Terms of Service
GENERAL CONTRACT TERMS AND CONDITIONS GOVERNING PURCHASES AND SALES IN THE CULTURA SANTA CASA ONLINE STORE
Preamble
Bearing in mind the statutory commitment of Santa Casa da Misericórdia de Lisboa (hereinafter referred to as SCML) with regard, in particular, to initiatives aimed at promoting its historical and artistic heritage, SCML intends to bring the published works and objects on sale at the São Roque Museum and the Casa Ásia-Coleção Francisco Capelo Museum, and now also at its Santa Casa Culture Online Store, to a wider audience.
These general terms and conditions are therefore agreed between Santa Casa da Misericórdia de Lisboa, a legal entity under private law and of public administrative utility, with tax number 500 745 471, headquartered at Largo Trindade Coelho, 1200-470 Lisbon, contactable by telephone on +351 213 235 000, and the User-Consumer who visits the Santa Casa Online Culture Store website and makes their purchases remotely.
These conditions apply exclusively to individuals acting for purposes that do not fall within the scope of their commercial, industrial, craft, or professional activity under the terms of the legal regime governing distance contracts.
The parties agree that purchases made through this site are governed exclusively by this contract. a of purchases made at the Santa Casa Culture Online Store.
Article 1.
Purpose
• The purpose of these general terms and conditions is to provide and define all the information necessary for the User regarding the methods of ordering, selling, paying for, and delivering purchases made in the Cultura Santa Casa Online Store.
• These general terms and conditions regulate all the steps necessary to place an order and guarantee the follow-up of this order between the contracting parties.
• These general terms and conditions do not apply if, due to the type of order, the User is not an end consumer as defined in Article 3(c) of Decree-Law No. 24/2014 of February 14.
Article 2.
Order
• The User-Consumer can place their order through the purchase process designated on the above-mentioned website as “complete order,” after using the online device, selecting “buy,” namely:
1. From the online catalog presented on the Cultura Santa Casa Online Store website;
2. From partner websites with which SCML may have or may come to have this type of partnership.
• To place their order, the User-Consumer must:
1. Register on the Santa Casa Online Store website, providing the information requested there, in accordance with the provisions of Article 12 of these general terms and conditions;
2. Log in (using the email address and password chosen by the User during registration);
3. Complete the information and choose the options available to you throughout the “order completion and confirmation” process (delivery and billing address; shipping method; payment method, as well as the tax identification number and name that you want to appear on the invoice for tax purposes) and read the contractual terms and general clauses on the website, available in a downloadable PDF file.
• The shipment of the order to the User-Consumer is equivalent to their full and complete acceptance of the prices and description of the products available for sale, as well as the general contractual terms and clauses that are the only ones applicable to the contract thus concluded, so the PDF file, mentioned in paragraph c) of the previous number, should be kept in a safe place on the hard drive of the User-Consumer's device.
• SCML fulfills orders received online only up to the limit of available stock. If the product is unavailable, SCML undertakes to inform the User as soon as possible, but never beyond a maximum period of 30 (thirty) days.
• The data contained in the invoice is the sole responsibility of the User. Once issued, the invoice cannot be reissued with changes.
• Orders are valid for 15 (fifteen) days, unless the order is registered under a promotional campaign that defines a different deadline, in which case prices, discounts, promotions, and offers cannot be guaranteed beyond this deadline.
• If payment for the order is not received by our services within the aforementioned period (15 days), the order cannot be validated, and any amount received after this period may be refunded by bank transfer or used for a new order, at the discretion of the User-Consumer.
Article 3.
Delivery
• SCML offers several delivery methods for your order. Upon completion of the order, the shipping cost details are displayed, and the User-Consumer can select the delivery method.
• Shipping costs vary according to the delivery location and include postal registration.
• To find out the shipping cost of an order, the User must add the products they wish to purchase to the shopping cart and click on the shopping cart symbol (in the top bar on the right) and click on “complete order,” confirming the shipping costs on the “shipping cost details” page.
