Scope and Object of the General Store Conditions
These General Conditions are intended, together with the order form, and the other elements referred to therein, to regulate the terms and conditions that will govern the provision of the Service and Sales in the Turisbike Online Store, registered trademark of Alfanove Unipessoal Lda , with NIF 509777155, which is also the registration number of the commercial registry office of Matosinhos, with open activity for this purpose, with share capital of 5,000 euros, and the National Tourism Registry of Tourist Entertainment Agency 39/2017, hereinafter called Turisbike.
The Service consists in the availability, through the address www.turisbike.com and www.rent.turisbike.com of access to the Online Shops that, besides supplying information relative to a set of products and/or services, allows the User, by electronic means, to order the products advertised therein, under the terms and conditions described herein.
Orders for products and services must be placed by Users aged 18 (eighteen) or over (individuals under this age must have authorisation from their representatives). The elements and information transmitted by the User shall enjoy full legal effects, with the User recognising electronic purchases, and the lack of signature cannot be used as grounds for non-fulfilment of obligations assumed.
2. Product Information and Contents
Turisbike will do everything possible to ensure that the information present does not contain typical errors, and will be quickly corrected whenever they occur. If you purchase a product or service that has different characteristics to those presented online and is not yet personalized/customized you have the right to proceed to the resolution of the purchase contract in the legal terms applicable (right of free resolution – see point 9).
Turisbike will do everything possible to send or provide all of the products or services ordered, but it is possible that, in certain cases and due to causes difficult to control by Turisbike, such as human error or incidents in computer systems, it may not be possible to make available any of the products or services requested by the user. In the case that a product or service is not available after the order has been made, you will be informed by e-mail or telephone. At that moment, a solution will be presented to you or the possibility of cancelling the order with the respective reimbursement, in case you have already made the respective payment.
All information about prices, products, specifications, promotional actions and services may be changed at any time by Turisbike without prior notice.
3. Responsibilities
3.1 All products and services commercialized in the Turisbike Online Shop are in accordance with Portuguese Law.
3.2 The Store has adequate levels of security, however Turisbike, will not be responsible for any damages suffered by the User and/or third parties, due to delays, interruptions, errors and suspensions of communications that have their origin in factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, the modems, the connection software or possible computer viruses or arising from the downloading (“downloading”) through the service of files infected or containing viruses or other properties that may affect the User’s equipment. If, for any reason, there is an error in access to the electronic site of the Turisbike Online Store, and it is impossible to provide the service, Turisbike will not be responsible for any possible damages.
3.3 The data and information consultations carried out within the scope of this Service are presumed to have been carried out by the User, and Turisbike declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 Turisbike will not be liable for any loss or damage caused by misuse of the Service which is not directly attributable to Turisbike by way of intent or gross negligence.
3.5 Turisbike shall not be liable for any loss or damage arising from the non-fulfilment or defective fulfilment of the Service when this is not directly or indirectly attributable to it by way of intent or serious fault, and shall not be liable in particular for
- (i) errors, omissions or other inaccuracies relating to the information made available through the Service;
- (ii) damages caused by the fault of the User or third parties, including intellectual property violations,
- (iii) for non-fulfilment or defective fulfilment resulting from compliance with judicial decisions or those of administrative authorities or
- (iv) non-fulfilment or defective fulfilment resulting from the occurrence of situations of force majeure, i.e. situations of an extraordinary or unforeseeable nature, external to Turisbike and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil disorders, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by Turisbike which prevent or impair the fulfilment of the obligations assumed.
3.6. Turisbike does not guarantee that:
- i) the Service is provided uninterruptedly, is secure, error-free or works infinitely;
- ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfils any expectations of the User in relation thereto;
- iii) any material or service obtained in any way through the use of the Service is used at the User’s own risk, and the User is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from such operation.
- iv) no advice or information, whether oral or written, obtained by the User from or through the Service shall create any guarantee that is not expressed in these General Conditions.
3.7. The User accepts that Turisbike cannot in any way be held liable for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if the User has been previously advised of the possibility of such damages), resulting from:
- i) the use or impossibility of use of the Service;
- ii) the difficulty of obtaining any substitute goods/services;
- iii) do acesso ou modificação não autorizado a bases de dados pessoais.
4. Consumer Obligations
4.1. The user undertakes to:
- i) Provide correct personal details and addresses;
- ii) Do not use false identities;
- iii) Respect the order limits imposed.
4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery or service provision, the responsibility lies with the User, and Turisbike declines any responsibility. If the consumer violates any of these obligations, Turisbike reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services simultaneously made available by Turisbike to the same User; and, furthermore, not allow the User future access to any or all services made available by Turisbike.
