Scope and Object of the General Conditions of the Store
The present General Conditions are intended, together with the order form and the other elements referred to in the same, to regulate the terms and conditions which will govern the provision of the Service and the sale in the Turisbike Online Shop, a registered brand of Alfanove Unipessoal Lda, with NIF 509777155, which is also the registration number in the commercial registry office of Matosinhos, with an open activity for the effect, with a social capital of 5. 000 euros, and the National Tourism Register of Tourist Entertainment Agency 39/2017, hereinafter referred to as 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 so that the information presented does not contain typographical 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.
3.1 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 consultations of data and information carried out within the scope of this Service, are assumed to have been done by the User, 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 is not responsible for any loss or damage resulting from the non-performance or defective performance of the Service when such non-performance or defective performance is not directly or indirectly attributable to Turisbike by way of willful misconduct or gross negligence and will not be liable for (i) errors, omissions or other inaccuracies relating to the information made available through the Service (ii) damages caused by the User or a third party, including intellectual property violations, (iii) the non-fulfilment or defective fulfilment resulting from the fulfilment of judicial decisions or administrative authorities or (iv) the non-fulfilment or defective fulfilment resulting from the occurrence of force majeure situations, i.e. situations of an extraordinary or unforeseeable nature, outside Turisbike and that cannot be controlled by Turisbike, such as fires, power cuts, explosions, wars, riots, civil disorders, governmental decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by Turisbike that prevent or impair the performance of the obligations undertaken.
3.6. Turisbike does not guarantee that:
- i) the Service is provided on an uninterrupted basis, is secure, error-free or operates infinitely;
- ii) the quality of any product, service, information or any other material purchased or obtained through the Service meets any expectations you may have of it;
- 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 its computer system and equipment or any loss of data that results from such operation.
- iv) no advice or information, whether oral or written, obtained by the User from or through the Service shall create any warranty 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 inability to use the Service;
ii) the difficulty of obtaining any substitute goods/services;
iii) unauthorised access to or modification of personal databases.
4. Obligations of the Consumer
4.1. The user undertakes to:
- i) Provide correct personal data and addresses;
- ii) Not to use false identities;
- iii) Respect the imposed order limits.
4.2 If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in the processing of the order, or eventual non-delivery or non-provision of the service, the responsibility is the responsibility of the user, and Turisbike declines all responsibility. In the event that the consumer violates any of these obligations, Turisbike reserves the right to eliminate future purchases, block access to the shop, cancel the supply of any other services made available at the same time by Turisbike to the same user; and, furthermore, not allow the user future access to any service or services made available by Turisbike.
4.3 It is expressly forbidden to use the products and services acquired for commercial purposes, namely for the purpose of resale of goods.
5. Protection of Personal Data
5.1. Turisbike guarantees the confidentiality of all data provided by the Users.
5.2 The personal information identified in the order form as being obligatory is essential for Turisbike to provide the Service. The omission or incorrectness of the information provided by the user is the sole responsibility of the user 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 to be used by Turisbike in the context of the contractual and/or commercial relationship with the User and, if authorised by the User, for the marketing of INDICATORS INDICATED ON A CASE BY CASE BASIS AND IN ACCORDANCE WITH THE PURPOSE OF THE COMPANY IN CONCRETE
5.4 Under the terms of the applicable legislation, the User is guaranteed, free of charge, the right to access, rectify and update their personal data, directly or by written request, as well as the right to object to the use of the same for the purposes set out in the previous paragraph, and to this end should contact the entity responsible for the treatment of personal data: Turisbike.
5.5 The Internet is an open network, therefore the User’s personal data, other personal information and all the content hosted in the Service, may circulate on the network without security conditions, with the risk of being accessed and used by third parties not authorised for this purpose, and Turisbike cannot be held responsible for this access and/or use.
6. Cancellation of orders
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 the order was made 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 withdrawal)
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.
Draft free withdrawal form (you should only complete and return this form if you wish to withdraw from the contract)
– To [insert the name, geographical address and, where available, the fax number and the e-mail address of the trader]:
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/service (*) – Ordered on (*)/received on (*) -Preserved 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 where not applicable.
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 de Alfanove Unipessoal Lda Rua 5 de Outubro 523 4480-630 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 the return has been received at Turisbike and the conformity has been verified, 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 effectively paid.
