General terms and conditions
Introduction
This contractual document governs the General Terms and Conditions for the sale of products (hereinafter referred to as the “Conditions”) through the website www.trilhaverao.com, owned by TRILHA VERÃO PORTUGAL, hereinafter referred to as the PROVIDER, whose contact details are also set out in the Legal Notice of the aforementioned website.
These Conditions shall remain published on the website and available to the USER in order to allow their reproduction and storage as confirmation of the contract, and may be amended at any time by the PROVIDER. It is the USER’s responsibility to review them periodically, and the Conditions in force at the time the order is placed shall apply.
The PROVIDER shall archive the electronic document formalising the purchase and shall make it available to the USER whenever requested.
Contracts shall not be subject to any specific formalities, except in cases expressly provided for in the Civil and Commercial Codes, as well as in the special legislation applicable in Spain, Portugal and the European Union.
Acceptance of this document implies that the USER:
- Has read, understood and fully accepts its content;
- Has sufficient legal capacity to enter into contracts;
- Assumes all obligations set forth herein.
These Conditions shall remain in force for an indefinite period and shall apply to all purchases made through the PROVIDER’s website.
The PROVIDER states that it conducts its business responsibly and is aware of the legislation in force in the countries to which it ships its products, in particular consumer protection regulations of the European Union, Spain and Portugal, and reserves the right to unilaterally amend these Conditions, without affecting orders placed prior to the date of such amendments.
Identity of the Contracting Parties
On the one hand, the PROVIDER of the products purchased by the USER is TRILHA VERÃO PORTUGAL, with registered office at Rua dos Sobreiros, no. 25 – 1st left, Cascais, 2750-611, Portugal, Tax Identification Number (NIF) 323 589 421, and customer support telephone number +351 961 925 899.
On the other hand, the USER, a natural person who registers on the website by creating a username and password, assumes full responsibility for their use and safekeeping, as well as for the accuracy of the personal data provided to the PROVIDER.
Purpose of the Contract
The purpose of this contract is to regulate the contractual sale and purchase relationship established between the PROVIDER and the USER at the moment the USER accepts these Conditions during the online purchasing process.
The contractual relationship entails the delivery of a specific product in exchange for a previously determined price, publicly displayed on the website.
Data Rectification
Whenever the USER identifies errors in the data published on the website or in documents generated within the scope of the contractual relationship, they may notify the PROVIDER via email at trilhaverao.pt@gmail.com, so that the PROVIDER may correct them as soon as possible.
The USER may keep their data up to date by accessing their user account.
Contracting Procedure
To access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and must register on the website by creating a user account, freely and voluntarily providing the requested personal data.
Such data shall be processed in accordance with Regulation (EU) 2016/679 (GDPR) and the data protection legislation in force in Spain and Portugal, as detailed in the Legal Notice and Privacy Policy of the website.
The USER undertakes to use their username and password diligently, not to disclose them to third parties, and to immediately inform the PROVIDER of any loss, theft or unauthorised access, so that immediate blocking may be carried out.
The contracting procedure shall follow the steps below, in accordance with the applicable e-commerce legislation in the European Union:
1.General contracting clauses
2.Shipment and delivery of orders
3.Right of withdrawal
4.Complaints and online dispute resolution
5.Force majeure
6.Jurisdiction
7.General terms of the offer
8.Price and validity period of the offer
9.Shipping costs
10.Payment methods, charges and discounts
11.Purchase process
12.Severability and suspension or termination of the contract
13.Warranties and returns
14.Applicable law and jurisdiction
1. General Contracting Clauses
Placing an order with the PROVIDER implies full acceptance of these Conditions by the USER. No stipulation proposed by the USER shall prevail over those of the PROVIDER unless expressly accepted in writing by the latter.
2. Shipment and Delivery of Orders
The PROVIDER shall not dispatch any order until receipt of payment has been duly confirmed.