• No deliveries are made to PO boxes.
• On each product page, where the availability of the product is indicated, SCML undertakes to deliver the items ordered within a maximum period of 30 (thirty) days.
• SCML will always strive to meet the estimated delivery times but, if it anticipates difficulties in meeting the delivery times, it will inform the User and offer them the option to terminate the contract. If the User does not exercise this right, it is assumed that they remain interested in the order and consent to delivery beyond the aforementioned deadline.
• To track an order in progress, the Consumer should go to the online customer area, where they can check the status of the order.
Article 4.
Payment and order confirmation
• SCML offers the User-Consumer the following payment methods:
1. MB WAY;
2. ATM;
3. Bank transfer.
• The User-Consumer pays a total amount corresponding to the retail price and shipping costs, minus any discount that may be in effect and advertised on the website.
• SCML complies with domestic law, adopting the measures provided for in order to ensure maximum confidentiality and security of data transmitted over the internet.
• In order for your order to be accepted and validated, payment must be made in accordance with the terms and conditions set out in Article 2(6) of these general terms and conditions.
• After confirmation of receipt of payment, and within a maximum period of 72 (seventy-two) hours, an email message will be sent confirming the validation of the order. The message will be sent to the email address provided by the User-Consumer when registering on the website.
Article 5.
Prices
• Prices are in Euros, including taxes and fees, taking into account the VAT in effect on the date of payment of the order.
• If there is a change in the price lists of products for sale on this website (https://lojadacultura.scml.pt/) belonging to other suppliers, this will require an update of the advertised prices. If this situation occurs with any product in an order, and if it implies a price increase, the User-Consumer will be informed and may choose to receive their order (paying the difference) or cancel it.
• The prices shown during the order completion process always correspond to the most up-to-date prices in force, however, they should only be considered valid while they are visible on the website, on a refreshed page (cache or non-refreshed pages may show prices that are no longer in force). The price displayed is only guaranteed under these conditions and only after the order has been duly registered and paid for in accordance with the payment conditions set out in these general terms and conditions (Article 2(6)).
Article 6.
Promotions and discounts
• The Cultura Santa Casa Online Store (https://lojadacultura.scml.pt/) may offer various promotional prices in the form of discounts on the retail price, which can be seen on the product pages.
• Promotions and discounts are valid for a specific period indicated on the “On Sale” page.
• Promotional discounts are guaranteed during the advertised period, provided that the order is finalized by the User-Consumer, by completing the order and paying for it, by the end of that period.
• Unless otherwise stated, in the case of deferred payments, such as ATM payments, SCML guarantees these discounts if it receives the respective payment within a maximum of 8 (eight) days from the date of completion of the order.
• Saving a product in the “shopping cart” does not guarantee its price or discount.
• Unless otherwise stated, discount coupons or offer codes are not applicable to items on sale.
• The 20% discount for employees of Santa Casa da Misericórdia de Lisboa is obtained by registering with the institutional email @santacasa.pt or @jogossantacasa.pt. This discount excludes publications less than 24 months old (fixed price law).
Article 7.
Right of free termination
• Regarding the right and exercise of free termination, it is necessary to inform the provisions of the combined terms of paragraph j) of Article 4(1) and Articles 10 and 11, both of Decree-Law No. 24/2014 of February 14, namely:
1. The consumer has the right to freely terminate the contract entered into at the Cultura Santa Casa Online Store within 14 (fourteen) days, without having to give any reason;
2. The period for exercising the right of free termination expires 14 (fourteen) days from the day following the day on which you or a third party designated by you, other than the carrier, acquires physical possession of the goods—or of the last of the goods in the case of an order for several goods that are delivered separately;
3. In order to exercise your right of free termination, you must notify SCML (postal address: Museu de São Roque, Largo Trindade Coelho, 1200-470 Lisbon, Portugal; or by email: lojadacultura@scml.pt) of your decision to terminate this contract by means of an unequivocal statement (e.g., letter sent by post or email);
4. If the termination is made electronically, SCML will acknowledge its receipt within 48 (forty-eight) hours to the User-Consumer, on a durable medium;
5. You may use the model withdrawal form attached as Annex A to these general terms and conditions, which will also be attached to the invoice, but this is not mandatory, as an unequivocal statement of your decision is sufficient.
