Municipality of Vila Franca De Xira, with registered office at Praça Afonso De Alburquerque ,2 2600-093 Vila Franca de Xira with the tax identification number 506614913, has implemented on its website www.xmarketplace.pt (hereinafter, the “Website”), an e-commerce platform (hereinafter the “Marketplace”) that allows Buyers of legal age (hereinafter, “Buyers”), after registration on the Website (account creation), contact, through this platform, with professional Merchants also registered on the Website (hereinafter, “Merchants”), for the purpose of purchasing products (hereinafter, “Products”) offered at a fixed price. This Marketplace is intended to facilitate and enable commercial transactions between buyers and Merchants.
1. OBJECT
The purpose of these Conditions of Sale is to establish the terms under which X Marketplace, which regulates the use of the website and services, makes available to Merchants the technological tools within the scope of the Marketplace, for the sale of Products.
X Marketplace reserves the right to modify these terms. Any change will be effective 15 days after notification to the Merchant. If necessary, X Marketplace will grant a longer period for Merchants to make technical or commercial adjustments in accordance with the changes.
Merchants have the right to terminate the contract with X Marketplace before the end of the notice period. This termination will take effect within 15 days after notification of the change to these Merchant GTC.
Merchants may waive the notice period by written statement or express consent, at any time after receiving notification of the change in the Conditions of Sale.
During the notice period, if the Merchant adds new products, this will be considered a waiver of the notice period, except if this period exceeds 15 days due to changes that require significant technical or commercial adaptations. In these cases, the waiver of the notice period will not be automatic if new products are added.
There will be no notice period in the following cases:
Changes required by legal or regulatory obligations that prevent compliance with the notice period;
Changes necessary to address an unforeseen and imminent danger related to the defense of online intermediation services, its Consumers or Merchants against fraud, malicious programs, spam, data breaches or other internet security risks.
The changes do not apply to ongoing transactions when they become effective.
2. MARKETPLACE DESCRIPTION
The Marketplace consists of several tools that enable Merchants to display their products, detail and describe them, as well as accept orders from Buyers, accept payments and facilitate communication if necessary.
Transactions made through the Marketplace in connection with the sale of Products take place directly between the Buyer and the Merchant. X Marketplace does not act as a reseller of the Products displayed by Merchants on the Marketplace.
3. CONDITIONS OF USE OF THE MARKETPLACE
In order to use the Marketplace, the Merchant must agree to these Conditions of Sale by completing the Merchant Registration Form, subject to prior approval by completing this same form.
In this sense, the Merchant must provide the necessary data for its identification and undertakes to communicate accurate information, immediately informing X Marketplace of any change to the same. Updates must be performed by the Merchant on the corresponding account.
To use the Marketplace, the Merchant must use the email address and password provided at the time of account approval. The Merchant agrees to keep this information confidential and not to share it with third parties, and is solely responsible for accessing the Marketplace through its access data (email and password) unless it can prove fraudulent use that is not attributable to it.
In the event of loss, misuse or fraudulent use of the email and/or password, the Merchant undertakes to immediately inform X Marketplace.
In addition, the Merchant undertakes to apply the following technical and security measures:
4. OBLIGATIONS AND RESPONSIBILITIES
The Merchant, when operating on the Marketplace, must correctly identify itself to Buyers as a company or individual entrepreneur. They must comply with all legislation within the scope of their commercial activity (including registrations, accounting, and taxes, among others).
You undertake to respect the laws applicable to the Products you sell, such as warranties and providing information in Portuguese. You may not promote your Products or those of others directly or indirectly.
You must provide quality service to Buyers by responding to contact requests within two working days.
4.1. Obligations relating to the identification of the Merchant for the purposes of complying with Law No. 47/2020 of 24 August and EU Implementing Regulation No. 2019/2026 of 21 November 2019 (Implementing Regulation)
The Merchant guarantees that the Products it sells are its property or that it has rights to sell them, and undertakes to comply with applicable laws and regulations, without prejudice to the rights of third parties.
