Terms and conditions

 

MARKETPLACE P55 TERMS AND CONDITIONS

INTRODUCTION

The commercial company P55 LDA. (TIN 515981079), has implemented on its website https://www.p55.art/ , an online marketplace (hereinafter referred to as “Marketplace P55”) that allows buyers (hereinafter referred to as “Buyers”) and sellers (hereinafter referred to as “Sellers” ), collectively referred to as “Parties”, buy and sell second-hand used luxury goods (hereinafter “Products”) at a previously defined price (hereinafter “Service”).

Anyone wishing to use this Service must abide by these P55 Marketplace Terms and Conditions (hereinafter “Terms”) without reservations or conditions, a declaration of will expressed at the time the Seller places the respective advertisement and the Buyer validates the respective purchase .

Sales made through the Service between Buyers and Sellers are governed by the P55 Marketplace Terms and Conditions, which must be accepted by the Buyer at the time of each purchase and by the Seller at the time of placing the Products for sale on the P55 Marketplace.

I - GENERAL PART

 

Article 1 - Scope and object

The purpose of these Terms is to establish, between the parties, the terms and responsibilities underlying the performance of the Service, as well as to provide and define all necessary information to Buyers and Sellers about the modalities of order, sale, payment and delivery of purchases made in the Marketplace P55.

Article 2 – Definitions

For the purposes of these terms and conditions:

  1. Company: P55, LDA., commercial company headquartered at Rua Arquitecto Cassiano Barbosa, 112D, Sala 2, municipality of Porto;
  2. Website: p55.art website that acts as a centralized access point to information available on the Internet;
  3. Seller: the owner of the movable property, with the capacity and legitimacy to promote the sale;
  4. Buyer: natural or legal person with legal capacity who intends to acquire movable property whose sale is promoted through the p55.art platform;
  5. Registration: the process by which any person, natural or legal, can register on the website and buy or sell in accordance with the applicable terms and conditions; registration is a prerequisite for participation;
  6. Marketplace P55: platform on which buyers and sellers can register for the purpose of buying and selling products;
  7. Service: set of tools that allows Parties to register on Marketplace P55, contact, order, pay the price of the Products and confirm receipt of the Products.

Article 3 – Operation of the Marketplace

  1. The P55 Marketplace allows Buyers to view and purchase Products marketed by Sellers on the P55 website.
  2. Transactions carried out through Marketplace P55 are entered into directly between Buyer and Seller, in compliance with the precepts and other legal requirements in force.
  3. The Company does not act as an agent, distributor or representative of the Sellers, nor as a reseller of the Products proposed by the Sellers through the P55 Marketplace.
  4. The products advertised and sold on Marketplace P55 are the sole responsibility of the Sellers, namely with regard to their ownership, quality, safety, origin, warranty and compliance with applicable legislation.

II - CONDITIONS RELATING TO BUYERS

 

Article 4 - Buyers

  1. The Buyer may only buy from the P55 Marketplace after accepting these Terms and Conditions and the Privacy Policy without any restrictions or reservations, as well as after registering on the Marketplace.
  2. For this purpose, the Buyer must provide the data that allow its identification.