6. In order for the free termination period to be respected, it is sufficient that your communication regarding the exercise of the right of free termination be sent before the end of the termination period.
• Regarding the effects of free termination and the obligations of the supplier of the goods and the consumer arising from free termination, it is necessary to inform you of the provisions of Article 4(1)(j) and Articles 12 to 17, both of Decree-Law No. 24/2014 of February 14, namely:
1. In the event of termination of this contract, payments made, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by SCML), shall be refunded without undue delay and, in any case, no later than 14 (fourteen) days from the date on which we are informed of your decision to terminate this contract. However, return costs are not covered here, see the following clause.
2. SCML shall make such refunds by bank transfer if the means of payment used does not allow it, unless expressly agreed otherwise by the User-Consumer; in any case, no costs shall be incurred as a result of such refund;
3. SCML may withhold the refund until it has received the returned goods, or until proof of shipment of the goods has been provided, whichever occurs first;
4. The User-Consumer must return the goods or deliver them to SCML without undue delay and no later than 14 (fourteen) days from the day on which they inform us of the free termination of the contract, considering that the deadline is met if they return the goods before the end of the 14 (fourteen) day period;
5. The User-Consumer must bear the direct costs of returning the goods;
6. SCML does not accept any returns sent with postage due or cash on delivery;
7. The User-Consumer is only responsible for the depreciation of the goods resulting from handling that exceeds what is necessary to verify the nature, characteristics, and functioning of the goods;
8. Items sent free of charge, in the form of gifts or bonuses, are not refunded by SCML;
9. Due to the digital nature of e-books, downloading them will be considered a breach of inviolability, and it will not be possible to return them under the terms of paragraph l) of Article 17 of Decree-Law No. 24/2014 of February 14;
Article 8.
Exchanges and returns
• The return process must be carried out in accordance with the form provided in the order confirmation email link, and the reason for the return or exchange must be justified.
• Returned or exchanged products must be in saleable condition, i.e., in the same condition in which they arrived in the hands of the User-Consumer.
• If the value resulting from the exchange of products in an order is higher than the initial value of the order, the User will have to pay the difference, using one of the payment methods available in Article 4(1).
• If the value resulting from the exchange of products in an order is less than the initial value of the order, or in the case of a return, the User will be refunded the excess amount paid by bank transfer to an account to be specified.
Article 9.
Consumer goods warranty
• For products purchased by the User-Consumer, under the scope of these general contractual terms and conditions, and considered consumer goods, the rules established by Decree-Law No. 67/2003 of April 8 (Consumer Goods Warranty Regime), as amended by Decree-Law No. 84/2008 of May 21, shall apply, with the necessary adaptations.
Article 10
Complaints
• The User-Consumer may submit their complaints in writing to SCML located at Largo Trindade, 1200-470 Lisbon or electronically to the email address: lojadacultura@scml.pt.
• In mediation for the resolution of any complaint, the User-Consumer may also resort to the National Center for Information and Arbitration of Consumer Conflicts, headquartered at the Faculty of Law of the New University of Lisbon, Campus de Campolide, 1099-032 Lisbon, telephone number 213847484 (weekdays from 3pm to 4pm), and further information at the Consumer Portal: www.consumidor.pt.
Article 12.
