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General Conditions of Sale

GENERAL CONDITIONS OF SALE

www.whartibus.com – Whartibus, Unipessoal Lda

21/June/2021

Whartibus marketplace platform (www.whartibus.com) is operated by the company Whartibus, Unipessoal Lda (hereinafter “Whartibus”) with capital of 5.000,00 euros, with registered office at Rua da Carvalha, 570, Parceiros, 2400-441 Leiria, Portugal registered in the Conservatória Registo Comercial under number 516395378 and Intracommunity VAT number PT516395378.

Whartibus marketplace platform allows the connection of sellers and buyers of products. The Sellers and the Buyers are hereinafter jointly referred to as Users. Whartibus platform allows the conclusion of contracts for the sale of Products. Users are the sole decision-makers of the realization of the purchase and sale of the Products.

The acceptance of these General Conditions of Sale by Users constitutes a mandate given to Whartibus to connect Sellers and Buyers and to operate Transactions carried out on Whartibus platform according to the terms below.

A. Buying and selling

Unless stated differently, all products displayed on Whartibus are sold by third party independent Sellers. Whartibus is neither the buyer nor the seller of the products. Whartibus is the platform provider and commercial agent of the Seller, enabling Sellers and Buyers to complete transactions.

1) The Products are presented on the Website with a description that allows the Buyer to know their main characteristics and their price;

2) The Products, due to the manual nature of the production, may have slight variations in colour, design, shape, to the presented photos and described sizes. Also the colours are influenced by the photo conditions and the characteristics of the screen of the equipments used to access the Marketplace.

3) The Buyer selects the Product(s) adding them to the Cart;

4) The Buyer confirms the purchase of Product(s) and acknowledges and accepts these GCS by one click of validation;

5) Buyer receives an email message confirming acceptance of the order. However, the purchase and sale agreement between Buyer and Seller is subject to the final condition of availability of the Product.

6) The Seller is informed by Whartibus that one or more Products placed online have been ordered;

7) The Seller undertakes to confirm and/or inform the availability of the Product(s) ordered by the Buyer within a maximum period of 72 hours (except Saturdays, Sundays and national holidays) after receiving the information provided as in paragraph 6) above.

8) If the same Product is object of an order by several Buyers at the same time, and depending on the availability of the Product, it will be sold to the first Buyer to register and pay for the order. The order submitted by the remaining Buyers will be canceled;

9) Once the order has been validated or confirmed by the Seller, a communication is sent to the Buyer (e-mail, SMS or other) to inform him of the sending or cancellation of the order;

10) In case of total or partial confirmation of the order by the Seller, the resolutive condition that integrates the purchase and sale contract between the Buyer and the Seller does not apply, thus assuming the Seller the definitive commitment to send the order within the deadline foreseen. At that time, the value of the order not fulfilled and already paid by Buyer will be refunded.

11) In the absence of confirmation of the availability of the Product(s) within the period mentioned in point 7) above, the contract between the Buyer and the Seller is automatically terminated and each Party is relieved of its obligations. However, only the contract part related to the sale of the Product(s) not available is covered by this resolution. At that time, the value of the order not fulfilled and already paid by Buyer will be refunded.

12) In case of confirmation of availability of all or part of the Products ordered by the Buyer, said Products are shipped by the Seller.

13) Buyer must confirm:

(i) Reception of the product(s),

(ii) Conformity of delivery package. If the package is damaged claim immediately on the delivery moment, near the shipping company;

(iii) Conformity of the same(s) (product conformity is understood to correspond to what was ordered);

(iv) In the absence of confirmation, the Product is presumed to be received in conformity and in good condition within 14 (fourteen) days from the date of delivery. This Clause does not affect the provisions contained in Decree-Law no. 67/2003, of 08.04, with the amendments introduced by Decree-Law no. 84/2008, of 21.05 (related with the European Union directives on certain aspects of the sale of consumer goods and related guarantees).


B. Promotional vouchers and their redemption

1) Promotional vouchers are vouchers that cannot be purchased, but are given out during advertising campaigns and are valid for a certain period of time.

2) Promotional vouchers can be redeemed once only in connection with an order, and only within the specified period. Certain Vouchers may be applied only to a certain category of Products. Please note that a minimum order value may apply to the use of promotional vouchers.

3) The value of the merchandise must equal or exceed the value of the promotional voucher. If the voucher does not cover the value of the merchandise, the difference can be paid using any of the accepted payment methods. The value of promotional vouchers will not be paid out in cash, nor will it accrue interest. Promotional vouchers will not be refunded if all or some of the merchandise is returned.

4) Promotional vouchers can only be redeemed before the ordering process is complete. It is not possible to apply vouchers retroactively. Some promotional vouchers are User related and cannot be transferred to third parties. Unless we have agreed otherwise, it is not possible to combine multiple promotional vouchers.

5) If Buyer used a promotional voucher when making the purchase and, as a result of revocation, the total value of the order is less than or equal to the value of the promotional voucher, Whartibus reserve the right to charge Buyer the original price for the Products retained.

C. Price and Payment

1) The purchase price of the Product is determined by the Seller. The price is indicated in euros with all taxes and fees included in the description form, but excluding delivery charges, that are added before the order is validated by Buyer.

2) Whartibus receives the payments on behalf of the Seller.

3) Payment for purchases ordered through the Marketplace is made to the online payment platform contracted for this purpose by Whartibus. From the online payment platform, funds will be distributed to the respective Seller and to Whartibus under the agreed conditions. This distribution will not occur before the Right of Free Resolution period (14 days after delivery) mentioned below. This is made to assure a quicker and smooth response in the refund process, in case Buyer activate this right.

D. Shipping

1) The Seller is solely responsible for the proper performance of the obligation to deliver the Product ordered to the Buyer.

2) The Seller undertakes to ship the Product suitably packaged and protected to the address indicated by the Buyer on the Purchase Order form. Seller must use a shipping service with track register (confirmation of delivery). The Product shipping in made at the risk and expense of the Seller.

E. Right of free resolution

1) Under current legislation, the Buyer has a period of 14 (fourteen) days from the receipt of the Product(s) ordered to exercise, with the said Seller, its right of free withdrawal without payment of indemnity and without 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. Product return expenses will be supported by the Buyer.

3) The Product(s) must be returned in original and complete condition (packaging, accessories, instruction manual, etc.) packed in the same way as in the shipment, within 30 (thirty) days of receipt. Buyer must confirm the exact Seller address before shipping.

4) Under the applicable legal terms, the right of free termination cannot be exercised:

-to Products made to Buyer’s specifications or clearly personalized;

-to Products likely to deteriorate or expire quickly;

-to Products which have been unsealed by the Purchaser after delivery and which cannot be returned for reasons of hygiene or health protection;

-to Products which, after having been delivered, and by their nature, are inseparably mixed with other Products;

5) The Buyer exercises its right of free resolution by sending an e-mail to customer.service@whartibus.com identifying the order and the Products.

6) The refund of returned products is made by Whartibus to the Buyer, from the payment platform, to the same payment method used by Buyer. It will be made as soon as possible and within a period of 10 (ten) days from the date that Products are received by Seller.

7) In cases where the Buyer exercises its right of free termination of the purchase and sale agreement, no sales commission shall be owed by the Seller to Whartibus.

F. Seller’s Obligations

1) The Seller undertakes to comply with the legislation to which it is subject in its capacity as a professional in relation to the Products it sells on the Marketplace platform, including legislation relating to the warranty of consumer goods.

2) The Seller undertakes to make every effort to best fulfil its obligations by providing a quality service to Buyers. In particular, the Seller undertakes to respond to e-mail messages from Whartibus’s Customer Service as well as e-mail messages from Buyers within a maximum period of 2 working days after receiving them.

3) The Seller undertakes that all possible contacts it may have with Buyers will be made through the Whartibus Customer Service, being prohibited from using any personal data of the Buyer obtained through Marketplace platform, except for the order treatment and delivery (according Whartibus Privacy Policy). This clause is not appliable if the Buyer contacts directly the Supplier and gives the needed authorization for the direct contact.

4) The Seller undertakes and warrants that it will only sell Products which it owns or over which it has rights that allow it to sell them. The Seller warrants that the Products do not violate either the legislation in force or the applicable regulations, mandatory or not and that they do not affect the rights of third parties, including intellectual property, industrial and/or copyright. Accordingly, the Seller undertakes in particular not to sell any Product that constitutes a counterfeit work under the Code of Copyright and Related Rights or any Product whose marketing is regulated by legislative, regulatory or contractual provisions (namely by virtue of its existence of a selective distribution network).

