TERMS AND CONDITIONS
Dom Cavalo guarantees that all of its customers' data is confidential, used solely and exclusively by you, and does not transfer or sell to third parties.
The present general conditions of use stipulate the terms in which the domcavalo.com service is provided, namely, defining the rules of consultation and use of the service provided.
The provision of the service is dependent on the full acceptance of the following General Conditions of Use:
1. DEFINITIONS AND INTERPRETATION:
1.1. Unless otherwise clearly stated in the context, the following terms shall have the following meanings:
SERVICE: online website that provides Users / Sellers and Visitor / Interested parties with a space, through the internet, for the placement of advertisements for sale of horses and research of horses offered for sale by the Registered User / Sellers;
SERVICE PROVIDER: Dom Cavalo, through the website domcavalo.com;
USER / SELLER: any individual or legal entity with full legal capacity for the execution of onerous contracts in accordance with Portuguese Law, which has been registered on the Service Provider's website through the online registration forms provided therein and intends the publication of advertisements for sale of horses;
VISITOR / STAKEHOLDER: Any individual or legal entity who has accessed the Service Provider's website and consult the published announcements in view of the potential purchase of the announced horses.
1.2. If any of the clauses of these general conditions shall be deemed null and void, impossible to perform or in any way invalid by any competent entity for such purpose, such nullity or invalidity shall not affect the validity of the remaining clauses, following the legal terms or compromising the parties agree in good faith a provision which replaces it and which, as far as possible, produces the same effects.
2. DESCRIPTION OF SERVICE:
2.1. The Service Provider's activity is solely to manage the online presentation of the Ads placed by the User / Seller for sale of horses, without influencing, verifying, guaranteeing or evaluating the content of the same ads.
2.2. The Service Provider does not guarantee the quality, truthfulness, accuracy, safety and / or legality of the advertisements, the ability to sell by the User / Seller and the ability to purchase by the Visitor / Interested party, nor the execution of commercial transactions.
2.3. The offer of purchase of the horse announced by the User / Seller is not binding, not obliging the purchase nor the sale.
2.4. The Service Provider does not participate in transactions between User / Seller Visitor / Interested in acquiring the horse advertised on the Service Provider's website, nor does it serve as an intermediary and / or legal representative of any of the parties involved in the transaction.
3. ACCESS CONDITIONS
3.1 The Service may only be used by an individual or legal entity, with full legal capacity for the execution of onerous contracts in accordance with Portuguese Law, and its use is prohibited to minors under 18 (eighteen) years.
3.2 The Service Provider shall not be liable for any eventuality resulting from the lack of capacity of the User / Seller of the Service, as described in 3.1.
4. REGISTRATION FOR ANNOUNCEMENT AND DATABASE CONSULTATION
4.1 The provision of the Service requires the completion of an online registration form, available on the Service Provider's website.
4.2. Each User / Seller may only match one registration, and the Service Provider may cancel any subsequent registration made by the same User / Seller.
4.3. Registration is free. The placement of advertisements is dependent on prepayment, under the terms defined in RATES, which is an integral part of these General Conditions of Use. Registration for purposes merely of consulting the sale databases of horses is free of charge.
4.4 The User / Seller may request, at any time, the cancellation of the registration on the Website of the Service Provider, but this does not give him the right to reimbursement of the amounts already paid for the use of the service.
4.5. The Service Provider may at any time cancel or delete a registration if the User / Seller does not comply with these general conditions, is in the process of insolvency, assigns its contractual position to third parties and / or acts in a way that entails damages to the Service Provider and the remaining User / Vendors and Visitor / Stakeholders of the website.
4.6. After registration, the User / Seller becomes the holder of an access code (login and password), being a personal and non-transferable registration.
4.7. The transmission of the access code to third parties is prohibited, and the User / Seller is solely responsible for the actions carried out with their registration.
5. COLLECTION, TREATMENT AND SHARING OF PERSONAL DATA
5.1. The collection of User / Seller identification data will bedone through an online registration form and its transmission is encrypted to ensure maximum security.
5.2. By registering on the Service Provider's website, you provide personal information such as name, telephone and e-mail address required to subscribe to the Service and the associated partner newsletter specified on the registration form. Service subscription includes receiving automatic notification emails from Dom Cavalo, such as comments from buyers interested in advertise horses, informational emails with statistics and metrics from ads placed by the seller and promotional newsletters, so disabling these automatic notifications implies cessation of use of the Service.
5.3. The personal data publicly provided by the Service Provider in the advertisements are provided by the User / Seller, the latter being solely responsible for their veracity.
5.4. By placing the announcements, the User / Seller can define whether to hide some of the personal data mentioned in 5.2, except for postal code and locality, to allow the general geographical location of the horse.