It also undertakes not to sell counterfeit Products or those subject to specific regulations, such as those that are part of selective distribution networks. The Merchant assumes sole responsibility for making the Products available on the Marketplace, and may also add new Products to the site, in addition to those that they have already entered when creating their Page.
Furthermore, the Retailer undertakes to be honest in the description of the Products offered on the website, ensuring the accuracy of the information provided and avoiding misleading potential buyers, whether regarding the characteristics or the price of the Products. They must also provide all necessary information for buyers to understand the essential characteristics of the Products, such as composition, included accessories, or origin.
The Merchant ensures that the images of the Products displayed on the website (photographs or otherwise) correspond to the actual products and do not infringe the rights of third parties. In addition, the Merchant warrants to X Marketplace that it holds all necessary rights, including intellectual property rights, over such images and authorizes their use for the presentation of the Products.
The Merchant may freely set the selling price of the Products, provided that it complies with the legislation in force, however it must not practice lower prices on other platforms.
In the event of a sale with a price reduction, the Merchant must inform the customer in accordance with Decree-Law No. 109-G/2021, of December 10, and ensure compliance with the obligations established by that diploma.
X Marketplace reserves the right to remove from the Marketplace any information that does not comply with these conditions. The price indicated on the website includes all taxes, fees and expenses, except for transportation costs, which will be added by X Marketplace to the price of the order when validated by the Buyer.
Contracts for the purchase and sale of the Products are established between the Merchant and the Buyer, provided that the Products are available. When a Product is ordered, the Merchant is notified by email by X Marketplace, having two business days to confirm the availability of the order. By confirming the order, the Merchant undertakes to ship the Product within the revised deadline. If they do not respond within the deadline, the contract is automatically canceled, and the account may be temporarily suspended. The Merchant must ensure that all orders are fully fulfilled. If you fail to do so, X Marketplace may suspend or terminate access to the Marketplace without prior notice or compensation.
The Merchant undertakes to pack the Products carefully to avoid damage during transport, assuming in full the risk associated with the transport of the Products.
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.
The Merchant undertakes to make every effort to fulfill its obligations and provide a quality service to Buyers. Thus, any Buyer has the possibility to file a complaint regarding the Products ordered, within 14 (fourteen) days after the date of the order, if the following criteria apply:
In the event of a complaint by a Buyer in relation to a Product, the Merchant assumes responsibility for resolving such complaint. Disputes are resolved directly between Buyer and Merchant using the contact available on the Merchant’s page on the Marketplace. The Merchant shall endeavour to resolve the dispute amicably.
If the Merchant does not resolve the dispute between the Buyer and the Buyer within 8 (eight) working days from the receipt of the complaint, X Marketplace reserves the right, after notifying the Merchant to that effect, to proceed with the refund of the value of the Product to the Buyer. Such amount shall subsequently be deducted from the amounts payable by X Marketplace to the Merchant in respect of the Products sold by the Merchant through the Marketplace.
Once the reason for the Buyer’s complaint is proven, the Merchant must resend the ordered Product or refund it, at no additional cost to the Buyer.
If the Buyer chooses to exercise the right of free withdrawal, X Marketplace, as a suitable party, will refund the amount of the Product returned to the Buyer by crediting the Marketplace account. This amount will be deducted from the amounts owed by X Marketplace to the Merchant in connection with its sales on the platform. However, in the event that the Merchant’s account is owed more than €150 (one hundred and fifty euros), the refund of the Product returned by the Buyer shall be made directly by the Merchant to the Buyer.
Merchant releases X Marketplace from any liability or claim related to Seller’s sale of the Products. Accordingly, X Marketplace will not be liable for problems with Products, pricing, or any other matter related to the Merchant’s performance. In the event that X Marketplace faces any sanctions due to these issues, Merchant agrees to assume this responsibility and reimburse X Marketplace for all expenses related to this issue.
