WOND Consulting, Lda, with registered office at Rua Alves Redol, Nº84B, Escritorio A, 2600-098 Vila Franca de Xira, with tax identification number 517280019, has implemented on its website www.xmarketplace.pt (hereinafter, “website”), an electronic commerce platform (hereinafter “Marketplace”) that allows Buyers of legal age (hereinafter, “Buyers”), after registering on the website (creating an account), to contact, through this platform, professional Merchants also registered on the website (hereinafter, “Merchants”), with the aim of purchasing products (hereinafter, “Products”) offered at a fixed price. This Marketplace aims to facilitate and enable commercial transactions between Buyers and Store Owners.
Sales made on the Marketplace between Buyers and Merchants are regulated by these Purchase Conditions, which are accepted by the Buyer at the time of each purchase.
1. OBJECT
These Purchase Conditions aim to establish the terms under which X Marketplace makes available to Buyers, which regulate the use of the website and services, the technological tools necessary for the acquisition of Products from Store Owners.
2. MARKETPLACE DESCRIPTION
The Marketplace is made up of tools that allow Buyers to create their account, contact Merchants (through the contact available on the Merchant Page), as well as make payment for Products and confirm receipt thereof.
The Marketplace also provides a review system that allows the Buyer to rate the service of the Merchant(s).
If the Buyer does not meet these requirements, X Marketplace reserves the right to suspend, temporarily or permanently, the Buyer’s access to the Marketplace.
The Buyer undertakes to carry out all interactions on the Marketplace in good faith, without prejudice to any of the parties involved.
3. CONDITIONS OF USE OF THE MARKETPLACE
The Buyer declares to act as a consumer as defined by the Consumer Protection Law – Law no. 24/96, of July 31st.
In addition to accepting the Purchase Conditions, access to the Marketplace is subject to opening an account on the website, providing data that allows your identification. This information must be true, and any changes must be made to the account.
To log in to the Marketplace, the Buyer must use the email address and password defined when creating the account. The Buyer agrees to keep this information confidential and not to share it with third parties, being solely responsible for accessing the Marketplace through their access data (email and password) unless they can prove fraudulent use that is not attributable to them.
In case of loss, misappropriation or fraudulent use of the email and/or password, the Buyer undertakes to immediately inform X Marketplace.
Opening an account and using the Marketplace are free (except for any telecommunications operator costs), with no obligation to purchase on the site. The use of the Marketplace is free and only the purchase of Products from Stores has charges, under the terms set out in the Purchase Conditions.
4. ORDERING PROCESS
To make purchases on the website www.xmarketplace.pt, you must register as a Customer, creating an account.
After registering, you can add all the Products you wish to purchase to your virtual shopping cart, following all the purchase steps until successful completion.
X Marketplace informs that the prices charged at www.xmarketplace.pt are exclusive to the store, valid only during the periods announced and applicable to orders placed in these periods, even if received later, and are subject to stock availability. Promotional campaigns have specific conditions and limited stock.
Validation of the purchase order implies that the Customer is aware of and agrees with the current Purchase Conditions, available for consultation on our website. Records maintained by X Marketplace serve as proof of all transactions carried out between X Marketplace and the Customer. It is the responsibility of X Marketplace to archive the electronic document that formalizes the contract, keeping it accessible for purposes related to the commercial transactions carried out.
After completing your purchase, you will receive an automatic email confirming the transaction. If the data is not correct, you can request that it be changed or that the purchase made be cancelled.
4.1. X Marketplace accepts the following payment methods:
Invoices for orders placed are available from the moment they are sent and can be viewed in the Customer Account.
5. PRODUCT AVAILABILITY
X Marketplace starts processing an order after confirmation of payment made by the Customer.
During the checkout process, the Customer receives information about the expected shipping date, which can be 24 hours, 2 to 4 days, or 1 to 2 weeks. In addition to the estimated shipping period, you must consider the transportation time, which varies depending on the chosen carrier and the destination of the order.
X Marketplace only makes shipments on business days, considering delivery dates as merely indicative.
Therefore, weekends and holidays are not counted towards the estimated delivery time of orders.
If any of the ordered Products is not available, X Marketplace will contact you to check the possibility of replenishing the stock or finding an alternative. Any changes in delivery time or price will only be made after customer consent.
If the Product is completely out of stock, X Marketplace may suggest an alternative of similar quality and price, requesting the customer’s approval before proceeding.
If it is not possible to find alternatives or if the customer does not agree with the proposed changes, X Marketplace will refund the amount paid within a maximum period of 14 days after notification of the cancellation.
Any delay in the shipment of items in relation to the dates indicated, which are only estimates, does not give the Customer the right to any type of compensation.
6. SHIPPING COSTS
The delivery methods and deadlines in force can be confirmed during the checkout process and are calculated based on the country of destination and weight. The payment of postage will be charged together with the purchase of the Product.
The shipping time for an item is displayed when you select the desired shipping method.
7. CANCELLATIONS, EXCHANGES, AND RETURNS
Under the terms of the Right of Free Resolution, provided for in Decree-Law No. 24/2014, of February 14, when purchasing an item on xmarketplace.pt, you have a period of 14 days, from receipt of the order, to proceed with its return.
