CONDITIONS OF SALE
1. OBJECTIVE
These Terms of Sale aim to establish the terms in which LUSOCRAFTS®, which regulates the use of the website and services, makes available to Sellers the technological tools within the Marketplace for the sale of Products. LUSOCRAFTS® reserves the right to modify these terms. Any change will be effective 15 days after notification to the Seller. If necessary, LUSOCRAFTS® will grant a longer period for the Sellers to make technical or commercial adjustments in accordance with the changes. Sellers have the right to terminate the contract with LUSOCRAFTS® before the end of the notice period. This termination will take effect within 15 days after notification of the change to these GTC Sellers. Sellers may waive the notice period by written declaration or express consent at any time after receiving notification of the change in the Terms of Sale. During the notice period, if the Seller adds new products will be considered a waiver of the notice period unless this period is longer than 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. No notice period is required in the following cases:
- Changes mandated by legal or regulatory obligations that prevent compliance with the notice period.
- Changes necessary to address unforeseen and imminent threats to online intermediation services, their Consumers, or Sellers, such as fraud, malware, spam, data breaches, or other internet security risks.
- The changes do not apply to transactions in progress when they come into effect.
2. DESCRIPTION OF THE MARKETPLACE
The Marketplace comprises various tools enabling Sellers to display, detail, and describe their products, accept orders from Buyers, process payments, and facilitate communication when needed. Transactions carried out through the Marketplace for the sale of Products occur directly between the Buyer and the Seller. LUSOCRAFTS® does not act as a reseller of the Products presented by Sellers on the Marketplace.
3. CONDITIONS FOR USING THE MARKETPLACE
To use the Marketplace, the Seller must agree to these Terms of Sale by completing the Seller Registration Form, subject to prior approval after submitting this form. In this regard, the Seller must provide the necessary identification details and commit to providing accurate information, promptly informing LUSOCRAFTS® of any changes. Updates must be made by the Seller via the corresponding account. To access the Marketplace, the Seller must use the email address and password provided upon account approval. The Seller agrees to keep this information confidential and not share it with third parties, being solely responsible for accessing the Marketplace with their login details (email and password) unless fraudulent use that is not attributable to the Seller can be proven. In case of loss, theft, or fraudulent use of the email and/or password, the Seller agrees to notify LUSOCRAFTS® immediately. Additionally, the Seller commits to implementing the following technical and security measures:
- Securing computers, phones, and devices with strong passwords of at least 12 characters, including uppercase and lowercase letters, numbers, and special characters, and changing them at least quarterly.
- Keeping operating systems, applications, and antivirus software updated.
- Password-protecting external storage devices (USB drives, hard drives, etc.).
4. OBLIGATIONS AND RESPONSIBILITIES
The Seller, when acting on the Marketplace, needs to correctly identify itself to the Buyers as a company or individual entrepreneur. Must comply with all legislation in the scope of its commercial activity (be it records, accounting, taxes, among others). You agree to comply with the laws applicable to the products you sell, such as warranties and provision of information in English. You may not promote your Products or those of third parties directly or indirectly. You must provide quality service to the Buyers, responding to contact requests within two working days.
4.1. Obligations Related to Seller Identification for Compliance with Law No. 47/2020, of August 24, and EU Implementing Regulation No. 2019/2026, of November 21, 2019 (Implementing Regulation).
- Delivery date of the Products;
- Taxable amount with the currency used specified;
- Any subsequent increase or reduction of the taxable amount;
- Applied VAT rate;
- VAT amount due with the currency used specified;
- In the case of an invoice issuance, the information contained in the invoice;
- Proof of any Product return, including the taxable amount and the applied VAT rate;
- Order number;
The Seller warrants that the products it sells are its property or 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 products subject to specific regulations, such as those integrated into selective distribution networks. The Seller assumes sole responsibility for the availability of products on the Marketplace, and may also add new products to the site, in addition to those that you have already inserted when creating your Page.
