VIRTUAL SHOP GENERAL CONDITIONS
The conditions specified herein shall be agreed between LISMARKETING Informação, Equipamentos e Produtos do Turismo de Lisboa, Unipessoal Ldª., with its head office at Rua do Arsenal, 2, Lisbon, hereinafter referred to as “Loja Virtual Ask me Lisboa” and the persons who wish to make a purchase through the Official Internet Website of Turismo de Lisboa – www.askmelisboa.com, hereinafter referred to as “users”.
Orders may be shipped within Mainland Portugal and to the Islands, and to other countries worldwide provided they are covered by the transport company’s geographical coverage. Users who live outside the specified delivery zones cannot make purchases.
The parties agree that their relations will be regulated exclusively by this contract, except for any conditions stipulated in advance on the Website.
Should any condition be omitted, it shall be governed by the applicable uses and customs in the distance selling sector, according to the regulations of the Code of Ethics and Loyal Practices of AMD – Associação Portuguesa de Marketing Directo.
This Internet website at www.askmelisboa.com is owned by the company LISMARKETING Informação, Equipamentos e Produtos do Turismo de Lisboa, Unipessoal Ldª with its head office at Rua do Arsenal, 2, Lisbon.
DISCLAIMERS AND THEIR ACCEPTANCE
In using the website, a user shall be deemed a website user (hereinafter “User”) that has expressly and fully agreed to, without User reservations, all and any of the General Conditions in the version published by www.askmelisboa.com at the exact moment at which the user accesses the website. Consequently, the user must carefully read the General Conditions prior to confirming a purchase order.
Através da Loja Virtual Ask me Lisboa em "www.askmelisboa.com" facilita aos Utilizadores o acesso e a utilização de diversos serviços e conteúdos postos à disposição dos Utilizadores através da Loja Virtual Ask me Lisboa.
As presentes condições têm por objecto definir as modalidades de venda entre a Loja Virtual Ask me Lisboa da Associação de Turismo de Lisboa e o utilizador, da encomenda, passando pelo pagamento e a entrega.
These conditions govern all the necessary stages for ordering and guarantee completion of the order between the Contracting Parties.
Loja Virtual Ask me Lisboa reserves itself the right to unilaterally modify, at any moment and without prior notice, the website presentation and configuration, as well as the right to modify or eliminate, at any moment and without prior notice, the product catalogue and the required conditions for accessing and/or using the website.
WEBSITE ACCESS AND UTILISATION CONDITIONS
- Users may access and use this website free of charge
- Obligation of properly using the website and Services
- Means of obtaining Content
- Content developed by other entities
- Using the Access Code
- Obligation to follow instructions
- Liability for damages and losses
“www.askmelisboa.com” provides the website service free of charge for Users and does not require prior User subscription or registration. Nevertheless, some of the content may be used only after User subscription or registration.
Users shall use the website in compliance with the law, as described in Disclaimers, generally accepted ethics and good practices and public order. Users shall be suspended when they use the website and Services for illicit purposes or effects, contrary to what is stipulated in these Disclaimers, which would injure the rights and interests of third parties or that in any way may damage, render unusable, overload or deteriorate the website and Services or impede normal utilisation of the website by Users.
Some of the Content shown in the website is produced by independent entities and for which Loja Virtual Ask me Lisboa does not have any editorial responsibility. Opinions, projections, estimates and affirmations are the full responsibility of the entities that produce them and will be identified with a “copyright” symbol after the entity’s name or acronym, or only with the name or acronym.
Users shall make diligent use and maintain the secrecy of their access code/codes and User name/names assigned in each case for accessing the website and/or the Services. A User shall be held liable for expenses, damages and losses caused by the utilisation of the Services by any third party that uses its access code/codes and User name/names leading to improper utilisation or due to their loss by the User.
Users shall correctly and faithfully follow any instruction given by Loja Virtual Ask me Lisboa or by personnel authorised by Loja Virtual Ask me Lisboa regarding utilisation of the website and Services. For this purpose, Loja Virtual Ask me Lisboa or companies and personnel authorised by it may communicate with Users by electronic means.
