1st These general sales conditions are agreed between the Associação de Turismo do Porto, a private bureau, with headquarters at Av. Inferior à Ponte D. Luis I, n.º 53 1.º 4050-074 Porto, Portugal, with VAT number 503393517, hereinafter referred to as "ATP" and the people that wish to shop through the Portal de Turismo da Associação de Turismo do Porto, hereinafter referred to as "User".
2nd These conditions apply exclusively to non-trading private individuals, understanding as such any private individual that operates with purposes which are not part of the scope of his/her professional activity.
3rd The parties agree that the purchases made through the Portal de Turismo da Associação de Turismo do Porto will be exclusively governed by this contract, with the exception of any conditions previously available in the Portal de Turismo da Associação de Turismo do Porto.
SECTION 1 – SUBJECT
1. The aim of these general sales conditions is to make available and define all the information necessary to the user concerning the purchases order, sell, payment and delivery options made through the Portal de Turismo da Associação de Turismo do Porto – http://visitportoandnorth.travel / http://visitportoandnorth.ecwid.com.
2. These conditions govern all the necessary steps to perform the order and guarantee the pursuance of this order between the Contracting Parties.
3. These general conditions will not be applicable if, by the type of order, it is observed that the User is not the final consumer, as defined in paragraph a) of no. 3 of section 1 of the Decree-Law no. 143/2001, from the 26th April.
SECTION 2 – ORDER
1. The User may send his/her order through the purchase process designated in the Portal de Turismo da Associação de Turismo do Porto referred to above as "checkout", after having used the device online, selecting "purchase":
a) from the online catalogue presented in the Portal de Turismo da Associação de Turismo do Porto;
b) from websites of partners or third parties with whom the Associação de Turismo do Porto may have or is likely to have that type of partnerships.
2. To send his/her order, the User must:
a) register himself/herself in the Portal de Turismo da Associação de Turismo do Porto, making available for the effect the information requested there - see more about this matter;
b) perform the "authentication" step (providing a combination of email and password chosen by the User during the register);
c) complete the information and choose the options which are made available to the user throughout the "checkout" process (delivery and invoicing address; shipping method; payment method, as well as the VAT number and the name that, for tax purposes, the user wants to include in the invoice).
3. The shipping of the order made by the User corresponds to the full and complete acceptance of the prices and the description of the products available for sale, as well as the general sales conditions which will be the only applicable to the completed contract.
4. The Associação de Turismo do Porto will honour the orders received online only until the limit of the stocks available; in the event of lack of product availability, the Associação de Turismo do Porto commits itself to inform the User as soon as possible.
5. The data included in the invoice are the User's full responsibility. After issuing the invoice, it is not possible to issue it again with changes.
SECTION 3 – DELIVERY
1. The delivery of orders can be made through several methods, as stated in the table posted in the Help section of the Portal de Turismo da Associação de Turismo do Porto.
The home delivery cannot be made to P.O. Boxes.
The Associação de Turismo do Porto commits itself to deliver the items ordered as soon as possible. The availability periods included in the product sheets must be considered as merely indicative. The availabilities included in the product sheets are based on the supplies history regarding those products. Such estimates do not guarantee future supplies. The Associação de Turismo do Porto will always make an effort to comply with those periods. The Associação de Turismo do Porto, anticipating the difficulty in the fulfilment of delivery periods, shall inform the User, making available the contract's termination option. By not claiming that right, we assume that the User is still interested in the order and he/she authorizes that the delivery is made after the mentioned period.
To follow an order in progress, the User shall go to the customer area of the online store.
To estimate the full period up to the reception of an order, the User shall take into account the following equation (the date to be considered for the start of the counting is always the date of its payment reception):
Full Period for Delivery = Products availability* + Shipment
For example, an order paid with Credit Card (immediate payment = 0 days), with two products in which the maximum availability indicated was of 48 hours (availability = 2 days) and the Day Express shipment for Continental Portugal (dispatch = 1 day), it means that the order would be delivered within 3 days (0+2+1).
*Availability: Availability is the period of time in which the product is ready for expedition. In an order of 2 or more products with different availabilities, one shall always consider the greatest values.
The availability may be checked in the fact sheet of each product.
SECTION 4 – PAYMENT
1. The Associação de Turismo do Porto suggest the following payment methods to the User:
a) PayPal system;
b) Credit card (Visa, MasterCard and American Express).
2. The User will pay a total sum corresponding to the order handling costs; the additional expenses will be comprised by fixed costs, as for the packaging and shipment costs.
3. In case of payment with credit card, the debit will be made in the User's card immediately after the order registration. If some products ordered are out of stock, their value will be credited to the User's card after placing the order.
4. The Associação de Turismo do Porto will use all its efforts to ensure the utmost confidentiality and safety in the data made available online.
SECTION 5 – PRICES
1. The prices must be in Euros, with rates and taxes included, taking into account the VAT in effect at the moment of the order payment.
2. If a change in the price table of products for sale is observed in the Portal de Turismo da Associação de Turismo do Porto, such situation requires an update of the prices announced. If such situation occurs with some product of an order, in case the same implies a price raise, the User will be immediately informed, being able to choose to receive his/her order (paying the difference) or to proceed with its cancellation.
3. The prices presented in the "checkout" process always correspond to the most up-to-date prices in effect, however, they should only be considered valid while they are shown on the website of a refreshed page (cache or non-refreshed pages can show prices that are not already in effect). The price seen is only guaranteed under these conditions and only after the order is duly registered.