7.3 The method of reimbursement of the amount to be returned depends on the method of payment used in the respective order. In the case of payments by credit card, MBWAY, Multibanco, and Others, these are credited to the respective accounts. In all other cases, when IBAN information is provided, the refund is made to the bank account indicated. The refund is made up to 14 days after receipt of the free will and receipt of 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 the price or shipping costs, and the product will be sent back to the original shipping address.
8. Manufacturing defect
8.1. Only for products, in the event of a “manufacturing defect”, i.e. when anomalies are detected in the product which, in principle, do not fall within the scope of the respective guarantee, the User must return the equipment, together with a copy of the invoice and the completed form “Request for Exchange / Return of Equipment” on grounds of defect, within a maximum of 14 consecutive days from the date of the invoice, to the following address:
Turisbike de Alfanove Unipessoal Lda Rua 5 de Outubro 523 4480-630 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 to exchange the product, you must ensure that the item is complete and in excellent condition.
8.3 If any of the aforementioned elements 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.
9.1 All products available in the Store are duly certified by the competent international entities according to their typology.
10. Intellectual Property
10.1 The Store is a site with a registered domain and the Service provided by the site 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 legislation.
10.3 The User acknowledges that any content included in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws relating to copyright and related rights, by the laws relating to industrial property and other laws for the protection of property, so that any use of such content may only occur under the express authorisation of the respective owners.
10.4 The User undertakes to fully respect the rights referred to in the preceding paragraph, namely to abstain from carrying out any acts that may violate the law or the aforementioned rights, such as the reproduction, commercialisation, transmission or making available to the public of the said contents or any other unauthorised 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 agrees to comply with all applicable legal dispositions, namely not to practice or encourage the practice of illegal acts or acts which are offensive to good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the treatment of personal data and to publicity communications through automatic calling devices, and must also comply with the rules of use of the Service, under the penalty of Turisbike suspending or deactivating the Service under the terms foreseen in point 14.
11.2 The User expressly recognises and accepts that the IP Network is a public network of electronic communications capable of being used by several users and, as such, subject to computer overloads and 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 unforeseeable overload of the systems on which it is based or in situations of force majeure (situations of an extraordinary or unforeseeable nature, external to Turisbike and which cannot be controlled by Turisbike).
11.4 In the event of an interruption of the Service due to an unforeseeable overload of the systems on which it is based, Turisbike undertakes to regularise its functioning as soon as possible.
12. Suspension and deactivation of the Online Shop Service
12.1 Regardless of any prior or subsequent notice, Turisbike may at any time, in its sole discretion, discontinue making the Service and or part of the Service available to any or all Users.
12.2 Turisbike also reserves the right to suspend or immediately terminate access to the Service in the following cases:
- a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
- b) When Turisbike ceases the access to the shop, by means of a prior communication of 15 days before the date of termination.
12.3 The suspension or termination of the Service by Turisbike under the terms of the preceding paragraphs does not imply the right of the User or third parties to any indemnity or other compensation, and Turisbike cannot be held responsible or in any way liable, for any consequence resulting from the suspension, annulment or cancellation of the Service.
12.4 In the situations described above, Turisbike will communicate to the User, previously so that he may, if he wishes, safeguard the content of his visualisation area of orders within 3 (three) working days from the sending of the email or availability of the information on the main page of the Service.
13.1 Without prejudice to other forms of communication provided for in these General Conditions, notifications to the User relating to the Service, including any amendments to these General Conditions, may be sent to the User’s e-mail address, by SMS or by telephone.
13.2 The User agrees to receive any and all communications and/or notifications related to the Online Shop at the address, contact telephone number and/or electronic mail address (“e-mail”) indicated during 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 Configurations
14.1 Without prejudice to the following paragraph, Turisbike may change the Service and/or the technical conditions of its provision, as well as the respective rules of use, and must inform the User of these changes with a minimum prior notice of 15 (fifteen) days.
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.
15.1 Whenever Turisbike considers it necessary or convenient to optimise the navigation experience and/or to improve the connectivity conditions, it may remotely reformulate the network configurations.
15.2 Without prejudice to the following paragraphs, and given the innovative nature of the Service and the technological evolutions that it may be subject to, Turisbike may change the technical configurations of the Service whenever it is convenient to adapt it to eventual technological developments.
15.3 Turisbike does not, however, guarantee the User any upgrades or improvements to the Service.
15.4 Some upgrades or new features of the Service may only be available against payment by You and/or Your subscription to the Specific Conditions of use.
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.
17.1. 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.
18.1 Deliveries and collections are normally made by company vehicles, but may also be made by third parties, duly contracted for the purpose.