Users shall be held liable for any type of damages and losses incurred by Loja Virtual Ask me Lisboa consequent to their non-compliance with any of the obligations to which they are bound through the Disclaimers.
To access and/or use some of the Services, it will be necessary for Users to supply in advance to Loja Virtual Ask me Lisboa certain personal information (hereinafter referred to as “Personal Information”).
This Personal Information will be processed and stored electronically and will be used in relations between Loja Virtual Ask me Lisboa and Users.
Clients are guaranteed the right to access their information and to correct it, for which they will access “My Account” and make the desired alterations. Loja Virtual Ask me Lisboa will register the respective database at the competent authority. Collected information may be ceded to other entities for specific purposes, such as for shipping orders or for contact purposes.
All these circumstances will be suitably notified in advance by Loja Virtual Ask me Lisboa to Users in the cases and in the manner where such is legally required. Nevertheless, Loja Virtual Ask me Lisboa may disclose Personal Information and any other information in its possession or accessible through its systems to the competent public authorities when the said information is requested in compliance with the legal and regulatory provisions applicable to the case.
Users are entitled to recognised rights and may exercise them to access, cancel, correct and object. Personal information gathered may circulate on the network not subject to security conditions, and may be viewed and/or used by third parties not authorised for the purpose, despite all appropriate security measures having been taken to protect against accidental or unauthorised destruction, accidental loss and also to protect against unauthorised access, modification or disclosure.
In all cases Users guarantee and are responsible for the veracity, accuracy, validity and authenticity of the Personal Information submitted and shall maintain it updated.
USERS ARE EXCLUSIVELY RESPONSIBLE FOR THEIR UTILIZATION OF THE WEBSITE, SERVICES AND CONTENT
Users are aware and voluntarily accept the use of the website, Services and of any Content that, in any case, will be of their sole and exclusive responsibility.
EXCLUSION OF GUARANTEES AND RESPONSIBILITY
- Exclusion of guarantees and liability for the operation of the website and of the Services
- Availability and continuity
Loja Virtual Ask me Lisboa does not guarantee available and continuous operation of the website and of the Services.
Loja Virtual Ask me Lisboa disclaims any liability for damages and losses of any type that may be caused by a lack of operation availability or continuity of the website or services.
Loja Virtual Ask me Lisboa does not guarantee that the website and Services will be useful for performing any particular activity.
Loja Virtual Ask me Lisboa disclaims all liability for damages and losses of any type that may arise from non-fulfilment of the utility that users may come to attribute to the website or services.
Loja Virtual Ask me Lisboa does not guarantee the reliability of the website or Services and, in particular, although not exclusively, it does not guarantee that Users will be able to effectively access the website’s distinct webpages or distinct Services. Without these services it may not be possible to transmit, disclose or store Content or make it available to third parties or to receive, obtain or access it.
Loja Virtual Ask me Lisboa disclaims all liability for damages or losses of any type that may arise due to a lack of reliability by the website and services and, in particular, even if not exclusively, for failure to access the website’s distinct webpages or distinct services, as well as failures in transmitting, disclosing, storing or making content available to third parties or the reception, obtaining or access to content.
- Lawfulness, reliability and utility
- transmission, disclosure, storage, availability, reception, obtaining or access to content and, in particular, even if not in an exclusive manner, for damages and losses that may arise from non-compliance with the law, ethics and good practices generally accepted, or public order consequent to the transmission, disclosure, storage, availability, reception, obtaining or access to content;
- breach of intellectual and industrial property rights, of company secrets, of contractual commitments of any type, of the right to honour, to personal and family privacy and the image of persons, of property rights and rights of any other type held by a third party consequent to the transmission, disclosure, storage, availability, reception, obtaining or access to the content;
- performing acts of unfair competition and illicit publicity as a consequence of the transmission, disclosure, storage, availability, reception, obtaining or access to the content;
- lack of veracity, accuracy, comprehensiveness, pertinence and/or topicality of the content;
- inadequacy for any type of purpose and the non-fulfilment of the expectations generated by the content;
- non-compliance, late compliance, defective compliance or termination for any reason of the obligations to which third parties are bound and arising from contracts signed with third parties through or for the purpose of accessing the content;
- vices and defects of all types of content transmitted, disseminated, stored, made available or in any other manner transmitted or made available, received and obtained, or content accessed through the website or through the services.
