 

15.1 The information made available by NazaréWaterFunStore or by third parties in the NazaréWaterFunStore Online Shop is protected under the terms of the legal provisions relating to industrial and intellectual property rights and other rules set out in the specific section of the NazaréWaterFunStore Online Shop entitled "Industrial and Intellectual Property Policy".

  1. CONFLICTS AND JURISDICTION

These General Terms of Use are subject to Portuguese law and any disputes arising from their interpretation, integration or execution shall be settled by the courts of the district of Lisbon, with the Parties expressly waiving the jurisdiction of any other court.

Under the terms of Law no. 144/2015 of September 8, in the event of a dispute, the parties may resort to an Alternative Dispute Resolution body, the competent body in Portugal being the Centro de Arbitragem de Conflitos de Consumo de Lisboa, located at Rua dos Douradouros, 116, 2º 1100-207, Lisbon, available at www.centroarbitragemlisboa.pt Or, outside Portugal at the European Commission's RLL Platform, accessible at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PT

 

INTELLECTUAL AND INDUSTRIAL PROPERTY POLICY

 

  1. General Principle

 

1.1 The rights relating to intellectual and industrial property such as trademarks, logos, texts, photographs, icons, images, as well as the graphic design, source code and other software elements contained in the NazaréWaterFunStore Online Shop are the property of NazaréWaterFunStore and are therefore subject to intellectual and industrial property rights, safeguarded by Portuguese and international legislation.

 

  1. Prior Written Authorization

 

2.1 The availability of Products in the NazaréWaterFunStore Online Store does not imply that NazaréWaterFunStore waives, transfers, assigns in whole or in part the rights derived from intellectual and industrial property, nor does it grant rights of use, alteration, exploitation, reproduction, distribution or public communication of this content, without the prior express written authorization of the respective rights holders.

 

2.2 The foregoing paragraph shall not preclude the rights to view and obtain a private backup copy of the content referred to therein, provided that: (i) these rights are exercised in accordance with the principles of good faith; (ii) the intellectual and industrial property thereof remains unchanged; and (iii) they are exercised without profit-making intentions and exclusively for the User's personal and exclusive information.

  1. User responsibility

3.1. Liability arising from the use of materials protected by intellectual and industrial property rights contained in the NazaréWaterFunStore Online Shop shall be the sole responsibility of the user.

  1. Intellectual and Industrial Property Policy and General Terms of Use

 

4.1. This "Intellectual and Industrial Property Policy" is an integral document of the "General Terms of Use" of the NazaréWaterFunStore Online Shop and its reading, analysis, understanding and interpretation must always be done in accordance with and in conjunction with the terms and conditions established in the document in question and other documents complementary to it, duly identified therein.

  1. Abbreviations

5.1. Bearing in mind the provisions of the previous point, terms beginning with a capital letter in this "Intellectual and Industrial Property Policy" have the same meaning given to them in the "General Terms of Use" of the NazaréWaterFunStore Online Shop, unless a different meaning is derived from this document.