SECTION 6 – DISCOUNTS
1. In the Portal de Turismo da Associação de Turismo do Porto there are two types of price promotional proposals, in the form of percentage discounts over the retail selling price, which can be seen in several pages, namely in the products sheets and in search results lists, being only necessary to click on the discount.
a) Immediate discounts are price reductions which are in effect for a period not previously determined, for these promotions must only be considered valid while they are shown on a refreshed page (cache or non-refreshed pages can show discounts that are not already in effect). The discount seen is only guaranteed in these conditions and only after the order is duly registered.
In order to ensure these discounts, it is necessary that the product is added to the basket and the "checkout" is made with the visible promotion.
b) Campaign discounts are price reductions that have an effective date. These discounts represent a commitment during the period announced, but always under the condition that the order is completed by the User through "checkout" and paid up to the end of that period.
In order to ensure these discounts, it is necessary that the product is added to the basket and the "checkout" is completed with the visible promotion.
2. To save a product in the "shopping basket" does not guarantee its price or discount.
SECTION 7 – GUARANTEES
1. Any order contract made in the Portal de Turismo da Associação de Turismo do Porto can be freely terminated under the terms of section 6 of the Decree-Law no. 143/2001 from 26th April and reprinted by the Decree-Law no. 82/2008 from 20th May. For such, the User shall return his/her order within 15 days from its reception date, contacting our customer support service through the contact form that is available in the Portal de Turismo da Associação de Turismo do Porto – http://visitportoandnorth.travel.
2. The return process is simple, varying according to its origin, for the User must contact previously the Associação de Turismo do Porto.
3. The Associação de Turismo do Porto does not accept any return sent with freight to pay or cash on delivery, and commits itself to reimburse the User within 30 days from the reception of the return.
4. The products returned have mandatorily to be in conditions of sale, i.e., in the same condition they were upon the User's receipt, without any anomaly. The films and multimedia products must keep the corresponding inviolability seal, including the seal from IGAC - Inspeção Geral das Atividades Culturais (Office for the Cultural Activities).
5. If the value resulting from the products exchange of an order is superior to its initial value, the User will have to pay the difference, using one of the ways of payment available in no. 1 of section 4.
6. If the value resulting from the products exchange of an order is inferior to its initial value, or in case of return, the User may choose one of the following ways of return of the amount paid in excess:
a) shopping vouchers (valid to use for future purchases in the Portal de Turismo da Associação de Turismo do Porto); or
b) return by wire transfer to an account to be specified.
7. Items sent free of charge, in the form of samples, gifts or bonus, will not be reimbursed.
8. Taking into account the nature of the eBooks or the eBrochures, it will be considered that, in the terms and for the effects of what is provided in paragraph d) of section 7 of the Decree-Law no. 143/2001 from the 26th April and reprinted by the Decree-Law no. 82/2008 from the 20th May, from the moment when the User downloads the corresponding eBook and/or eBrochure, he/she can no longer return it, and Associação de Turismo do Porto considers that, in that moment, the "inviolability seal" of the eBook and/or eBrochure was broken. However, if you wish to cancel your order before downloading the eBook and/or eBrochure, or in case there is an error in the process or document, please contact us through our customer support service through the contact form that is available in the Portal de Turismo da Associação de Turismo do Porto.
SECTION 8 – CLAIMS
The User can present his/her claims to the Associação de Turismo do Porto through the contact form that is available in the Portal de Turismo da Associação de Turismo do Porto or via mail address to Av. Inferior à Ponte D. Luis I, nº 53, 1º 4050-074 Porto, Portugal.
SECTION 9 - LIABILITY
The Associação de Turismo do Porto is not liable for any inconvenient or losses caused to the User by the use of the Internet network, such as: service disruption, exterior intrusion, anomalies caused by computer viruses or any other case of force majeure.
SECTION 10 – PROCESSING OF PERSONAL DATA
SECTION 11 – NEWSLETTER
1. Newsletter is the emailing with promotions, offers and information, send directly to the User's email box provided to the Associação de Turismo do Porto at the moment of the User's registration.
2. The User can subscribe the Newsletter, being automatically registered from the moment when he/she does his/her first online order.
3. To change your personal data or cancel the request to send the Newsletter, you shall go to your registration and unable that option.
4. The Newsletter is exclusively from the Associação de Turismo do Porto.
SECTION 12 – PROOF
The Parties agree that the computer registers kept in the computer systems of the Associação de Turismo do Porto in reasonably safe conditions are proof of the communications, orders and payments made between the parties.
SECTION 14 – TRANSACTIONS PRESERVATION AND ARCHIVE
The orders and invoices archive will be made under a reliable and durable support to correspond to a faithful and durable copy.
SECTION 15 – APPLICABLE LAW AND COMPETENT JURISDICTION
1. The law applicable to any contractual relation that is established through the Portal de Turismo da Associação de Turismo do Porto is the Portuguese law.
2. To dissolve all and any conflict arising from any contract made in the terms of these general sales conditions, the District Court of Porto will be responsible, with express waiver to any other.
3. In the event of a dispute, the consumer may also apply to the competent alternative resolution body for consumer disputes, which is the Centro de Informação de Consumo e Arbitragem do Porto (Porto Centre for Consumer Information and Arbitration). The contact information for the centre is as follows: Rua Damião de Góis, 31, Loja 6, 4050-225, Porto Tel: +351 22 550 83 49 / +351 22 502 97 91 Fax: +351 22 502 61 09 Email: email@example.com