Loja Virtual Ask me Lisboa does not control in advance or guarantee that its Content is free of viruses or other elements that may cause alterations to your computer system (software and hardware) or to electronic documents and files stored in your computer system.
Loja Virtual Ask me Lisboa disclaims any type of liability for damages and losses of any type that may be caused by viruses or other elements harmful to content.
Loja Virtual Ask me Lisboa does not guarantee the lawfulness, reliability and utility of the Content.
Loja Virtual Ask me Lisboa disclaims any liability for damages and losses of any type that may result from:
- Lawfulness, reliability and utility
- non-compliance with the law, ethics and good practices generally accepted or with public order, consequent to the services provided by third parties through the website;
- breach of intellectual and industrial property rights, of company secrets, of contractual commitments of any type, of the right to honour, to personal and family privacy and the image of persons, of property rights and rights of any other type held by a third party consequent to providing third-parties’ services through the website;
- performing acts of unfair competition and illicit publicity as a consequence of providing third-parties’ services through the website;
- lack of veracity, accuracy, comprehensiveness, pertinence and/or topicality of the content transmitted, disclosed, stored, received, obtained, made available or accessible through third-parties’ services through the website;
- inadequacy for any type of purpose and the non-fulfilment of expectations generated by third-parties’ services provided through the website;
- non-compliance, late compliance, defective compliance or termination for any reason of obligations to which third parties are bound and arising from contracts signed with third parties for the purpose of providing third-parties’ services through the website;
- vices and defects of all types of the services provided by third parties through the website.
Loja Virtual Ask me Lisboa does not control in advance or guarantee that third-party services provided through the website are free of viruses.
Loja Virtual Ask me Lisboa disclaims any liability for damages and losses of any type that may arise from quality defects of services provided by third parties through the website.
Loja Virtual Ask me Lisboa does not guarantee the lawfulness, reliability and utility of these services.
Loja Virtual Ask me Lisboa disclaims any liability for damages and losses of any type that may arise from third-party services provided through the website and, in particular, even if not exclusively, for damages and losses that may be caused by:
The website provides USERS with technical connection devices (such as links, banners, buttons), search directories and tools that enable USERS to access third-party websites (hereinafter referred to as “Interconnected Sites”). These links, directories and search tools are placed in the website with the sole purpose of making it easier for USERS to search for and access information available on the Internet and does not presuppose any binding agreement or association between Loja Virtual and operators of Interconnected Sites.
Loja Virtual Ask me Lisboa does not check in advance, approve or develop the services, information, data, archives, products and any other type of material provided by Interconnected Sites. As such, Users must be prudent in assessing and using the services, information, data, archives, products and any type of material available in Interconnected Sites.
Loja Virtual Ask me Lisboa does not guarantee or assume any type of liability for damages and losses of any type that may arise from:
- operation, availability, accessibility or continuity of the interconnected sites;
- maintenance of the services, information, data, archives, products and any type of material contained in interconnected sites;
- provision or transmitting of services, information, data, archives, products and any type of material contained in interconnected sites;
- the quality, lawfulness, reliability and utility of the services, information, data, archives, products and any type of material contained in interconnected sites, under the same terms and with the same coverage as stipulated in the general condition.
Loja Virtual Ask me Lisboa does not control or offer any type of guarantee regarding the identity of users or the veracity, validity, extent and/or authenticity of the information that users disclose about themselves or make accessible to other users.