5.5. The data collected are entered into the computer system, where they are automatically processed and processed in accordance with the terms approved by the Portuguese National Data Protection Commission (CNPD), for the management of the Service of the Service Provider.
The Service Provider guarantees the Registered User / Seller the possibility of accessing his / her personal data through his / her personal page in order to correct and update them, in accordance with the Portuguese Law no. 67/98 of 26 October (Law on Protection of Personal Data).
5.6. The personal information collected is used by the Service Provider to:
• Enable the provision of online classifieds service in order to allow contact with any Visitor / Interested in the purchase of advertised goods
• Allow the issuance of proof of payment in case the service is dependent on prepayment, and the Service Provider is allowed to request additional data if it proves necessary.
5.7. The Provider of the Service may provide personal data of the User / Seller to the legally competent entities, in cases in which such data is requested following the practice of any illegal civil or criminal activities, namely violation of personality rights, industrial property rights and / or intellectual.
5.8. The Service Provider's website contains links to other websites, and the Service Provider is not responsible for the privacy policies and content of those websites.
6. STATISTICAL REGISTRATION FILE
6.1. The addresses I.P. of all connections made through the Service Provider's website. This information will be used primarily for statistical analysis.
6.2. The information will be analyzed in an aggregated and anonymous way. The data used for this purpose does not contain personally identifiable information or private information.
6.3. The analyzes made from the aggregated statistical information will be made to interpret the patterns of use of the website and to continuously improve the levels of service and satisfaction of the User / Seller.
6.4. The aggregate statistical information resulting from the analyzes may be disclosed to third parties publicly.
7. CONDITIONS FOR PLACING ADS AND HIGHLIGHTS
7.1. After payment, the placement of the ads have a duration of 30, 60 or 90 days. The duration of the highlights is 5 days.
7.2. At the end of the period referred to in 7.1, the User / Seller may renew the advertisement, making the prepayment under the terms defined in 4.3.
7.3. The sale of the horse before the period of placement of the advertisement defined in 7.1 does not give the User / Seller the possibility of announcing a second horse or the reimbursement of any amount paid for not using the advertisement up to the maximum duration.
7.4. The ads must comply with the following conditions:
• Placement in the correct category (the categories available to place the ads are: Horses, Colts and Ponies) and their attributes (Race, category, gender, color and others).
• Placing a real and final price on the sale of the horse: not being accepted values of monthly benefits, leases, partial yields or values without VAT (Portuguese Decree of Law No. 162/99, of 13 May).
• The ad must be for the sale of a horse only: no purchase or service / advertising notices.
• The images inserted in the advertisement must correspond to the horse whose sale is destined by the User / Seller or the express and unequivocal indication that they do not correspond to the announced horse.
• Placing images containing edits, watermarks, advertising, borders, contacts and other animals that are not the object for sale is not allowed.
• The placement of e-mails, link / URL in the title, description or photographs associated with the advertisement is not allowed.
• It is prohibited to place tags, keywords or other terms in the title, description or images of the advertisement that are not related to the advertised horse.
• Content that promotes hate and violence, racism, xenophobia or conflicts between nations is not allowed.
• Common or offensive content is not allowed.
7.5. The content of the advertisements is the sole responsibility of the respective User / Seller.
7.6. Any advertisement that does not meet the conditions required in 7.4 or that in any way prejudices the correct operation of the Service Provider website may be removed, canceled or deleted without prior notice.
7.7. The User / Seller may, at any time, edit their ads through the personal account area.
7.8. The User / Seller may at any time delete active sales advertisements without any right to reimbursement of the amount paid for the placement of the advertisement on the Service Provider's website.
7.9. For security reasons, the Service Provider may postpone the listing of advertisements (new or later edited by the User / Seller), User / Vendor contacts and annotations or images of the ads and, if they do not meet the required conditions in 7.4, ads can be disabled or deleted without notice.
7.10. By placing the advertisement on the Service Provider's website, the User / Seller assigns to the first all rights to the text and images used in the advertisement and authorizes the user to use the same for promotional or advertising purposes.
8. USER / SELLER RESPONSIBILITY
8.1. By accepting these general conditions, the User / Seller undertakes, in particular, to:
• Provide and maintain true, complete and up-to-date personal data
• Keep the access data to your registration on the Service Provider's website confidential and use the registration only if you are the holder, assuming sole responsibility for the actions performed with that registration by third parties, with or without your authorization
• Meet punctual payment obligations to access the Service Provider's Service
• Adopt only behavior that does not infringe the existing legal order or that in any way damages protected legal positions
• Do not submit sales offers that are not exclusively horses
• Do not display content that is illegal, violent, provocative, offensive, racist or likely to violate the privacy or rights of third parties
• Do not assign your contractual position to third parties
• To inform the Service Provider in a timely and diligent manner of the occurrence of any and all events that may prejudice or prevent timely and timely compliance with any of the obligations arising from these General Conditions of Use
• To inform the Service Provider in a timely and diligent manner of all the facts that may be relevant to the proper execution of these General Conditions of Use, in particular, change of seat, residence, marital status or bank domicile.