Article 5 - Signing of the purchase and sale agreement

  1. The Products are presented on the website with a description that allows the Buyer to know their essential characteristics and their price.
  2. The Buyer selects the Product(s) he wishes to purchase.
  3. You confirm your choice of Product(s) and acknowledge and accept these Terms by one-click validation.
  4. Buyer pays for the Product(s).
  5. The Buyer receives an email message confirming the acceptance of his order. However, the purchase and sale agreement entered into between the Buyer and the Seller is subject to the final condition of availability of the Product.
  6. The Seller is informed by the Company that one or more Products that he has put up for sale has been the subject of an order.
  7. The Seller undertakes to confirm and/or inform the availability of the Product(s) ordered by the Buyer within 2 (two) working days after receiving the information as provided for in paragraph 6 above.
  8. If the same product is the object of an order by several Buyers at the same time, and depending on the availability of this Product (scarce, unique, second-hand product), it will be sold to the first Buyer to register and pay for your order. The order placed by the remaining Buyers will be cancelled.
  9. Once the order has been validated or confirmed by the Seller, an email message is sent to the Buyer to inform him of the dispatch or cancellation of the order.
  10. In the event of total or partial confirmation of the order by the Seller, the resolutive condition that integrates the purchase and sale contract entered into between the Buyer and the Seller does not apply, thus the Seller assumes the definitive commitment to send the order within the prescribed period.
  11. In the absence of confirmation of the availability of the Product(s) within the period provided for in point 7 above, the purchase and sale agreement entered into between the Buyer and the Seller is automatically terminated and each party is relieved of its obligations. Only the contract relating to the sale of the Product(s) not available is covered by this resolution.
  12. In case of confirmation of availability of all or part of the Products ordered by the Buyer, said Products are shipped by the Company from the Seller's address.
  13. The Product(s) are shipped by the Company to the address indicated by the Buyer during checkout. Therefore, it is the sole responsibility of the Buyer to verify that the data provided is correct and allows receiving the Product.
  14. The Buyer must confirm receipt of the product(s), the conformity of the product(s) and the condition of the product.
  15. In the absence of confirmation, the Product is presumed to be received in conformity and in good condition within 15 (fifteen) days from the date of shipment.

Article 6 - Price and payment

  1. The purchase price of the Product is determined by the Seller.
  2. The price is indicated in euros with all taxes and fees included in the descriptive form, but excluding delivery charges, these being added before the order is validated, unless the campaign is in force.
  3. Payment for purchases made through the Service is made to the Company, which receives the corresponding amount, in the name and on behalf of the Seller.

 

Article 7 – Right of free resolution

  1. Under current legislation, in the context of a purchase made from a Seller, the Buyer has a period of 14 (fourteen) days from the receipt of the Product(s) ordered to exercise with the Company , your right of free termination without payment of compensation and without the need to state the reason.
  2. In case of exercising the right of free withdrawal within the aforementioned period, only the price of the Product(s) purchased and the shipping costs will be refunded. Return expenses are borne by the Buyer, unless the campaign is in force.
  3. The Product(s) must be returned in original and complete condition (packaging, accessories, instruction manual, etc.) packed in the same way as in shipment.
  4. The Buyer exercises its right of free termination directly with the Company.
  5. The refund of returned products is made by the Company to the Buyer as soon as possible and within a period of 30 (thirty) days from the date of exercise of the right of free withdrawal.

III - CONDITIONS RELATING TO SELLERS

Article 8 – General Obligations

  1. Seller expressly undertakes to identify itself as acting in the capacity of Seller as it makes sales of Products through the Service.
  2. The Seller expressly undertakes not to promote, directly or indirectly, in any way, the dissemination of its products on any platform other than the Company's.
  3. In case of non-compliance with the exclusivity right referred to in the previous number, the Company has the right to immediately cancel the Seller's registration.
  4. Seller undertakes to make every effort to best fulfill its obligations by providing a quality service to Buyers.
  5. To this end, the Seller undertakes, namely, to respond to e-mail messages from the Service within a maximum period of 2 (two) working days from the date of receipt.

 

Article 9 – Obligations regarding Product Offerings

  1. Seller undertakes and warrants that it will only sell Products which it owns or over which it has rights that allow it to sell.
  2. Seller warrants that the Products do not violate applicable law or regulations and that they do not affect the rights of third parties. Accordingly, the Seller undertakes in particular not to sell any Product that constitutes a counterfeit work under the terms of the Code of Copyright and Related Rights or any Product whose marketing is regulated by legislative, regulatory or contractual provisions.
  3. The Seller is solely responsible for offering for sale the Products it proposes on the Service.
  4. The Seller undertakes to act in good faith in the description associated with the Product offers it proposes on the site.
  5. The Seller is solely responsible for the accuracy of the indications contained in the aforementioned description and undertakes that they do not create a risk of misleading potential Buyers, both with regard to the characteristics of the Product and with regard to its condition or your price. With respect to second-hand Products in particular, the Seller must provide an accurate description of the status of the Product.
  6. Seller communicates to Buyers all the information that allows them to become aware of the essential characteristics of the Product (if applicable, composition of the Product, accessories included, origin, etc.).