5.FINANCIAL PROVISIONS
5.1. Management Committee
X Marketplace applies a commission on each product sold.
Upon confirmation of payment by the Buyer, X Marketplace pays the Merchant the full amount of the order price, minus the commission, within two business days.
6. MERCHANT RATING
6.1. Buyer Evaluation
X Marketplace allows Buyers to rate the Merchants they have done business with. To do this, it has a rating tool by assigning stars from 1 to 5. This evaluation must take into account the interaction between Buyer and Merchant as well as compliance with requirements such as shipping deadlines, receipt of the product in good condition, among others.
6.2. Evaluation by X Marketplace
Merchants are evaluated by X Marketplace on issues such as: acceptance of orders, number of complaints submitted by Buyers and spontaneous refund. These factors are determined by the Merchant Account records.
X Marketplace reserves the right to suspend or terminate the Merchant’s access to the Marketplace under the terms set out in article 7 of these Conditions of Sale.
7. MERCHANT ACCOUNT RESTRICTION/SUSPENSION/TERMINATION
These Conditions of Sale do not have a fixed expiration date.
Either party has the right to terminate this agreement at any time without cause, provided that two months’ notice is respected.
In the event that the Merchant fails to comply with any of its obligations or the evaluation criteria specified below, X Marketplace reserves the right to restrict, suspend or cease the provision of the service and will notify the Merchant of the reasons for its decision on the date the restriction or suspension comes into effect. The Merchant has the right to ask for clarification on the facts and circumstances that motivated X Marketplace’s decision.
7.1. Restrict or suspend Merchant’s access to the Marketplace:
7.2. Cease the provision of services for the Merchant’s access to the Marketplace:
If X Marketplace chooses to cease providing its Marketplace access services to a particular Merchant, the Merchant will be notified by registered letter with acknowledgment of receipt of the reasons for this decision, with 30 (thirty) days’ notice prior to the date on which the termination will take effect.
In case the Merchant seriously and/or repeatedly violates its obligations, including but not limited to: fraud, offensive comments, counterfeiting, violation of the rights of third parties, X Marketplace reserves the right to terminate the service without prior notice and without the Merchant being entitled to any compensation or indemnity. In addition, X Marketplace may retain the checking account balance to cover any future claims. The Merchant will be notified by X Marketplace of the grounds for the Marketplace’s termination decision by registered letter with acknowledgment of receipt.
In the event that the violation by the Merchant constitutes an illegal activity, X Marketplace will immediately inform the competent authorities.
8.INTERNAL COMPLAINT-HANDLING PROCEDURE
X Marketplace provides the Merchant with means dedicated to handling complaints through the email address: apoiotecnico@xmarketplace.pt. Through this email, the Merchant can request support in resolving problems and submit complaints if X Marketplace does not comply with any obligation set out in Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services. This includes technological issues that directly affect Merchant, such as access to the Marketplace or measures taken by X Marketplace that interfere with the provision of services or access to the Marketplace.
X Marketplace undertakes to duly analyze the requests submitted, ensuring correct and effective treatment, taking into account the importance and complexity of the issues raised, and to communicate to the Merchant the results of internal procedures in a personalized manner.
9. PERSONAL DATA
X Marketplace processes the personal information and data of any natural person representing the Merchants or of the Merchants themselves. Such data is essential to manage the Merchant’s account and its access to the Marketplace, unless otherwise stated.
Personal information and data are also kept for security purposes, compliance with X Marketplace’s legal obligations, and to improve and personalize the services offered to users of the website, including the information sent to Merchants. In this context, Merchants may receive email communications about the X Marketplace service.
As established in the legislation in force on the Protection of Personal Data, the Merchant, or its representative, may exercise at any time its rights of access, rectification, erasure, limitation, opposition and portability, by sending an email to apoio.comerciante@xmarketplace.pt, indicating its name, surname and email address.
The personal data of the Merchant, or its representative, will be kept only for as long as necessary for the purpose for which it was collected.