4.3. The use of products and services purchased for commercial purposes, notably for the purpose of reselling goods, is expressly prohibited.
5. Protection of Personal Data
5.1. Turisbike guarantees the confidentiality of all data provided by the Users.
5.2. The personal data identified in the order form as being mandatory to provide are essential for the provision of the Service by Turisbike. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in Turisbike refusing to provide the Service.
5.3. The User’s personal data will be processed and stored electronically and are intended for the use of Turisbike within the scope of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for the marketing of INDICATE CASE BY CASE AND IN ACCORDANCE WITH THE OBJECTIVE OF THE COMPANY IN CONCRETE
5.4. Under applicable legislation, the User is guaranteed, at no additional cost, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to object to the use of the same for the purposes set out in the previous number, and to do so, contact the entity responsible for processing personal data: Turisbike.
5.5. The Internet is an open network, so the User’s personal data, other personal information and all content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessible and used by unauthorized third parties for this purpose, and Turisbike cannot be held responsible for this access and/or use.
6. Order cancellation
6.1 At the request of the User
The user can cancel his order requesting it to Turisbike through the telephone number or e-mail referring the number of the order, which will be accepted as long as it has not been processed and in accordance with the service and its policy of cancellations.
For the purpose of cancellation the user must indicate the following data to Turisbike:
- a) Order number
- b) VAT number with which you placed the order and delivery address
6.2 By decision of Turisbike
Turisbike reserves the right not to process orders when it verifies any inconsistency in the personal data presented or when it observes misconduct on the part of the buyer. Turisbike reserves the right not to process any order or refund, in the case of errors in the values and/or characteristics of the products, when these result from technical problems or errors alien to the MarketMark.
7. Return (Right of Resolution)
7.1. The User, in the case of being a consumer, may exercise the right of withdrawal without being required to pay any compensation, within a period of 14 (fourteen) days in accordance with European legislation from the day on which the consumer acquires physical possession of the good. In the case of services with a cancellation policy, the cancellation dates for each advance booking must be checked.
To exercise this right, the User may use the minute indicated below, indicating all their identification data, the subscribed service they wish to resolve and the subscription date. The communication must be made, by letter or email, through the return of the good purchased, in the case of a product purchased, or by other appropriate and provable means within the period defined above.
The consumer must within 14 (fourteen) days from the date of communication of withdrawal return the goods to Turisbike in the proper condition and only for items excluding services.
Free cancellation form (you should only fill in and return this form if you want to cancel the contract)
– To [insert the professional’s name, geographic address and possibly fax number and email address here]:
– I hereby announce (*) that I have resolved (*) my/our (*) purchase and sale contract relating to the following good/for the provision of the following service (*) — Requested on (*)/received on (*) —Reserved for the date of (*)
Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if this form is notified on paper). (*) Delete what is not relevant.
In the case of a product, the packaging and product, should be returned complete, as delivered and accompanied by all the documentation received, namely the following documents: sales invoice and the document proving receipt of the product. The package and the documents indicated should be sent free of charge to the following address:
Turisbike by Alfanove Unipessoal Lda
Rua Fonte do Serralheiro 21 - 6
4480-866 Vila do Conde
If the User opts for other forms of devolution, the respective costs with postage will be of its responsibility.
7.2. After receiving the return at Turisbike and verifying its compliance, the User will be refunded the amount corresponding to the amount paid for the order (value of the sales invoice). If you have used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.
7.3. The refund method for the amount to be returned depends on the payment method used in the respective order. In the case of payments by automatic card, MBWAY, Multibanco, and Others, these are credited to the respective accounts. In other cases, when IBAN information is provided, the refund is made to the indicated bank account. The refund is made within 14 days after receiving the free resolution and receiving the return of the goods.
7.4. If any of the components of the item sold are missing or if any of them are not in excellent condition, there will be no refund of price or postage. The product will be sent back to the initial shipping address.
8. Manufacturing defect
8.1. Only for products, in the event of a “manufacturing defect”, that is, when anomalies are detected in the product that, in principle, do not fall within the scope of the respective warranty. The User must return the equipment, together with a copy of the invoice and the completed form “Equipment Exchange/Return Request” for reasons of defect. Within a maximum period of 14 consecutive days from the date of the invoice, to the following address:
Turisbike by Alfanove Unipessoal Lda
Rua Fonte do Serralheiro 21 - 6
4480-866 Vila do Conde
If the User opts for other forms of devolution, the respective costs with postage will be of its responsibility.
8.2. In order for the product to be exchanged, you must ensure that the item is complete and in excellent condition.
8.3. If any of the elements mentioned above are missing, or if any of the components are not in excellent condition, there will be no exchange, and the product will be sent back to the User.
