This site is operated by Shopping Builders. Throughout the site, the terms “we”, “us”, “us” and “our” refer to Shopping Builders – Ecommerce Solutions, Ltd. Shopping Builders makes this site available to you, including all information, tools, and services on this site. You are subject to your acceptance of all the terms, conditions, policies, and notices set forth herein.
By visiting our site and/or filling out any form, you are committing to our “Service” and agree to be bound by the following terms and conditions (“Terms of service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of service apply to all users of the site, including but not limited to users who are researchers, suppliers, customers, merchants and/or content contributors.
By using or accessing any part of the site, you agree to be bound by these terms of service. If you do not agree to all of the terms and conditions of this agreement, you may not access the site or use any services on the site. Please read these terms of service carefully before accessing or using our site. If these terms of service are considered an offer, acceptance is expressly limited to the same.
Any new features or tools added to the current site will also be subject to these terms of service. We reserve the right to update, alter or replace any part of these terms of service by posting updates and/or modifications to our site. It is your responsibility to check this page periodically for any changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes. You can check the most current version of the terms of service on this page at any time.
Clause 1 – Terms of Service
By agreeing to these terms of service, you represent that you are of legal age in your state or province of residence, or that you are of legal age in your state or province of residence, and that you have given us consent for any minors in your household to use this site.
You must not transmit any worms or viruses, or any code of a destructive nature. You must not use our services for any illegal or unauthorized purpose, nor must you, when using the service, violate any laws in your jurisdiction (including, without limitation, copyright laws).
A breach or violation of any of the terms will result in immediate termination of your services.
Clause 2 – General Conditions
We reserve the right to refuse to provide services to anyone, for any reason and at any time.
You understand that your content (with the exception of credit card information) may be transferred unencrypted and involved in (a) transmissions over various networks; and (b) be subject to change to conform and adapt to technical requirements of interconnected networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, use of the service or access to the service, or any contact on the site through which the service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and do not limit or affect these terms.
Clause 3 – Products or Services
We reserve the right, but are not obligated, to limit our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services we offer. All product descriptions or prices are subject to change at any time without notice at our sole discretion.
Section 4 – Changes to Service and Prices
We reserve the right to change or discontinue the service (or any part or content thereof) at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the service.
Clause 5 – Accuracy, completeness, and timeliness of information
We are not responsible if the information provided on this site is not accurate, complete, or current. The information presented on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete, and current primary information sources. Any reliance on the information presented on this site is at your own risk.
This site may contain some historical information. The historical information is necessarily not current and is provided for your reference only. We reserve the right to change the contents of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Clause 6 – Optional tools
We may grant you access to third party tools that we do not monitor and over which we have no control or involvement.
You acknowledge and agree that we grant you access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without our endorsement. We shall not be liable for any problems arising out of or in connection with your use of optional third-party tools.
Your use of optional tools provided on the site is at your own risk and you should ensure that you are familiar with and approve the terms to which such tools are subject to provided by the relevant third-party distributor(s).
In addition, we may offer new services and/or features on our site in the future (including the release of new tools and new resources). Such new services and/or functionalities are also subject to these Terms of Service.
Clause 7 – Third Party Links
Some content, products, and services made available through our service may include materials from third parties.
Third-party links on this site may direct you to third party sites that are not affiliated with us. We are under no obligation to screen or evaluate their content or accuracy, and we do not warrant or take responsibility for third-party materials or sites, or other materials, products, or services of third parties.
Please read the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. We are not responsible for damages related to the purchase or use of goods, services, resources, content, or other transactions conducted in connection with third-party sites. Complaints, claims, concerns, or questions regarding third party products or services should be directed to the third-party entity.
Clause 8 – Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our site or service that contains typographical errors, inaccuracies, or omissions relating to descriptions of our services. We reserve the right at any time and without notice to correct errors, inaccuracies, or omissions and change or update information, and cancel services if the information on the service or related sites is erroneous.
We have no obligation to update, correct or clarify information on the service or related sites, including pricing information, except as required by law. No specific date or update date applied to the service or any site shall be construed as a modification or update of all information on the service or related sites.
Clause 9 – Comments, feedback, and other texts sent by the user
If, at our request, you submit certain specific text (e.g. contest responses) or, without our request, submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by post, or otherwise (collectively “comments”), you agree that we may at any time and without restriction edit, copy, publish, distribute, translate or otherwise use in any manner any of your comments submitted to us. We are under no obligation to (1) keep comments confidential; (2) pay a reward for any comments; or (3) respond to any comments.
We may, but are under no obligation to, monitor, edit or remove content that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these terms of service.