Loja Virtual Ask me Lisboa disclaims any liability for damages and losses of any type that may arise from incorrect user identity and the lack of veracity, validity, comprehensiveness and/or authenticity of the information that users provide about themselves and provide or make accessible to other users and, in particular, even though not exclusively, for damages and losses of any type that may arise from identity theft of a third party by any User in any type of communication or transaction performed through the website.
DOES NOT ASSIGN A LICENCE
Loja Virtual Ask me Lisboa authorises the User to use intellectual and industrial property rights and of company secrets regarding Software installed in its computer equipment solely for using the website and the Services in compliance with the stipulations of these General Conditions. Loja Virtual Ask me Lisboa does not grant any other utilisation licence or authorisation of any type concerning its industrial and intellectual property rights, company secrets or any other property or right related with the website, the Services or the Content.
DENYING AND BLOCKING ACCESS TO THE WEBSITE AND/OR SERVICES
Loja Virtual Ask me Lisboa reserves itself the right to deny or block access to the website and/or Services at any time without prior notice, by its own initiative or by initiative of a third party, applicable to users who do not comply with these Disclaimers or applicable Specific Conditions.
SIGNATURE AND PROOF
All users wishing to make an order must register and fill out all fields in the respective form, including the registration email and password, such that they may be immediately recognised when they visit the site again. As such, all fields must be filled out correctly and the User must also confirm whether the region to which he belongs is covered by the transport company’s delivery coverage area.
This information is strictly personal and thus, if a User forgets his/her password, he/she must click on the “password recovery button!” and enter the respective email, after which his/her password will be sent to the User’s email address.
Users need to register only once and may alter their information whenever they wish. After registering, Users may immediately make purchases.
This validation is equivalent to signing and accepting all operations performed on the Website.
Products initially placed on sale at Loja Virtual Ask me Lisboa are included in a catalogue available on the Web Shop homepage. Note, however, that Loja Virtual Ask me Lisboa reserves itself the right to alter its catalogue without prior notice.
Users can send their order through the on-line device by selecting “SHOPPING CART”:
- from the online catalogue;
- or through a search, simply by entering the product name in the “Search” field.
To order, users must provide certain information;
- by logging in with your email and password;
- by filling out the indispensable information for processing and shipping your order (Invoicing Address, Delivery Address, Payment Method and Remarks).
By placing an order, users are fully and completely accepting the prices and description of the products available for sale, as well as the general sale conditions, which will be the only conditions applicable to the contract fulfilled in this manner.
Any litigation arising from the latter point shall be settled through friendly negotiation and with the guarantees specified below.
Lismarketing Comercial shall fulfil orders received online only until stocks last and deliver ordered items as quickly as possible.
When products are not available, Lismarketing Comercial shall notify users as quickly as possible.
All catalogue prices shall be subject to VAT at the rate applicable. Any change in the type of applicable VAT will alter product prices. After this date, prices may be changed at any time.
The Virtual Shop of Associação de Turismo de Lisboa (Lisbon Tourism Association) provides users with various payment methods:
- Paypal – the payment may be made using your Paypal account;
- ATM – payments may be made at an ATM (cash machine), by selecting “payment of services” and entering the entity, reference number and payment amount after having completed the purchase process;
- Credit card – payments may be made by Visa and Mastercard credit cards, both nationally and internationally, for which users must create a Paypal account;
Cash on delivery is not available.
Users will pay an overall amount corresponding to the order processing costs
Additional expenses consist of fixed costs as a contribution to packaging and shipping expenses.
Shipping costs vary according to the delivery location and weight of the order.
When paid by Paypal, the debit will be made from the user’s account when the order is shipped.
Loja Virtual Ask me Lisboa will take all necessary measures to ensure maximum confidentiality and security of information transmitted through the internet.
Orders will be shipped only after confirming availability of stock and payment.
Orders will be delivered to the address indicated by the user at the time of the order and according to the transport company’s delivery hours.
Home deliveries cannot be made to Post Office boxes. Orders may be delivered abroad provided the address is included in the transport company’s coverage area.