Furthermore, the Seller undertakes to be honest in describing the products offered on the site, ensuring the accuracy of the information provided and avoiding misleading potential buyers, both on the characteristics and on the price of the products. You must also provide all the information necessary for buyers to understand the essential characteristics of the Products, such as composition, accessories included or origin.
The Seller ensures that the images of the Products presented on the website (photographs or other) correspond to the real products and do not violate the rights of third parties. Furthermore, the Seller warrants to LUSOCRAFTS® that it holds all necessary rights, including intellectual property rights, over these images, authorizing their use for the presentation of the Products.
The Seller may freely set the selling price of their products, provided it complies with current legislation; however, they must not offer lower prices on other platforms.
In the case of a sale with a price reduction, the Seller must inform the customer in accordance with Decree-Law No. 109-G/2021, of December 10, and ensure compliance with the obligations established by this regulation.
LUSOCRAFTS® reserves the right to remove any information from the Marketplace that does not comply with these conditions. The price indicated on the site includes all applicable taxes, fees, and charges, except for shipping costs, which will be added by LUSOCRAFTS® to the order price upon validation by the Buyer.
The contracts for the purchase and sale of the Products are concluded between the Seller and the Buyer, provided that the products are available. When a Product is ordered, the Seller is notified by email by LUSOCRAFTS®, having two working days to confirm the availability of the order. By confirming the order, the Seller undertakes to ship the product within the stipulated time. If you do not respond within the deadline, the contract is automatically cancelled and the account may be temporarily suspended.
The Seller shall ensure that all orders are fully fulfilled. If you do not, LUSOCRAFTS® may suspend or terminate your access to the Marketplace without notice or compensation.
The Seller commits to carefully packaging the products to prevent damage during transportation, fully assuming the risks associated with the transport of the Products.
Delivery methods and applicable timeframes can be confirmed during the checkout process and are calculated based on the destination country and the product’s weight. Shipping costs will be charged along with the purchase of the product.
The shipping time for an item is displayed when the desired shipping method is selected.
The Seller commits to making every effort to fulfill their obligations and provide quality service to Buyers. Buyers have the right to submit a complaint regarding ordered Products within 14 (fourteen) days of the order date if the following criteria apply:
- The Product was not received by the Buyer;
- The Product received does not match the Product ordered;
- The Product received is damaged or broken.
In the event of a Buyer’s claim regarding a Product, the Seller assumes responsibility for resolving that claim. Disputes are directly resolved between Buyer and Seller, using the contact information available on the Seller’s page in the Marketplace. The Seller shall endeavour to settle the dispute amicably.
If the Seller does not settle the dispute that opposes it to the Buyer within 8 (eight) working days from receipt of the complaint, LUSOCRAFTS® reserves the right, after notifying the Seller for this purpose, to proceed with the refund of the value of the Product to the Buyer. This amount will be subsequently deducted from the amounts payable by LUSOCRFTS® to the Seller in respect of the Products sold by the latter through the Marketplace.
Once the reason for the Buyer’s complaint has been substantiated, the Seller shall resend the ordered Product or refund it, without any additional costs to the Buyer.
If the Buyer chooses to exercise the right of free cancellation, LUSOCRAFTS®, as a suitable party, will reimburse the amount of the returned Product to the Buyer by making a credit on the account of the Marketplace. This amount will be deducted from the amounts owed by LUSOCRAFTS® to the Seller in relation to its sales on the platform. However, if the Seller’s account is indebted for more than 150 € (one hundred and fifty euros), the refund of the returned Product by the Buyer must be made directly by the Seller to the Buyer.
5. FINANCIAL PROVISIONS
5.1. Management Fee
LUSOCRAFTS® applies a commission on each product sold.
Upon confirmation of payment by the Buyer, LUSOCRAFTS® pays the Seller the full price of the order, less commission, within two working days.
6. SELLER EVALUATION
6.1. Buyer Feedback
LUSOCRAFTS® allows Buyers to evaluate the Sellers with whom they have done business. For this purpose, it has a rating tool by assigning stars from 1 to 5. This assessment must take into account the interaction between Buyer and Seller as well as the fulfillment of requirements such as shipping deadlines, receipt of the product in good condition, among others.