 

 

 

Article 10 – Obligations regarding the prices of the Products

  1. The price of the Products is freely defined by the Seller, in compliance with the legislation in force.
  2. In situations of sale with a price reduction, the Seller must communicate the existence of the type of sale with a price reduction, as defined in Decree-Law No. 109/2019, of August 14, being responsible for duly informing the customer and guarantee the fulfillment of all the obligations contained in the referred diploma. P55 reserves the right to withdraw from the Marketplace information that does not comply with these conditions.
  3. The price must be indicated on the website in euros with all taxes and fees included, but with the exception of shipping costs, which will be added to the order value during the purchase process (checkout).

 

Article 11 – Obligations relating to the sale of the Products

  1. Contracts for the purchase and sale of Products proposed by the Seller on the Site are entered into between the Seller and the Buyer.
  2. The Seller is informed by P55, by email and in the Seller's area, that he has one or more orders for the Products he has for sale.
  3. The Seller undertakes to confirm the data necessary for the collection of the Product(s) ordered by the Buyer within 2 (two) working days after receiving the information as provided for in the previous number.
  4. The Seller must accept and confirm the order. If you reject the order, the company may unilaterally terminate the contract between the parties.

 

Article 12 – Obligations regarding the delivery of the Products

  1. After accepting the order, the Seller undertakes to package the Product so that the Company can collect it within 2 (two) working days after acceptance of the order.
  2. The Seller is obliged to comply with the applicable legislation, namely tax, relating to the commercial transaction of purchase and sale of the Product, assuming sole responsibility for its compliance.
  3. The Seller undertakes to pack the ordered Products, following the company's manual, in order to prevent the Products from being damaged during transport.
  4. If the delivery period is exceeded without the Seller sending it, the order will be canceled and the Buyer informed by email.

Article 13 – Financial provisions

  1. For each order for Products received by a Buyer, the Company will charge the Seller a fixed amount of €30.00 (thirty euros) plus VAT at the prevailing rate.
  2. The Company will pay the Seller the amount stipulated by the Seller on the Product page, deducting the amount referred to in the previous number, after confirmation by the Buyer of receipt of the Product(s) purchased.
  3. Payment will be made by bank transfer to the bank account whose details have been indicated by the Seller. Payments are made by the company on Wednesdays.
  4. In the absence of confirmation of the receipt of the product by the Buyer and in the absence of a complaint from the Buyer that has been brought to the attention of the Seller, the Product is presumed to have been received and the transfer will be made in favor of the Seller after a period of 15 (fifteen) days from the date of confirmation of receipt of the Product by the Buyer.
  5. In the event of a claim by the Buyer, once the aforementioned period of 15 (fifteen) days has elapsed and the transfer is made to the Seller, the Company, after evaluating the Buyer's claim and if justified, may reimburse the Buyer in the amount of the Product ordered. In this case, the amount refunded by the Company to the Buyer will be debited to the Seller, who shall pay the same, by offsetting the current account between the Seller and the Company or through any other means agreed between the Company and the Seller .

Article 14 – Discount Policy

  1. The Company reserves the right to apply discounts on certain events as a Marketing strategy (eg Black Friday, Christmas, Father's Day, Mother's Day, etc). These discounts focus on reducing the company's margin over the price defined by the Seller. During these discount campaigns, the Seller is obliged to pay the company a commission of 5% on the value of the sale price of its items so that the company can reduce the losses resulting from the current campaign.
    If the Seller does not accept the Discount Policy, the Company reserves the right to hide its products during the term of the campaign.

Article 15 - Disclaimer

  1. Neither the company, nor its representatives, workers or collaborators can be held responsible for errors related to the description, genuineness or authenticity of any batch, except in the case of gross errors that could not be ignored
  2. If the Company is sued for fault that is not attributable to it, the Seller undertakes to assume the same and, as well, to reimburse the Company for all amounts that have been spent by it in this regard.