9. Warranty
9.1. All products available in the Store are duly certified by the competent international entities according to their type.
10. Intellectual Property
10.1. The Store is a website with a registered domain and the Service provided by the website itself is the responsibility of Turisbike.
10.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable laws.
10.3. The User acknowledges that any content appearing in the advertising, highlight, promotion or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, laws relating to industrial property and other property protection laws, therefore any use of these contents can only occur with the express authorization of the respective owners.
10.4. The User undertakes to fully respect the rights referred to in the previous paragraph, refraining from carrying out any acts that may violate the law or said rights, such as reproduction, commercialization, transmission or making available the of these contents or any other unauthorized acts that have the same contents as their object.
10.5 Turisbike is a brand registered at INPI.
11. Service Security Conditions
11.1. The User undertakes to observe all applicable legal provisions, in particular, not to practice or encourage the practice of illegal acts or acts offensive to good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules for using the Service, under penalty of Turisbike suspending or deactivating the Service under the terms set out in item 14.
11.2. The User expressly recognizes and accepts that the IP Network constitutes a public electronic communications network that can be used by different users, and as such, subject to computer overloads, so that Turisbike does not guarantee the provision of the Service without interruptions, loss of information or delays.
11.3. Turisbike also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or force majeure (situations of an extraordinary or unpredictable nature, external to Turisbike and which cannot be controlled by Turisbike).
11.4. In the event of interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, Turisbike undertakes to regularize its operation as soon as possible.
12. Suspension and deactivation of the Online Store Service
12.1. Regardless of any prior or subsequent communication, Turisbike may, at any time, and at its sole discretion, discontinue making the Service and/or part of the Service available to one or all Users.
12.2. Turisbike also reserves the right to immediately suspend or terminate access to the Service, in the following cases:
- a) When the User does not comply with the conditions of use referred to in point 4 and others referred to in the General Conditions;
- b) When Turisbike ceases access to the Shop, by giving 15 days’ notice of the date of cessation.
12.3. The suspension or termination of the Service by Turisbike, under the terms of the previous paragraphs, does not matter the right of the User or third parties to any compensation or other compensation, and Turisbike cannot be held responsible or in any way burdened, for any consequence resulting from the suspension, cancellation , cancellation of the Service.
12.4. In the situations described above, Turisbike will notify the User in advance so that they can, if they wish, protect the content of their order viewing area within 3 (three) business days from the email being sent or made available information on the Service’s main page.
13. Communications
13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User that are related to the Service, including any changes to these General Conditions, may be made to the User’s email address, by SMS or telephone contact.
13.2. The User agrees to receive any and all communications and/or notifications related to the Online Store, to the address, contact telephone number and/or e-mail address (“e-mail”) indicated in the order process.
At any time, you may request not to receive these communications and/or notifications through the Contact Form or by opting out of the “Do not receive the Newsletter” option included in each Newsletter.
14. Technical Settings
14.1. Without prejudice to the provisions of the following paragraph, Turisbike may change the Service and/or the technical conditions for providing it, as well as the respective rules of use, and must disclose such changes to the User at least 15 (fifteen) days in advance.
14.2. The version of these General Conditions and their annexes in force at any given time is available on the website https://www.turisbike.com.
15. Communications
15.1. Whenever Turisbike deems it necessary or convenient to optimize the navigation experience and/or improve connectivity conditions, it may remotely reformulate the network settings.
15.2. Without prejudice to the provisions of the following paragraphs, and taking into account the innovative nature of the Service and the technological developments to which it may be subject, Turisbike may change its technical configurations whenever this proves convenient to adapt it to possible technological developments.
15.3. Turisbike, however, does not guarantee the User that any upgrades or improvements to the Service will be made.
15.4. Some upgrades or new features of the Service may only be available against payment by the User and/or subscription by the User to Specific Conditions of use.
16. Complaints
16.1. The User can submit any contractual conflicts, to the mechanisms of arbitration and mediation that are or will be legally constituted, as well as complain to Turisbike of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
16.2. The claim shall be presented within a maximum term of 30 (thirty) days, counting from the knowledge of the facts by the User, being registered in the information systems of the Market Mark that shall decide the claim and notify the interested party within a maximum term of 30 (thirty) days, counting from the date of its reception.
17. Payments
17.1. For your convenience and safety, Turisbike has associated itself with companies of reference in its area. The automatic payments are processed by PayPal, MBway and Stripe, payment entities regulated by the Bank of Portugal. You can know more about our partners in the institutional sites.
18. Transport
18.1. Deliveries and collections are normally carried out by company vehicles, but can also be carried out by third parties, duly contracted for this purpose.