Processing of personal data
PRIVACY POLICY
• The protection of individuals with regard to the processing of personal data is a fundamental right of the User-Consumer, and therefore its processing is ensured by SCML in compliance with the legislation on the protection of personal data, having, for this purpose, a Policy on the Collection, Processing, and Protection of Personal Data, duly published on its website;
• The provision of personal data is optional and, in accordance with the law, the right of access, rectification, and cancellation of any data that directly concerns you is guaranteed, available in the Login option;
• Although the SCML website has a secure area where information is encrypted, SCML is not responsible for any malicious or illegal acts that may occur on other personal data circulating on an open network;
• SCML is not responsible for the communication of access passwords, confidential codes, and any sensitive information that may eventually be misused.
• This Personal Data Protection Policy applies to all personal information electronically collected and stored by SCML through the various forms on this website and its restricted areas.
LAWFULNESS OF DATA PROCESSING
• SCML will collect, store, and process user-consumer data to comply with legal obligations, to fulfill contracts, and because the user-consumer gives their express consent, in accordance with the legal provisions applicable to data processing, namely Articles 6 and 7 of Regulation (EU) 2016/676 of the European Parliament and of the Council of April 27.
• Data provided voluntarily by the user-consumer of this portal, and whose processing is unequivocally authorized by the user-consumer, is treated confidentially by SCML, through employees or representatives duly authorized for this purpose.
DATA CONTROLLER
• SCML shall be the data controller for the user-consumer's data, which is processed using internal resources. However, SCML is expressly authorized to carry out this processing externally, if it so wishes.
PURPOSES OF DATA PROCESSING
• SCML will process data for the following purposes:
1. Accounting, tax, and administrative management, including administrative management, billing management, customer management, collection and payment management, and commercial relationship history.
2. Personal data subject to computer processing will be included in SCML's database(s) and will be used for registration, random statistical operations, and the presentation of other products and services, as well as institutional information, to be made available by them;
Cookies:
• The User-Consumer authorizes SCML to automatically process the personal data provided in the purchase order, in particular through the use of cookies;
• Cookies are files that are stored on your computer and improve your experience when using SCML. Cookies cannot contain viruses and are non-executable files, so they do not pose any security risk;
• SCML uses cookies, for example, to store items in your shopping cart, your login details, or to make personalized purchase suggestions, allowing for faster and more efficient browsing and eliminating the need to repeatedly enter the same information;
• The use of cookies can be blocked or limited through your browser settings (Internet Explorer, Mozilla Firefox, Google Chrome, Safari, or others), however, you will lose the ability to use all of SCML's features.
• The data provided to SCML will also be used to clarify any questions or provide the information requested by the User or to evaluate the suggestion submitted by the User.
• The data provided will be used to contact the User for any clarifications they deem necessary.
• The data provided will also be used for communication/promotional/direct marketing purposes through any communication channel, if the user so authorizes.
• SCML is authorized by the user-consumer to use the data provided during the registration process on this portal for communication, promotional, and marketing purposes, by sending information about products and services that may be of interest to the user, through various communication channels, namely: email, SMS, MMS, or other forms of automatic calling.
• As a recipient of communications in the context of direct marketing activities, namely email marketing, the user may disable the sending of these promotional communications through the “disable/unsubscribe” option available in each of the communications sent.
PERSONAL DATA CONTAINED IN THE REGISTRATION
• This includes name, address, telephone numbers, email addresses, and taxpayer number.
COMMUNICATION OF DATA TO THIRD PARTIES
• SCML will communicate or transfer, in part or in full, the personal data of the user-consumer to public and/or private entities whenever this is required by law and/or necessary for the fulfillment of a contract established between SCML and the user-consumer, being expressly authorized to do so by the user-consumer.
• The data may be provided to judicial or administrative authorities, provided that this is in compliance with a legal obligation incumbent on SCML.
• SCML will not sell its user database to third parties.
DATA RETENTION PERIOD
• SCML will retain user-consumer data for the periods necessary to comply with legal obligations, namely the period of 12 (twelve) years to comply with the legal obligation to archive all accounting documentation, where applicable.
• Data obtained through the use of cookies will be stored for a period of one (1) year from the date of registration of the user profile, and the user is responsible for updating this information.