On completing the purchase, an automatic email will be sent to the registration email address of Users containing information about their order. This order should be printed.
Loja Virtual Ask me Lisboa will deliver ordered items as quickly as possible.
After confirming availability of stock and payment, the order is shipped by a partner company of Associação de Turismo de Lisboa specialised in this type of service.
On receiving the order, the User must confirm that it is in good condition. If any defect is detected on delivery of the order, the User must reject it and call Customer Support at 707 210 707 (business days from 09:00a.m. to 10:00p.m.) or send an email to email@example.com.
Products cannot be exchanged or refunded, unless it is proven that an item has a manufacturing defect, except for artefacts, art works and manufactured items whose characteristics are not subject to this type of warranty. In this case, the item must be exchanged for another identical item, whereby return and re-shipping costs are paid by Lismarketing Comercial.
Exchanges are accepted within 15 consecutive days as of the date on which the order was received at the respective home address or at another address indicated by the user.
When a refund is requested, users must send an email to firstname.lastname@example.org indicating how they wish the refund to be paid.
All items are contractually and/or legally guaranteed.
Goods that include a Warranty Certificate, defined by the manufacturer and sent stamped by the supplier, will also be covered by the contractual warranty in addition to the legal warranty, which takes effect as of the date on which the equipment was sold to the user. As such, the warrantee may be confirmed only by submitting the original or copy of the Warranty Certificate or of the respective invoice.
Goods that do not include a Warranty Certificate defined by the manufacturer will be covered only by the legal warranty in force on the date of the sale. In this case, it may be confirmed by presenting the original or copy of the respective invoice.
São considerados fora das condições de garantia os artigos que se encontrem nas seguintes condiçõesEquipment subject to the following conditions shall be deemed as not meeting the warranty conditions:
- Have exceeded the period stipulated by the manufacturer for the purpose (2 years);
- Are in unsatisfactory condition or reveal inappropriate utilisation, that is,
- Improper handling;
- Improper utilisation or poor treatment (e.g. signs of having been dropped);
- Have faults that are not part of what is defined by the Brand;
- The Client cannot prove the existence of the Guarantee or invoice.
In the event of a “manufacturing defect”, that is, when the equipment is detected to have faults that, in principle, are not covered by the respective warranty, the Client must return the item together with proof of having received the product, within 15 consecutive days, requesting an exchange sent to the following address: email@example.com or through the Customer Care service by calling 707 210 707.
To exchange the product, the Client must ensure that the package contains all original items (box, instructions manual, warranty certificate and accessories), all components comprising the product that must be in excellent condition, and include a copy of the warranty and of the sales invoice, as well as a copy of the document that proves that he received the product.
Should any of the items specified in the previous paragraph be missing, or when any of the components is not in excellent condition, the product cannot be exchanged and will be sent to the Client again.
If your equipment becomes faulty for a reason not caused by a manufacturing defect (see previous point), you may request information at: firstname.lastname@example.org or by calling the Customer Care service at 707 210 707.
These Sales Conditions comprise the total agreement between the parties in reference.
When any of these contract clauses is declared to be legally invalid due to a legislative or regulatory amendment, or through a court decision, this agreement will not become invalid and these General Sales Conditions must be fulfilled.
DURATION AND TERM
The service provided by the website and other services shall last for an indefinite period. However, Loja Virtual Ask me Lisboa will be allowed to unilaterally and at any moment terminate, suspend or interrupt the availability of the website service and/or of any of the Services, without prior notice and without loss to the provisions of the Specific Conditions.
STORING AND ARCHIVING TRANSACTIONS
Orders and invoices will be archived on a reliable and durable support in order to be maintained in a faithful and durable copy.
APPLICABLE LAW AND JURISDICTION
The conditions of this contract shall be subject to Portuguese law. In the event of litigation and when a friendly agreement is not reached between the parties, any conflicts shall be settled by the Lisbon Court Jurisdiction, with express waiver of any other, despite the plurality of defendants and/or regardless of the type of proceedings.