To proceed with the return, the following conditions must be met:
To initiate the return process, the Customer must contact the Merchant directly using the contact details provided on the Merchant’s page. Returns without prior contact from the Customer will not be accepted.
The following items are excluded from the Right of Withdrawal:
When exercising the right of withdrawal, the Customer is responsible for the full costs of returning the items.
The Customer must return the items within a maximum of 14 (fourteen) days, starting from the day they informed the Seller of the withdrawal from the contract.
After contacting the Merchant and being given the return instructions, the Customer may send the item to the address provided.
All items are inspected upon arrival and will only be accepted for exchange or return if they meet the return conditions.
The Seller reserves the right not to accept items that do not meet the return conditions.
In the event that damaged items are received, the Seller will arrange for their collection at the location specified by the Customer, provided it is within the same shipping area of the original order, at no cost to the Customer.
In the case of contract cancellation, the Customer will be refunded the payments made, including delivery costs (except for additional costs resulting from the choice of a shipping method other than the standard method), without undue delay and within a maximum of 14 (fourteen) days from the date the Seller is informed of the Customer’s decision to cancel the contract.
In order to expedite the refund process, in the case of payments made via Credit Card or Multibanco, it is necessary to provide an NIB/IBAN, and the refund will be processed through this method.
If the customer prefers another form of refund, they must contact the Seller within a maximum of 7 (seven) days from the date they informed their decision to cancel the contract.
X Marketplace informs that the refund will only be made after checking the status of the Product.
The Customer may cancel their order up until the delivery of the items, with the right to a refund of the amount paid.
Failure to pay for the order within 24 hours after completion will result in its automatic cancellation.
In accordance with Decree-Law No. 7/2004 of January 7 (and respective amendments conferred by Decree-Law No. 62/2009 of March 10 and by Law No. 46/2012 of August 29), relating to electronic commerce, X Marketplace reserves the right to unilaterally cancel the order whenever there are programming errors or any malfunction in X Marketplace’s computers, as well as in the event that the contractual proposal arrives at its destination deformed and the error has an effect on any essential element of the contract.
8. PERSONAL DATA
The Buyer’s Personal Data is processed by X Marketplace and is essential to ensure the management of your account and your access to the Marketplace, unless otherwise indicated.
The provided data will be used exclusively for the following purposes:
The information necessary for the delivery of the Products is transmitted to the Seller exclusively for that purpose.
In accordance with current Legislation on the Protection of Personal Data, the Buyer may exercise at any time his rights of access, rectification, deletion, limitation, opposition and portability, upon request via the following email: info@xmarketplace.pt
The Buyer’s personal data is only kept for the period necessary for the purpose of its collection.
X Marketplace uses cookies to track Buyer activity on the website, solely for the purpose of improving the personalized service offered.
For more information on cookies, click here.
9. INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, and images reproduced or represented on the website are protected under copyright law, as well as intellectual property, for the entire duration of the protection of such rights worldwide.
As established in the Copyright and Related Rights Code, only private use is permitted, without prejudice to any more restrictive provisions present in said Code.
All texts, works, or images reproduced or presented on the website are protected by copyright worldwide.
Total or partial reproduction or representation of the website and/or elements found on the website is expressly prohibited, subjecting infringers to legal action.
Some Products are subject to specific personal use rights that regulate copying, public distribution and rental. The Buyer must comply with the contractual conditions applicable to these Products and X Marketplace cannot be held responsible for any uses made of these Products in this context.
Under applicable legislation, X Marketplace is not responsible for any violation of Copyright and Related Rights of Products sold on the Marketplace.
10. RESPONSIBILITY
X Marketplace’s liability towards the Buyer can only be attributed to facts directly related to him/her and which cause direct harm to him/her. X Marketplace cannot be held responsible for the Buyer’s faulty use of the Marketplace.
Under the terms of articles 11 et seq. of Decree-Law no. 7/2004, of 07.01, amended by Decree-Law no. 62/2009, of 10.03 and by Law no. 46/2012, of 29.08, which transposed into Portuguese law Directive no. 2000/31/EC of the European Parliament and of the Council, of June 8, 2000, X Marketplace is exempt from liability in relation to the content made available on the website by Buyers or Merchants, with regard to the description of the Products or the evaluations that Buyers make of Merchants, except in cases of illegality in which you must immediately withdraw such information.
X Marketplace declines any responsibility with regard to sales concluded by Buyers with Merchants, on its Marketplace, to which it is completely unrelated. Any complaint regarding the description of the Products or their delivery will be forwarded to the indicated Seller, who assumes full responsibility.
The Buyer is solely responsible for the use of the Marketplace, especially for the evaluations made of the Merchants, and undertakes to guarantee the indemnification and compensation of X Marketplace for any damage, loss or loss of profits that it may suffer in the event that any liability is attributed to it by third parties.
11. PARTIAL NULLITY
If one or more determinations of these Purchase Conditions are considered invalid by application of the law or by a definitive decision of a competent court, the remaining determinations will remain valid and effective.
12. APPLICABLE LAW
These Purchase Conditions, as well as the purchase and sale contracts concluded under them, are subject to Portuguese law. Any dispute regarding their interpretation and/or execution is subject to the jurisdiction of the Portuguese courts.
These Purchase Conditions were updated on March 18, 2024