As the holder of the personal data, the Merchant, or its representative, has the right to submit complaints related to the protection of personal data to the competent authority, the National Data Protection Commission (CNPD).
X Marketplace uses cookies to track Merchant activity on the website, solely for the purpose of improving the personalized service offered to you. For more information on cookies, click here.
Within the scope of data related to orders for the Merchant’s Products collected as part of the service, X Marketplace will inform Buyers that these are intended for X Marketplace which will communicate the information necessary for the delivery of the products, to the Merchant, exclusively for this purpose.
The Merchant irrevocably undertakes to use the Buyer’s personal data, communicated by X Marketplace, solely for the purpose of delivering the Product(s) and complying with the legal obligations arising from this process. The Merchant undertakes not to keep any copy of the data with him after dispatching the Product(s) ordered and is prohibited from any other use, rental, sale, resale or copying to any third party.
In this domain, the Merchant may receive information by email regarding the service from X Marketplace. The Merchant has the obligation to comply with the legal and regulatory rules applicable to the protection of personal data when processing the personal data that will be communicated to it by X Marketplace.
X Marketplace processes the personal information and data of any natural person representing the Merchants or themselves. Such data is essential to manage the Merchant’s account and its access to the Marketplace, unless otherwise stated.
10. INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, works and images reproduced or represented on the website are protected under copyright as well as intellectual property, for the entire duration of the protection of such rights and for the whole world. As established in the Code of Copyright and Related Rights, only private use is allowed, 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. The reproduction or representation in whole or in part of the website and/or elements found on the website is expressly prohibited, and is subject to legal action against offenders.
Some products are subject to personal and specific usage rights that regulate copies, public distributions, and rentals. The Merchant must comply with the Conditions of Sale of these products, and X Marketplace cannot be held responsible for any uses that may be made of these products in this context.
Under the terms of the applicable legislation, X Marketplace is not responsible for any violation of Copyright and Related Rights of Products sold on the Marketplace.
11. LIABILITY
The Merchant undertakes to indemnify X Marketplace for any loss suffered and against any liability action brought against X Marketplace, where the damage arises from the sale of products, the use made by the Merchant of the Marketplace or any other fact attributable to the same.
X Marketplace’s liability to the Merchant can only be imputed for facts directly related to it and is in any event limited to the amount of orders placed during the previous month.
X Marketplace’s liability cannot be attributed for indirect losses, namely for loss of profits resulting from the sale of products in the event of unavailability of the service, except in the case of serious fault or willful misconduct of X Marketplace. X Marketplace’s liability cannot be imputed in the event of misuse of the Marketplace by the Merchant.
Under the terms of Decree-Law No. 84/2021, of October 18, X Marketplace refuses any responsibility for sales entered into between Merchants and Buyers through its Marketplace. Any claim relating to the products (description, delivery, conditions of use, non-conformities, etc.) that is communicated to X Marketplace will be transmitted to the Merchant in question, who will assume full responsibility towards the buyer.
12. PARTIAL NULLITY
If one or more provisions of these Conditions of Sale are held to be invalid by operation of law or by a final decision of a court of competent jurisdiction, the remaining provisions will remain valid and effective.
13. APPLICABLE LAW / MEDIATION / ASSIGNMENT OF JURISDICTION
These Conditions of Sale are subject to Portuguese law.
In the event that there is any dispute between X Marketplace and the Merchant in the course of providing the service, including complaints that cannot be resolved through the internal complaint-handling procedure, either party may resort to mediation for out-of-court resolution of the dispute.
The use of mediation is optional in nature and any attempt to reach an agreement through mediation for the purpose of dispute resolution does not affect the right of X Marketplace or the Merchant to bring a legal action before, during or after the mediation process.
Any dispute regarding the interpretation and/or execution of the mediation process is subject to the jurisdiction of the Portuguese courts, specifically in the case of X Marketplace the competent courts will be of the District of Lisbon.
These Terms of Sale were updated on ? of ? 2025