 

 

IV – GENERAL MARKETPLACE CONDITIONS

 

Article 16 - Warranty

  1. The warranty of the P55 Marketplace Products is the sole responsibility of the respective Marketplace Sellers.
  2. If the product is returned by the Buyer, the Buyer must bear the costs incurred in sending it, unless the campaign is in force. Checking the non-conformity of the product, shipping costs will be reimbursed by the Seller. In the event of improper use of the product, shipping costs will be borne exclusively by the Buyer.

 

Article 17 - Liability

  1. The Company is not responsible for the defective use of the P55 Marketplace by the user or for any error on his part in the purchase process, nor for facts attributable to a third party.
  2. The Company is not responsible for damages resulting from failures or deficiencies of the P55 Marketplace or its maintenance operations, as well as any unpredictable and insurmountable events, beyond its control or control, that prevent it, in whole or in part, definitively or temporarily, to comply with the obligations arising from the Contract and/or resulting from non-compliance, delay or defective performance that are not attributable, by way of intent or gross negligence, to the Company or its representatives, agents, assistants or any other persons who use it to fulfill its obligations.
  3. The Company is not responsible for the content and information provided by Sellers on Marketplace P55. Such content and information are the sole responsibility of the Sellers.
  4. The Company is not responsible for sales concluded through the Marketplace P55, and any claim relating to the purchase must be referred to the Seller, who is responsible for assuming the responsibility for the purchase and sale contracts between the Buyer and the Seller.
  5. The user is responsible for his use of the P55 Marketplace, namely the information he provides when purchasing and the content of the Seller's evaluation.

 

Article 18 – Personal Data

  1. Information and personal data relating to Buyers and Sellers are processed by the Company and, unless otherwise stated, are essential to ensure the management of the respective accounts for access to the Service, compliance with the legal obligations incumbent upon it, if applicable, and to improve and customize the services offered to users of the P55 Marketplace.
  2. The Company will collect and process the personal data of Buyers and Sellers by computer, entering them in an appropriate database for which it will be responsible.
  3. P55 Marketplace users undertake to provide and keep their personal data up to date and accurate. Personal data relating to the registration form that are found to be incorrect or incomplete, constitute grounds for the immediate suspension or termination of the provision of the online market, as well as for the termination of the respective contract.
  4. Under the obligations established in Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27, 2016 and in Law No. 58/2019, of August 8, regarding the protection of natural persons in relation to with regard to the processing of personal data and the free circulation of such data, the Company, as the owner of Marketplace P55, is responsible for providing a set of information regarding the processing of personal data of its users, as well as ensuring the exercise of the rights provided for in that Regulation. In this sense, you can consult our Privacy Policy HERE to find out how your personal data will be processed, as well as how to exercise your rights and responsibilities.

Article 19 – Intellectual Property

  1. All content and information contained in Marketplace P55, namely, texts, logos, illustrations and images, are protected under copyright and related rights, as well as intellectual property, for the entire duration of the protection of such rights and for the entire world .
  2. Accordingly, and pursuant to the provisions of the Code of Copyright and Related Rights, private use is only authorized, always prejudice to different and perhaps more restrictive provisions contained in that Code.
  3. Any total or partial reproduction or representation of the P55 Marketplace and/or all or part of the elements found on the P55 Marketplace is absolutely prohibited.

Article 20 - Partial Nullity

If one or more provisions of these terms are considered invalid or declared as such by application of legislation or by a final decision of a competent court, the remaining provisions will remain valid and effective.

Article 21 - Dispute Resolution

  1. The Company is not a party to the purchase and sale agreement entered into between Seller and Buyer.
  2. Disputes shall be resolved directly between Buyer and Seller.
  3. The Company will not assume any responsibility towards the Buyer and the Seller, as it is a third party in the contractual relationship.

 

Article 22 - Applicable law and competent jurisdiction

  1. These Terms are subject to Portuguese and European legislation.
  2. Any dispute relating to its interpretation and execution is a matter for the courts of the District of Porto, with express waiver by any other.

Article 23 – Electronic Complaint

If you want to make an electronic complaint, you can make it on the website Electronic Complaints Book .

As indicated by the platform, although it is not mandatory, the user can contact P55 directly to solve the problem in a friendly way.