5) Regarding the description associated with the Product offers sent to Whartibus for the purposes of inclusion in the Marketplace platform, the Seller undertakes to act in good faith. The Seller is solely responsible for the accuracy of the information provided to Whartibus 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 its price. The Seller communicates to Whartibus all information that allows Buyers to become aware of the essential characteristics of the Product (if applicable, composition of the Product, included accessories, origin, etc.), including special mentions defined by law (eg, alcoholic beverages , toys, etc.).

6) Even in cases where the information about the product is already on the website, the Seller has the obligation to verify the accuracy of that information and to request its correction in case of non-compliance or inaccuracy; the Seller will be responsible for any extra cost, namely with regard to transport services, arising from the inaccuracy of the information on the Website relating to the offer submitted.

7) The Seller undertakes that the illustrations provided in the description associated with the Product offers proposed by it (photographs, drawings, etc.) are in accordance with the Products illustrated in this way and respect the rights of third parties. The Seller warrants that it has the rights, including intellectual property rights relating to these illustrations, which allow it to use them to present the Products.

8) The purchase and sale contracts for the Products proposed by the Seller on the Website are entered into between the Seller and the Buyer on condition that the Product is made available. The Seller undertakes to offer only available Products on the Website and to immediately eliminate any proposal relating to Products that are discontinued.

9) The Products sold on the Website are covered by a guarantee of compliance, guaranteed by the Seller, under the terms of the legislation applicable to the category of goods in which they fall.

10) The expenses arising from the return of any Product under the above warranty will always be fully supported by the Seller, including in cases where the Seller, within the scope of internal policies, offers additional warranties not contemplated in this Agreement.

G. Buyer‘s Obligations

1) Whartibus may require, exceptionally and in order to fight against possible fraud, to validate the identity of the Buyer. In the event of late communication or failure to properly communicate the information required by Whartibus as part of the validation of the identity, Whartibus may delay or cancel the execution of the transaction operated by the Buyer. This data will only be used by Whartibus.

2) If one or more Products ordered from one or more Sellers are not available, the Buyer accept the offer of the other available Product(s).

3) The evaluation of the sale by the Buyer after receipt of the Product must be carried out in accordance with the form made available on Whartibus platform. The Buyer’s evaluation must be objective and honest, and must not include any element comparable to insult or defamation. Whartibus reserves the right to remove any review that does not respect these rules. Whartibus can not be held responsible for the offensive, defamatory and more generally contrary to morality and the laws in force of comments posted by a User.

H. Competence to settle consumer disputes

1) In the event of a consumer dispute, defined in accordance with the provisions of Portuguese Law No. 144/2015, of 8 September, the consumer may resort to the competent alternative dispute resolution entity for consumer disputes.

2) Without prejudice to the legislation, statutes and regulations to which the consumer alternative dispute resolution entities are bound, the consumer may opt for the European online dispute resolution platform available at https://webgate.ec.europa.eu/odr, by the alternative consumer dispute resolution entity available at

https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint_en .

I. General Provisions

1) The text in Whartibus platform can be automatically translated to other languages. In case of doubt or dispute the original English version prevails.

2) Unless it is at fault, Whartibus cannot be held responsible for any damage suffered by a User, in particular: operating or information losses. Whartibus cannot be held responsible for any malfunction, breakdown, delay or interruption of access to the Internet network or the marketplace platform. Occasionally, Whartibus may interrupt the service for operational, maintenance or emergency reasons.

3) Whartibus has the right to modify these General Conditions of Sale at any moment. Any modification will take effect immediately for online offers as soon as they are published in the website. They will not apply for transactions in progress at the time of their entry into force.

4) In the event of non-performance of one of its contractual obligations, the party liable for this obligation will not be considered as defaulting or liable for compensation, if the performance of the obligation has been made impossible by a case of force majeure.

5) The invalidity of one or more clauses of these General Conditions of Sale will not make invalid all other clauses of said General Conditions of Sale.

6) This contract is subject to Portuguese law. Any dispute with a User acting in a professional capacity and arising on the occasion of its interpretation and / or its execution falls under the jurisdiction of the Lisbon Commercial Court.