The following Terms & Conditions are intended to govern the use of PLANTEIERS’ Marketplace (the “Marketplace”), available through the website www.planetiers.com (the “website”), property of Planeta Trivial, Lda., with the single registration and legal person number 514201088 and registered office at Rua António José da Silva n5 5esq, 2650-382 Amadora.
The Marketplace consists of a platform of product advertisements for sale and intermediation of contacts between interested buyers [the “user(s)”] and advertiser sellers (the “partners”). The Marketplace is thus limited to intermediating business between the users and the partners, so that transactions are always carried out and regulated directly between them.
The simple navigation on the website, as well as the purchase of any product available in the virtual store, implies the acceptance of these Terms & Conditions and their prior reading is recommended.
By accessing and using the website, the user acknowledges that they have read and accepted these Terms & Conditions without reservation and undertake to comply with all that is set out in them. The user should therefore not use the website if they do not agree to the Terms & Conditions or certain provisions of them.
PLANETIERS provides users with access to a range of content of its own and to content made available by third-party partners (“Content”). PLANETIERS reserves the right to modify at any time the presentation, configuration and location of the website and/or its Contents.
PLANETIERS does not guarantee that the third-party content on its website is reliable, truthful, accurate, exhaustive and up to date.
PLANETIERS is also not liable, directly or indirectly, for any loss and damage that may result from: (i) any infringement of third-parties’ rights by the Content made available by its partners; or (ii) decisions or actions taken by the User relying on such Content. The authorship of the descriptions of the different products available in the virtual store is the exclusive responsibility of the publishers, manufacturers and distributors of the products in question, and PLANETIERS will not be held liable for them.
PLANETIERS reserves the right to remove and/or block access to any Content PLANETIERS considers: (i) to be illegal; (ii) can mislead the user; or (iii) may infringe the rights of third parties.
The photographs of the products presented in the website’s virtual store are merely illustrative. Accordingly, PLANETIERS recommends that the User consult the detailed description of the product and, if necessary, contact directly the PLANETIERS partner that makes the product available in the virtual store, in order to obtain complete and accurate information about its characteristics.
Although PLANETIERS tries to provide accurate and up-to-date information on its platform, involuntary inaccuracies and technical errors may occur. PLANETIERS reserves the right, at any time and without prior notice, to make corrections and changes to the website.
3. ACCESS TO AND USAGE OF THE PLATFORM
Users may access the PLANETIERS platform through the website www.planetiers.com, freely and free of charge, except for reserved areas accessible only upon registration, which will be clearly identified as such.
The user acknowledges and accepts that access to and use of the platform and the Content included on it takes place freely and consciously and under their sole responsibility. PLANETIERS will in no case be responsible for the use that users and/or third parties may make of the platform or the Content presented on it, nor for any loss or damage that may result from it.
The user undertakes to make appropriate and lawful use of the platform and the Content, in accordance with the applicable legislation. Users must refrain from unauthorised, illegal or fraudulent use of the PLANETIERS platform and its Content.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Contents made available on the PLANETIERS platform (including, without limitation, logos, trade names, texts, images, graphics, drawings, sounds, trademarks and patents, etc.) are protected by copyright and other intellectual and industrial property rights, which belong to PLANETIERS or to its third-party partners, as the case may be, in accordance with the applicable legislation.
PLANETIERS authorises the visualisation, printing and storage of the Contents inserted in the platform exclusively for personal use and without seeking to profit from them. Any other use or exploitation will be subject to prior written authorisation from PLANETIERS or the third-party owner of the rights in question.
The Content, services and products provided by third- parties on the PLANETIERS platform are presented as provided by them. Under no circumstances will PLANETIERS be liable, under any circumstances, for any loss or damage directly resulting from, or in connection with, any information contained in any Content, services or products made available on the platform by third parties.
The sale and purchase of products is concluded directly between the user and PLANETIERS’ partner. To this end, the partner announces the products on the platform in such a way that it is possible for the user to know their characteristics, price, shipping costs and delivery times.
As PLANETIERS is not a party to the sales contract, the price of each product is determined exclusively by PLANETIERS’ partner and should be indicated in euros and include all applicable taxes. Shipping fees should be presented separately.
As an intermediary, the PLANETIERS platform allows online orders to be placed. To do so, the User must register on the platform by filling in the form available online.
Once registered, the user can place in the virtual shopping basket all the products they want to buy. The user must follow all the steps of the purchase for it to be completed successfully.
The validation of the purchase order implies that the user is aware of and expressly accepts these Terms & Conditions. As soon as the user completes their purchase, they will receive an automatic email confirming the transaction.
The payment of the purchase(s) made on the PLANETIERS platform is made at the time of the order to a Financial Institution legally authorised to process the payment, whose presence in the market and operations will always be in full compliance with the rules set out in the Legal Framework relating to Payment Services and Digital Currency and other applicable legislation. The following payment methods are permitted: (i) credit card and (ii) PayPal.