RIGHTS OF THE DATA SUBJECT
• The user-consumer may request SCML, and SCML, unless legally prevented, will safeguard the user-consumer's rights to access personal data concerning them, as well as its rectification or erasure, the restriction of processing, the right to object to processing, as well as the right to data portability, and the right to withdraw consent at any time, without compromising the lawfulness of the processing carried out on the basis of compliance with legal obligations or on the basis of previously given consent.
DATA PROCESSING SECURITY
• SCML, taking into account the most advanced techniques, implementation costs, and the nature, scope, context, and purposes of the processing, as well as the risks of varying likelihood and severity to the rights and freedoms of natural persons, applies appropriate technical and organizational measures to ensure a level of security appropriate to the risk, consistent with national and international practices, to protect your personal information. These measures include administrative, technical, physical, and organizational measures to protect personal data from misuse, unauthorized access, or disclosure, loss, alteration, or destruction.
• The adoption of these technical and organizational security measures aims to:
• Prevent any unauthorized person from accessing computer systems that process personal data and, in particular, from:
• unauthorized reading, copying, alteration, or removal of storage media;
• unauthorized data entry, as well as any unauthorized disclosure, alteration, or deletion of stored personal data;
• unauthorized use of data processing systems through data transmission facilities;
• Ensuring that authorized users of a computer system can only access the personal data to which their access rights refer;
• Recording which personal data has been communicated, when, and to whom;
• Ensure that personal data processed on behalf of third parties can only be processed in the manner specified by the contracting authority;
• Ensure that, during the communication of personal data and transport of storage media, the data cannot be read, copied, or deleted without authorization;
• Design its organizational structure in such a way that it meets data protection requirements.
PERSONAL DATA BREACH
• In the event of a personal data breach, SCML shall notify the National Data Protection Commission in accordance with the terms and conditions provided for by law. If such a breach is likely to result in a high risk to the rights and freedoms of the data subject, SCML shall inform the data subject of this fact, in accordance with the terms and conditions provided for by law.
CONSENT
• In the forms in which the user is providing data of which they are the sole and exclusive owner, the user gives their express authorization for the use of the data when they select the respective check box.
• The user authorizes the processing of such data and accepts access to it by SCML employees who carry out any of the activities necessary for the provision and promotion of the service.
• The User is free to provide or not provide the requested information and to authorize or not authorize its processing when submitting a duly completed form.
• The User accepts that by not providing all the requested information, some current and/or future features of the portal may not function correctly, and subsequent submission, computer processing, consultation, or contact may not be effective.
Article 13
Intellectual property
• All content on the Santa Casa Culture Online Store is the intellectual property of SCML and may not be copied or reproduced, except to the extent strictly necessary to enable its online reading.
• All texts, images, illustrations, photographs, trademarks, and other elements of the SCML website are protected by law.
• Users who have a website and wish to place a link for their personal use that directs to the Santa Casa Culture Online Store must request authorization from SCML. In the latter case, this does not constitute an implicit affiliation agreement.
• Any and all links redirecting to the Cultura Santa Casa Online Store website and using framing or in-line linking techniques are strictly prohibited.
Article 14
Proof
• The Parties agree that computerized records stored in SCML's computer systems under reasonable security conditions constitute proof of communications, orders, and payments made between the parties.
Article 15
Storage and archiving of transactions
• Orders and invoices are archived on a reliable and durable medium to ensure that they are accurately and permanently stored.
Article 16
Applicable law and jurisdiction
• The law applicable to any contractual relationship established through the SCML website is Portuguese law.
• To settle any and all disputes arising from any contract entered into under these general terms and conditions of sale, the Court of Lisbon shall have territorial jurisdiction, with express waiver of any other.
Annex A – Model withdrawal form
(you only need to complete and return this form if you wish to withdraw from the contract)
To Museu de São Roque, Largo Trindade Coelho, 1200-470 Lisbon, Portugal, (email: lojadacultura@scml.pt)
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/for the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate