Terms and Conditions

1.INTRODUCTION

This document (together with the documents mentioned in the annex) lays down the conditions determining the use of this website (WWW.SIMPLYB.PT) and the purchase of products on it (hereinafter "Conditions").

We ask you to carefully read the conditions, our cookie policies, and our privacy policy before using this website. By using this website or making an order through it, the customer is aware that they must comply with these conditions and our privacy policies. Therefore, if you do not agree to all the conditions and privacy policies, you should not use this site.

These conditions may be amended, it is your responsibility to read periodically since the conditions in force at the time of use of the website or the conclusion of the contract (as defined below) are those that will apply.

If you have questions about the conditions or privacy policies, you can contact us via our contact form.

The Agreement may be formalized, at your choice, in any of the languages in which the Conditions are available on this website.

2. OUR DATA

This website is executed under the name SIMPLY B based at Alameda da Casa da Gaia, nº 21, Argoncilhe, Santa Maria da Feira, Portugal, registered under the fiscal number 514386550,  with the telephone number +351 962 631 835 and the e-mail PORTO@SIMPLYB.PT

3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The information or data provided by the customer will be processed in accordance with the provisions of the Privacy Policy. By using this website, the customer is consenting to the processing of said information and data and declares that all the information or data you provide to us is true and corresponds to reality.

4. USE OF OUR WEBSITE

By using our website and/or making orders through it, the customer undertakes to:

4.1. Use this website only to make legally valid queries or orders.

4.2. Do not place any false or fraudulent orders. If we can rationally consider that an order of this nature has been placed, we will be authorized to cancel it and inform the competent authorities.

4.3. Provide us with your email address, postal address and/or other contact details in a true and accurate way. You also consent to the use of the information you provide to contact you (if you need to consult our Privacy Policy).

If you do not provide us with all the necessary information, we will not be able to follow up on your order.

When you place an order through this website, you represent that you are over 18 years of age and have the legal capacity to enter into contracts.

5. SERVICE AVAILABILITY

The services presented on this website are available for the Portuguese territory.

6. CONCLUSION OF THE CONTRACT

To place an order, you must follow the online purchase procedure and click on 'Authorize Payment', and you must first read and accept these Terms of Purchase. In doing so, you are entering into a purchase and sale agreement with us (the "Agreement"). You will then receive an email in charge of receiving your order (the 'Order Confirmation'). 

7. SERVICES AVAILABILITY

All service orders will be subject to their availability. To this end, if any difficulty occurs with respect to the supply of our services or if there are no items in stock, we will inform you immediately of the unavailability, and refund any amount you may be paid within 30 days.

8. PRICE AND PAYMENT

The price of each service will be the one that is stipulated, at any time, on our website, except in case of obvious error. Although we try to ensure that all prices on the page are correct, errors may occur. If we detect an error in the price of any of the tourism products the customer has ordered, we will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel it. If we are unable to contact the customer, the order will be canceled and you will be refunded in full the amount paid.

We will not be required to provide you with any product or service at the incorrect lower price (even if we have sent the Automatic Confirmation) if the price error is obvious and unambiguous and if it could have been reasonably recognized by the customer as an incorrect price.

The prices of this website include VAT but do not include transport charges, which will be added to the total amount outstanding, as shown on our website.

Prices may change at any time, but (except in the terms set out above) the possible changes will not affect orders for which we have already sent an Order Confirmation.

Once your purchases have been made, all the items you want to buy have been added to your cart and the following steps will be the completion of the order and payment. To do so, you must follow the steps of the purchase process, filling in or verifying the requested information at each step.

In addition, during the purchase process, before payment, the customer can change the data of their order. You can pay through the ideal and with Visa, and Mastercard cards.

To reduce the risk of unauthorized access, your credit card details will be encrypted. Upon receipt of your order, we will pre-authorize your card to ensure that there are sufficient funds to complete the transaction. Your card will be debited as soon as your order leaves our warehouses.

By clicking on 'Finalize Order', the customer confirms that the credit card is theirs or that it is the rightful owner of the payment card.

Credit cards are subject to verification and authorization by issuing entities, but if they do not authorize payment, we will not be liable for any delay or non-delivery and will not be able to formalize any agreement with the customer.

9. VALUE ADDED TAX

All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) fee in force.

10. EXCHANGE POLICY

11. Right of free resolving of the contract

According to the applicable rules, if you are hiring as a consumer, the customer has the right legally enshrined to resolve the contract, up to 14 days, after its conclusion without presenting any reason.

The free resolution period will expire after 14 days from the day on which the customer (or a third party - other than the carrier - indicated by you) physically acquires several items in a separate order, 14 days from the day on which the customer (or that third party indicated by you) physically purchased the last product. To exercise the free right of the contract, the customer can contact us by phone number +351 962 631 835, through the chat available on the website via WhatsApp via social networks (Facebook, Instagram, and LinkedIn) or through our contact form, their decision to resolve this contract by an unequivocal statement (example : a letter sent by mail or email). The customer can use the form on the contact page of our website. However, the consumer may exercise the right of free resolving by any means and the use of any of the means referred to is not mandatory.

To comply with the period of free resolution of the contract, simply send your communication regarding your exercise of the right of resolving before the period of resolution of the contract expires in the following format:

RESOLUTION FORM

For SIMPLY B, based at Alameda da Casa da Gaia, nº 21, 4505-001, Argoncilhe, Santa Maria da Feira (e-mail PORTO@SIMPLYB.PT)

I hereby inform you that I terminate my contract for the sale of the following items:

Ordered in /received in (*)

Consumer name

Consumer address

Consumer signature (only if this form is notified in paper format)

date

Effects of contract resolution

If the customer resolves the Agreement, we will refund the amount paid for the items without undue delay and provided that it does not exceed the 14-day period, from the day you were informed of your decision to resolve this contract (please confirm this option). We will refund you using the same payment method that the customer used for the original transaction. In any case, the customer will not pay any fee arising from such refund. 

All rights recognized by the law in force will be safeguarded.

12. WWW.SIMPLYB.PT

This website contains a section specifying "SPECIAL SERVICES", in which, in accordance with these terms and conditions and the particulars referred to in that section, you may customize certain products. In this section, you can find more information about this service.

The Customer warrants that he/she is authorized to use the texts and other elements that are part of the customization of the products. However, we reserve the right to refuse your customization or to cancel orders for custom items for non-compliance with the conditions in question. The customer will be solely responsible for the customization requested. We may refuse your customization or cancel orders for custom products in the event that we notice that the customization consists of, or includes inappropriate, third-party, or unlawful property.

We do not assume the obligation to verify and do not assume responsibility for the texts or other elements that are part of the customization created by the users of this service. We do not guarantee the legality of such texts or other elements and, consequently, we assume no responsibility for damages and/or damages that may result for any user(s) and/or any other third party - whether individuals or public or private entities - result directly or indirectly from the use of the SPECIAL SERVICES section or that has any kind of direct or indirect relationship with said section and/or its products.

13. INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, trademark, and other intellectual property rights in the materials or content that are provided as part of the website are at any time ours or those who have granted us the license for their use. You may only use this material in the manner expressly authorized by us or by those who have granted us the license for its use. This does not prevent you from using this website to copy the information relating to your order or the contract data to the extent necessary.

14. VIRUSES, PIRACY, AND OTHER CYBER ATTACKS

You should not misuse this website by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful or harmful material. You should not gain unauthorized access to this web page, the server on which this page is located, or any server, computer or database related to our web page. You will commit not to attack this web page through a denial of service attack or a distributed denial of service attack.

Failure to comply with this clause may result in infringements typified by applicable law. We will inform the competent authorities of any breach of such legislation and cooperate with them to find out the identity of the attacker. In the event of non-compliance with this clause, you will also no longer be allowed to use this website.

We will not be liable for any data or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or the downloading of content from it or the content to which it redirects.

15. LINKS FROM OUR WEBSITE

If our website contains links to other third-party pages and materials, these links are provided for information purposes only, without having any control over the content of those pages or materials. Therefore, we will not accept any liability for damages or losses due to its use.

16. WRITTEN COMMUNICATION

Applicable law requires that part of the information or notifications we send be in writing. By using this website, the customer accepts that most notifications with us are electronic. We will contact you by email or provide information through notices posted on this website. For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other notifications sent electronically satisfy the legal requirement that such notifications be made in writing. This condition will not affect the rights recognized by law.

17. NOTIFICATIONS

Customer notifications should be sent, via the telephone contact +351 962 631 835, through the WhatsApp chat available on the website, via social networks (Facebook, Instagram and LinkedIn) or through our contact form. In accordance with the provisions of clause 14 above and unless otherwise stated, we will send you notifications by email or to the postal address provided when you placed your order.

Notifications will be considered to have been received, and correctly made, at the time the customer enters our website, 24 hours after sending an email or three days after the franchise date of any letter. To prove that the notification was made, it is sufficient to prove, in the case of a letter, that the address was correct, that it was correctly sealed and that it was duly delivered to the post office or in a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient

18. TRANSFER OF RIGHTS AND OBLIGATIONS

The commitment of the contract applies to you and to us, as well as our respective successors, people who have benefited from transfers made by us and heirs. You may not transmit, waive, contract or otherwise transfer a contract or any of the rights or obligations arising therefrom without obtaining our prior written consent.

We may transmit, waive, sub-contract or otherwise transfer a contract or any of the rights or obligations arising therefrom, at any time during the term of the contract, to any other company owned by SIMPLY B's legal owners. All other transfers of our contractual position, rights or obligations under this agreement will also be subject to your prior consent. In order to avoid any doubt, such transfers, transfers, embargoes or other transfers shall not affect the rights which, as applicable, you hold as a consumer recognized by law or that cancel, reduce or limit in any way the express and tacit warranties that we may have given you.

19. REASONS FOR FORCE-GREATER FORCE

We will not be liable for any breach or delay of any of our obligations under a Contract which is due to events that are outside our control (Force Major Reasons).

The concept of Force Major shall include any act, event, failure to exercise, omission or accident that is beyond our control, including but not including but not including the following:

i. General strike, or other forms of protest that significantly affect the country.

ii. Disturbances of public order, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.

iii. Fire, explosion, storm, floods, earthquake, landslide, epidemic, pandemic or any other natural disaster.

iv. Impossibility of using trains, boats, aircraft, motor transport or other means of transport, public or private.

v. Impossibility of using public or private telecommunications systems.

Our obligations derived from the Contracts shall be considered to be suspended for the period in which the Reasons for Force Major occurs and we will benefit from an extension of the period to comply with such obligations for a period of time equal to that of the duration of the Force-Major Reasons. We will use all reasonable means to terminate the Force Major Grounds or to find a solution that allows us to comply with our obligations under the Agreement.

20. RENUNCIATION RIGHTS

The absence of our requirement for strict compliance by the customer with any of the obligations undertaken by him under a Contract or these Terms or the failure on our part to exercise the rights or actions owed under this Agreement or Conditions will not mean a waiver or any limitation in relation to those rights or actions , nor shall it relieve the customer of fulfilling its obligations.

No waiver on our part of a right or action will imply the waiver of our rights or actions, derived from the Agreement or the Terms.

No waiver on our part of any of these Terms or the rights or actions derived from the Agreement shall take effect, unless expressly stated that it is a waiver, formalizes and communicates to the customer in writing in accordance with the provisions of clause 14 above.

21. PARTIAL CANCELLATION

If any of these Terms or any provision of a Contract are declared void and void by a competent authority by firm resolution, the remaining terms and conditions shall remain in force without being affected by such declaration of invalidity.

22. SINGLE AGREEMENT

These Terms and all documents to which express references are made constitute the entire agreement between us and the customer, with respect to the subject matter of the Agreement, and supersede any other covenant, agreement or promise previously established between us and the customer, either verbally or in writing.

We and you acknowledge that we have consented to the conclusion of the Agreement without relying on any statement or promise made by the other party or that may interfere with any written statement in the negotiations between both parties prior to this Agreement, except as expressly mentioned in these Terms.

23. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the purchase agreements made through this page are governed by Portuguese law.

This provision does not affect the other rights recognized to the consumer by the legislation in force.

24. COMMENTS AND SUGGESTIONS

Your comments and suggestions are always welcome. Please send feedback and suggestions through our contact form.

You can send your comments and complaints through our contact or via the email porto@simplyb.pt

25. ALTERNATIVE DISPUTE RESOLUTION

To this end, if the transaction has been completed through our website, we inform you - in accordance with EU Regulation No 524/2013 - that you have the option of attempting to resolve any dispute out of court by accessing the electronic online dispute resolution platform at https://ec.europa.eu/consumers/odr/.

You can consult the updated list of Alternative Dispute Resolution Entities available under Article 17 of Law No. 144/2015 of 8 September on the Consumer Portal, through the www.consumidor.pt website.