6.2. Evaluation by LUSOCRAFTS®
Sellers are evaluated by LUSOCRAFTS® on issues such as: acceptance of orders, number of complaints submitted by Buyers and spontaneous reimbursement. These factors are determined by the records of the Seller’s Account.
LUSOCRAFTS® reserves the right to suspend or terminate access to the Marketplace by the Seller in accordance with article 7 of these Terms and Conditions.
7. SELLER ACCOUNT RESTRICTION / SUSPENSION / TERMINATION
These Terms of Sale do not have an established validity period.
Either party has the right to terminate this contract at any time without justification, provided that a two-month notice is given.
If the Seller does not comply with any of its obligations or the evaluation criteria specified below, LUSOCRAFTS® reserves the right to restrict, suspend or cease the provision of the service and notify the Seller of the reasons for its decision on the date when the restriction or suspension takes effect. The Seller has the right to ask for clarification on the facts and circumstances that have motivated LUSOCRAFTS® decision.
7.1. Restrict or suspend the Seller’s access to the Marketplace:
- When the average rating of the overall evaluation of the Buyers is less than 3/5;
- When the order acceptance rate is between 80% and 90%, inclusive;
- When the rate of complaints submitted by Buyers is between 7% and 10%, inclusive;
- When the refund rate is between 10% and 20%, inclusive.
7.2. Cease providing services of access to the Marketplace by the Seller:
- When the average rating of the overall evaluation of the Buyers is less than 2/5;
- When the acceptance rate of orders is less than 80%;
- When the rate of complaints submitted by Buyers is more than 10%;
- When the refund rate is more than 20%.
If LUSOCRAFTS® chooses to cease providing its services of access to the Marketplace to a particular Seller, this will be notified by registered letter with acknowledgement of receipt on the reasons for this decision, respecting a notice of 30 (thirty) days before the date on which the termination takes effect.
If the Seller seriously and/or repeatedly violates its obligations, including but not limited to: fraud, offensive comments, counterfeiting, violation of third party rights, LUSOCRAFTS® reservesif the right to terminate the service without notice and without the Seller being entitled to any compensation or damages. In addition, LUSOCRAFTS® may retain the balance of the current account to cover any future claims. The Seller will be notified by LUSOCRAFTS® of the reasons for the decision to terminate the Marketplace by registered letter with acknowledgement of receipt.
In the event that the breach by the Seller constitutes an illegal activity, LUSOCRAFTS® will immediately inform the competent authorities.
In the event that the breach by the Seller constitutes an illegal activity, LUSOCRAFTS® will immediately inform the competent authorities.
8. INTERNAL COMPLAINT HANDLING PROCEDURE
LUSOCRAFTS® provides the Seller with means dedicated to handling complaints through the email address: apoiotecnico@lusocrafts.com. Through this email, the Seller can request support in solving problems and submit complaints if
LUSOCRAFTS® 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 equity and transparency for professional users of online brokerage services. Includes technological issues that directly affect the Seller, such as access to the Marketplace or measures adopted by LUSOCRAFTS® that interfere with the provision of services or access to the Marketplace.
LUSOCRAFTS® undertakes to duly analyse the requests submitted, ensuring correct and effective treatment, taking into account the importance and complexity of the issues raised, and communicate to the Seller the results of internal procedures in a personalized manner.
9. PERSONAL DATA
LUSOCRAFTS® processes the personal information and data of any natural person representing the Sellers or itself. This data is essential for managing the Seller’s account and its access to the Marketplace, unless otherwise stated.
Personal information and data is also kept for security purposes, compliance with LUSOCRAFTS® legal obligations, and to improve and personalize the services offered to users of the site, including the information sent to the Sellers. In this context, the Sellers may receive e-mail communications about LUSOCRAFTS® service.
As established in the current legislation on Personal Data Protection, the Seller, or its representative, may exercise at any time their rights of access, rectification, deletion, limitation, opposition and portability by sending an e-mail tomail to apoio.vendedor@lusocrafts.com, indicating your name, surname and e-mail address.