Shipments are generally made according to the following options and approximate timeframes:
- Home delivery in two business days in Portugal and Spain
- International deliveries within Europe: timeframe upon request
Shipment shall be made once product availability and payment have been confirmed.
Delivery shall be deemed completed when the carrier makes the products available to the USER and the USER, or an authorised third party, signs the delivery receipt.
Failure to perform the distance contract
If the contracted product or service is not available within the expected timeframe, the PROVIDER shall inform the USER, who may cancel the order and receive a full refund of the amount paid, at no additional cost.
In the event of an unjustified delay in the refund, the USER may claim compensation in accordance with consumer protection legislation applicable in Spain, Portugal and the European Union.
The PROVIDER shall not be liable where delivery cannot be made due to incorrect, incomplete or false information provided by the USER.
Delivery shall be deemed to have taken place at the moment when the carrier has made the products available to the USER and the USER, or a representative authorized by the USER, has signed the delivery receipt document.
The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery. The USER may, by means of a simple statement, require conformity to be restored, a price reduction or termination of the contract, without prejudice to any right to compensation for damages, where applicable.
The USER shall have the right to suspend payment of any outstanding amount until the PROVIDER fully complies with the obligations arising from this contract.
It is the USER’s responsibility to check the products upon receipt and to record any justified reservations or complaints on the delivery receipt.
3. Right of Withdrawal
The USER has a period of fourteen (14) consecutive days from receipt of the product to exercise the right of withdrawal, in accordance with Directive 2011/83/EU and the national consumer protection legislation in force in Spain and Portugal.
If the PROVIDER has not properly fulfilled its duty to provide information, the withdrawal period shall be extended to twelve (12) months.
The right of withdrawal shall not apply in cases legally excluded by applicable legislation.
Returns must be previously communicated to the PROVIDER via email at trilhaverao.pt@gmail.com, indicating the order or invoice number.
Return shipping costs shall be borne by the USER, except for the first exchange or return in Spain and Portugal, which shall be free of charge. From the second exchange onwards, or in international orders, return costs shall be borne by the USER.
Refunds shall be issued using the same payment method used for the purchase, provided that the products are returned in perfect condition and in their original packaging. If the item is not returned in the same condition as received, showing damage, stains, damaged packaging or any other circumstance that reduces its value, the PROVIDER may refuse to issue a refund.
4. Complaints and Online Dispute Resolution
The USER may submit any complaint through the following channels:
- Address: Rua dos Sobreiros, 25 – 1st left, Cascais, 2750-611
- Telephone: +351 961 925 899
- Email: trilhaverao.pt@gmail.com
In case of conflict, you can resort to the Alternative Resolution of Consumer Disputes, which covers mediation, conciliation and arbitration, under the terms provided for in Law No. 144/2015, of 8 September (the list of Alternative Dispute Resolution Entities here)
In accordance with Regulation (EU) No. 524/2013, the USER may also use the European Online Dispute Resolution (ODR) platform, available at:
http://ec.europa.eu/consumers/odr/
5. Force Majeure
Neither party shall be liable for failure to perform its obligations where such failure results from force majeure events. Performance of obligations shall be suspended for the duration of such events.
6. Jurisdiction
The USER may not assign, transfer or convey the rights, responsibilities or obligations arising from this contract.
If any provision of these Conditions is deemed invalid, illegal or unenforceable, this shall not affect the validity, legality or enforceability of the remaining provisions.
The USER declares having read, understood and fully accepted these Conditions.
7. General Terms of the Offer
All sales and deliveries carried out by the PROVIDER shall be subject to these Conditions.
Any modification, alteration or agreement contrary to TRILHA VERÃO PORTUGAL’s commercial offer or to what is stipulated herein shall only be effective if formalised in writing and signed by the PROVIDER, in which case such specific agreement shall prevail.
8. Price and Validity Period of the Offer
The prices indicated for each product or service include Value Added Tax (VAT) or other applicable taxes. Unless expressly stated otherwise, prices do not include shipping or communication costs, handling fees or any additional or ancillary services.
Applicable prices are those published on the website and are expressed in EURO (EUR). The USER accepts that the economic valuation of some products may vary in real time.
Before completing the purchase, the USER may review all details of the order online, including items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total purchase amount. Prices may change daily until the order is placed.
For orders delivered to countries outside the European Union, the prices displayed do not include any customs duties, import taxes, local taxes or other charges that may be applied by the destination country. Any such charges, where applicable, shall be the sole responsibility of the USER and may not be charged to the PROVIDER, who has no control over their application, amount or collection by the competent authorities of the destination country.
Once the order has been placed, prices shall remain fixed, regardless of product availability.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the legal entity indicated at the time of purchase. The invoice shall be sent in paper format together with the purchased product and also by email in PDF format. The invoice may also be downloaded in PDF format via the website’s user account panel.
For any information regarding the order, the USER may contact the PROVIDER’s customer support service by telephone at +351 961 925 899 or by email at trilhaverao.pt@gmail.com.
9. Shipping Costs
Prices published in the store do not include shipping or communication costs, nor installation, unloading or complementary services, unless expressly agreed otherwise.
Shipping costs shall be calculated when the USER saves the cart or quote, based on the weight of the products and the delivery address.
10. Payment Methods, Charges and Discounts
The PROVIDER is responsible for financial transactions and offers the following payment methods:
- Credit card
- MBway
The website uses standard industry security measures to protect USER data.
Security Measures
The website applies information security techniques generally accepted in the industry, such as SSL, secure data entry pages, firewalls, access control procedures and cryptographic mechanisms, in order to prevent unauthorised access to data. For this purpose, the user/customer agrees that the PROVIDER may collect the data necessary for authentication of access controls.
The PROVIDER undertakes not to allow any transaction deemed illegal by credit card brands or the acquiring bank, or that may damage their reputation or image.
In accordance with card brand programs, the sale or offer of products or services that do not comply with all applicable laws governing the Buyer, Issuing Bank, Merchant or Cardholder is strictly prohibited.
11. Purchase Process
Any product from our catalogue may be added to the shopping cart. The cart will display only the selected items, quantities, prices and total amount. After saving the cart, applicable taxes, charges and discounts will be calculated based on the payment and shipping details provided.
Shopping carts have no administrative binding effect and serve solely as a means to simulate a quote, without commitment from either party.
From the cart, the USER may complete the order by following these steps:
1.Verification of billing details;
2.Verification of shipping address;
3.Selection of payment method;
4.Order confirmation (purchase).
Once the order is processed, the system will automatically send an email to the PROVIDER’s management department and another to the USER’s email address confirming the order.
Before final confirmation, information regarding the order status and the estimated shipping and/or delivery date will be provided.
12. Severability and Suspension or Termination of the Contract
If any provision of these Conditions is deemed illegal, null or unenforceable for any reason, such provision shall be considered severable and shall not affect the validity, legality or enforceability of the remaining provisions.
The PROVIDER may, without prior notice, suspend or terminate, in whole or in part, the USER’s access to its services whenever the USER fails to comply with the obligations set forth in this contract or with any applicable law, licence, regulation, directive, code of practice or policy.
The exercise by the PROVIDER of any right or power under this clause shall not prejudice or affect the exercise of any other right, power or remedy available to it.
13. Warranties and Returns
Warranties shall be governed by the consumer protection legislation in force in Spain, Portugal and the European Union.
14. Applicable Law and Jurisdiction
These Conditions shall be governed by European Union consumer protection legislation, as well as by the applicable national legislation in Spain and Portugal.
In the event of a dispute, the parties agree to submit to the courts and tribunals having jurisdiction at the USER’s place of residence, in accordance with applicable law.