Once the transaction is concluded, PLANETIERS’ partner is obliged to ship the order within the period and under the conditions established by them, which must be specified for each product. PLANETIERS’ partner is obliged to provide PLANETIERS with a way for the user to track the status and location of the order (“tracking”). The PLANETIERS platform will provide the tracking service to the user in their personal area.
In accordance with the applicable legislation, the user has the right to freely terminate the contract with PLANETIERS’ partner (excluding certain types of products) within 14 (fourteen) days of receiving the product, without having to pay any compensation and without the need to state the reason, and the price paid will be reimbursed. The costs of return are, however, borne by the user. The product(s) must be returned in the original and complete state, including packaging, accessories, instruction manual, etc., and packaged in the same way as in shipment.
PLANETIERS provides users of the platform with access to third-party websites and content through links and search engines that may be used to access services and content provided by third-parties.
PLANETIERS has no involvement in the content of these websites and is therefore not responsible for the use that may be made of them, nor is it responsible for any damage, loss or obligation associated with the use that may arise from improper use, access or impossibility of access to them.
PLANETIERS only provides links to the websites that it considers comply with the applicable legislation. PLANETIERS reserves the right to remove links to any website if it becomes aware that the activities carried out on such website or its content are illegal or infringe the rights of third-parties, or if ordered to do so by a court or administrative decision.
The introduction of links on this website is expressly prohibited, regardless of the intended purpose, without prior written authorisation from PLANETIERS, under penalty of recourse to the appropriate legal means. In the event that PLANETIERS finds links on other websites that allow it to access the domain www.planetiers.com, it is not responsible for the origin of such links or for their content.
Access to the websites and the use by the user of any content contained on it through the use of the links provided by PLANETIERS is governed by the terms and conditions defined by the third-party responsible for the website, which may be consulted through the respective pages.
Any questions or requests relating to the content, services or products of third parties should be requested directly from them via the email addresses provided.
PLANETIERS reserves the right, without prior notice, to cancel or modify access to third-party websites and links at any time regardless of the reason, and it declares that it is not responsible for any damage or responsibility for any interruption or suspension of any content or service made available through this website.
EXCLUSION OF WARRANTIES AND LIABILITY
PLANETIERS does not guarantee the quality, safety or legality of the products displayed, the truthfulness or accuracy or their descriptions, the ability of its partners to sell the advertised products, or the ability of users to acquire the same, and it cannot guarantee that both parties will complete the transaction.
The terms and conditions for the purchase, shipment and warranty of the products made available on the platform must therefore be agreed between the user and the third-party PLANETIERS’ partners.
Each partner is responsible for the legalisation and regularisation of promotions and sales with the competent authority(ies). PLANETIERS excludes any liability in this regard.
As a result of the foregoing, any doubts, suggestions or complaints regarding a product purchased through the PLANETIERS platform should be addressed only and directly to the PLANETIERS’ partner that made it available for purchase on the platform.
PLANETIERS does not guarantee the availability and continuity of the website’s operation, and therefore will not be liable under any circumstances for any loss or damage that may result from the lack of availability or accessibility of the website or from the interruption of its operation or computer failures, malfunctions, delays or blockages caused by deficiencies or overloads in telephone lines, data centres, the Internet or other electronic systems. Likewise, PLANETIERS will not be liable for loss or damage that may be caused by third parties, through unauthorised intrusions beyond the control of PLANETIERS.
PLANETIERS does not guarantee the absence of viruses or other elements on the website introduced by third parties not connected to PLANETIERS, which may cause changes or damage to the systems or the documents and files stored in its systems. Consequently, PLANETIERS will not be liable for any loss or damage of any kind that may arise from the presence of viruses or other external elements that may produce changes to the User’s systems, documents or files.
Likewise, PLANETIERS does not guarantee that unauthorised third parties will not be able to access and know what pages of the website that the user visits, even if with restricted access. Therefore, PLANETIERS will not be responsible for any loss or damage of any kind that may result from such unauthorised access.
The website may include advertising information or be sponsored by third-parties. Under the terms permitted by law, PLANETIERS cannot be held responsible for any error or inaccuracy contained in the advertising content of its sponsors and advertisers.
PLANETIERS reserves the right, whenever it considers it necessary, to change, add or delete parts of these Terms & Conditions without prior notice. The periodical consultation of the Terms & Conditions is advised.
Continued use of this website after the publication of changes will be understood as full acceptance of those changes.
APPLICABLE LAW AND JURISDICTION
These Terms & Conditions are governed by and must be construed in accordance with Portuguese law. Any conflict or divergence of interpretation will be submitted to the exclusive jurisdiction of the Portuguese courts.