The personal data of the Seller, or its representative, will be kept only for the time necessary for the purpose that motivated their collection.
As the holder of personal data, the Seller, or his representative, has the right to submit complaints related to the protection of personal data to the competent authority, the National Commission for Data Protection (CNPD).
LUSOCRAFTS® uses cookies to track the Seller’s activity on the site, exclusively for the purpose of improving the personalized service offered to you. For more information about cookies, click here.
In the context of data related to orders of the Seller’s Products collected as part of the service, LUSOCRAFTS® will inform the Buyers that they are intended for LUSOCRAFTS®, which will communicate the information necessary for delivery of the products, to the Seller, exclusively for this purpose.
The Seller irrevocably commits to use the personal data of the Buyer, communicated by LUSOCRAFTS®, solely for the purpose of delivery of the Product(s) and compliance with legal obligations arising from this process. The Seller undertakes not to keep any copy of the data after sending the Product(s) ordered (s), being prohibited from making any other use, rental, sale, resale or copy to third parties.
In this domain, the Seller may receive information by e-mail regarding the service from LUSOCRAFTS®. The Seller is obliged to comply with the legal and regulatory standards applicable to personal data protection when processing the personal data that will be communicated to it by LUSOCRAFTS®.
LUSOCRAFTS® processes the personal information and data of any natural person representing the Sellers or themselves. This data is essential for managing the Seller’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 site are protected under copyright as well as intellectual property for the duration of the protection of such rights and for the whole world. As set out in the Code of Copyright and Related Rights, only private use is permitted, without prejudice to any more restrictive provisions contained in said Code. All texts, works or images reproduced or displayed on the site are protected by copyright worldwide. It is expressly forbidden to reproduce or represent the site and/or elements that are on the site, in whole or in part, being subject to legal action against violators.
Some products are subject to personal and specific usage rights that govern copying, public broadcasting and rental. The Seller must comply with the Conditions of Sale of these products, and LUSOCRAFTS® cannot be held responsible for any use that may be made of these products in this context.
In accordance with applicable law, LUSOCRAFTS® is not liable for any infringement of Copyright and Related Rights of Products marketed on the Marketplace.
11. LIABILITY
The Seller undertakes to indemnify LUSOCRAFTS® for any loss suffered and against any liability action brought against LUSOCRAFTS®, when the damage results from the sale of products, the use made by the Seller of the Marketplace or any other fact attributable to it.
LUSOCRAFTS® liability towards the Seller may only be attributed to facts directly related to it and is, in any event, limited to the amount of orders placed during the previous month.
LUSOCRAFTS® cannot be held liable for indirect losses, namely for lost profits resulting from the sale of products in case of unavailability of the service, except in cases of serious fault or intent on the part of LUSOCRAFTS®. LUSOCRAFTS® cannot be held liable for misuse of the Marketplace by the Seller.
Pursuant to Decree-Law no 84/2021 of 18 October, LUSOCRAFTS® declines any responsibility for sales concluded between Sellers and Buyers through its Marketplace. Any complaint regarding the products (description, delivery, conditions of use, non-conformities, etc.) that is communicated to LUSOCRAFTS® will be transmitted to the Seller in question, which will assume full responsibility towards the buyer.
12. PARTIAL INVALIDITY
If one or more determinations of these Terms of Sale are held invalid by application of law or a final decision of a competent court, the remaining determinations shall remain valid and effective.
13. APPLICABLE LAW / MEDIATION / JURISDICTION
These Terms of Sale are subject to the Portuguese law.
In the event of any dispute between LUSOCRAFTS® and the Seller in the course of providing the service, including claims that cannot be resolved through the internal complaint handling procedure, either party may resort to mediation with a view to the out-of-court settlement of the dispute.
Recourse to 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 LUSOCRAFTS® or the Seller to bring 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 LUSOCRAFTS® the competent courts will be the Lisbon County.
These Terms of Sale were updated on March 18, 2024