9. RESPONSIBILITY OF THE SERVICE PROVIDER
9.1. By accepting these general conditions, the Service Provider is obliged, in particular, to:
• To process data in a lawful and fair manner, collecting only the information necessary and relevant to the purpose for which it is intended
• Allowing the User / Seller (data subject) to access and correct the information provided
• Do not use collected data for purposes incompatible with collection
• Guarantee free of charge the right to delete the data used when requested by the Used / Vendor
• Have security mechanisms that prevent the consultation, modification, destruction or addition of data by a person not authorized to do so, except as provided in 5.8 and 8.1 II.
9.2. The Service Provider shall not be liable for any technical fault, which is not directly attributable to you, in particular, from a computer order, which makes your website temporarily unavailable to the User / Seller and / or Guest / Interested party, which does not confer any right compensation.
10. MISCELLANEOUS PROVISIONS
10.1. Failure to exercise, or partial or late exercise, of any right that assists the Provider of the Service under these General Conditions of Use or any applicable provision, does not waive that right, does not prevent its subsequent exercise and not constitutes default or novation of debt.
10.1. Table I, attached to these General Conditions of Use, forms an integral part thereof for all legal and contractual purposes.
10.2. Without prejudice to the following number and unless stated otherwise, these General Conditions of Use may be changed with immediate effect, without there being any written opposition by the User / Seller.
10.3. The User / Seller expressly authorizes the Service Provider to assign its contractual position and / or credit to it, which will take effect from the date of receipt by the User / Seller of the written communication of the respective assignment.
10.4. The provision of the Dom Cavalo service is dependent on the full acceptance of these Conditions, so if you do not agree with them, you will not be able to use our service.
10.5. The User / Seller, upon initial registration, accepts and agrees to subscribe to the Newsletter issued monthly by the Service Provider.
11.1. Unless otherwise specified, all communications between the parties in relation to these general conditions of use shall be made in writing in the case of User / Seller for the address / address or electronic address on the registration form in the case of the Service Provider to the address / address or e-mail address posted on the Service Provider's website.
11.2. Written communications shall be deemed to have been made on the date of receipt of the letter or electronic mail, or if it is outside normal business hours, on the first business day immediately following.
11.3. For the purposes of citation in the context of judicial action for the fulfillment of pecuniary obligations arising from contract, the parties agree the addresses indicated in 11.1.
The User / Seller is responsible for all judicial and extrajudicial expenses incurred by the Service Provider to guarantee the collection of its credits and / or due to the breach by the User / Seller of the obligations arising from these General Conditions of Use, namely attorneys' fees and solicitors.
13. APPLICABLE LAW AND JURISDICTION
These General Conditions of Use are subject to the Portuguese Law and for all matters arising therefrom, the parties elect the jurisdiction of the District of Lisbon.
14. INFORMATION TO THE CONSUMER
What is alternative dispute resolution?
The alternative dispute resolution is the possibility that all consumers have at their disposal and official entities to assist them in resolving or guiding some conflict before opening litigious proceedings in the Courts.
As a general rule, the procedure is as follows: the customer asks an impartial third party to act as an intermediary between himself and the trader who is the subject of his complaint. The intermediary can suggest a solution to your complaint, impose a solution on both parties, or bring the parties together to find a solution.
Therefore, if you are dissatisfied with the purchase of a service on our website, or with the solution presented by us to resolve the situation, you can contact one of the authorized entities to carry out the mediation and to present your dispute.
Centro de Informação de Consumo e Arbitragem Porto – CICAP
Address: Rua Damião de Góis, 31, Loja 6, 4050-225, Porto
Phone.:+351 22 550 83 49 / +351 22 502 97 91
Fax:+351 22 502 61 09
Centro de Arbitragem de Conflitos de Consumo do Vale do Ave / Tribunal Arbitral – CACCVA
Address: Rua Capitão Alfredo Guimarães, 1, 4800-019 Guimarães
Phone.:+351 253 422 410
Fax:+351 253 422 411
Sítio electrónico: http://www.triave.pt/
Centro Nacional de Informação e Arbitragem de Conflitos de Consumo - CNIACC
Address: Faculdade de Direito da Universidade Nova de Lisboa, Campus de Campolide,
Phone.: 21 384 74 84
For more information, consult the Consumer Portal - www.consumidor.pt - or access the online dispute resolution platform – https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
If you are a consumer resident in another Member State, you can also make your complaint through the European Consumer Center, accessing the electronic site - http://cec.consumidor.pt/