You agree not to make comments that violate the rights of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. Furthermore, you agree not to make comments that contain libelous or otherwise unlawful, abusive or obscene material or that contain computer viruses or other malware that may in any way affect the operation of the Service or any related site. You may not use a false e-mail address, impersonate another person, or otherwise mislead us or others as to the origin of comments. You are solely responsible for any comments you make, and for their accuracy. We are not responsible or liable for comments posted by you or any third party.
Clause 10 – Personal information
Clause 11 – Prohibited Uses
In addition to other prohibitions set forth in the terms of service, the user is prohibited from using the site or its contents: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate international, federal, state or local regulations, standards, laws or ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to disrupt, abuse, insult, harm, defame, abuse, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information (g) to upload or transmit viruses or other malicious code that is or may be used in a manner that affects the functionality or operation of the service or any related sites, other sites or the internet; (h) to collect or monitor the personal data of others; (i) for the purposes of spamming, phishing, pharm, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the service or related sites, other sites or the internet. We reserve the right to terminate your use of the service or related sites for violation of the prohibited uses.
Clause 12 – Disclaimer of warranties; Disclaimer of liability
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable. We do not guarantee, represent or warrant that use of our service will be uninterrupted, timely, secure, or error-free.
You agree that we may periodically renew the service for indefinite periods of time or cancel the service at any time without notice to you.
You expressly agree that your use or inability to use the service is at your sole risk. The service and all products and services provided to you through this service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranty, or condition of any kind, whether express or implied, including all implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Shopping Builders, its officers, directors, employees, affiliates, representatives, contractors, interns, suppliers, service providers or licensors be liable for direct, indirect, incidental, punitive, special or consequential injuries, losses, claims or damages of any kind, including lost revenues, lost savings, lost data, replacement costs or similar damages, whether based on contract, willful misconduct (including negligence), strict liability or otherwise, arising out of your use of the service or any products purchased through the service, or any claim relating in any way to your use of the service or any products, including, without limitation, errors or omissions in content or loss or damage of any kind incurred as a result of your use of the service or content (or products) posted, transmitted or otherwise made available through this service, even if properly notified of this possibility. In some states or jurisdictions, our liability is limited to the parameters of the law, as some states or jurisdictions do not allow the exclusion or disclaimer of liability for consequential or incidental damages.
Section 13 – Indemnification
You agree to indemnify, defend and hold Shopping Builders and our parent, subsidiaries, affiliates, partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms of service or the documents to which they relate, or your violation of any law or the rights of a third party.
Clause 14 – Severability
Should any provision of the present terms of service be determined to be illegal, void, or unenforceable, such provision shall be exercised to the maximum extent permitted by applicable law and the unenforceable portion shall be deemed to be excluded from the present terms of service, such determination not affecting the validity and enforceability of the remaining provisions.
Clause 15 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
The present terms of service are effective unless and until terminated by you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services or by ceasing to use our site.
If in our discretion, you are in breach, or we suspect that you are in breach, of any term or provision of these terms of service, we may also terminate this agreement at any time without notice and you remain liable for all amounts due up to and including the date of termination; and/or, accordingly, we may deny you access to our services (or any part thereof).
Clause 16 – Entire agreement
Our failure to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.
These terms of service and any policies or operating rules published by us on this site or in connection with the service constitute the entire agreement between you and us. They govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including prior versions of the terms of service).
Any ambiguities in the interpretation of these terms of service should be understood in consultation with the party who drafted them.
Clause 17 – Applicable law
The present terms of service and any individual agreements whereby we provide services to you are governed by and construed in accordance with the laws of Portugal.
Clause 18 – Changes to the terms of service
You can check the most current version of the terms of service on this page at any time.
We reserve the right, at our own discretion, to update, change or replace any part of the terms of service by posting updates and/or changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our Site following the posting of changes to these terms of service constitutes acceptance of those changes.
Clause 19 – Privacy
To browse the Shopping Builders website no personal data is requested from the user.
However, if you request any information about our activity, products, or services by filling out the forms you will provide a name and email address, among other data.
These data have the sole purpose of responding to the information requested and will not be made available to third parties.
Shopping Builders undertakes to adopt the necessary security measures to ensure the safeguarding of user data against possible misuse or unauthorized access, to comply with the legislation in force in terms of data protection, and not to yield in any form or condition this information to third parties.
Clause 20 – contact information
Please send any questions regarding the terms of service to email@example.com.
Alternative resolution of consumer disputes
Law 144/2015 of September 8, 2015, transposed directive 2013/EU, of the European Parliament and of the Council, of May 21, 2013, on the alternative resolution of consumer disputes.
This law establishes the legal framework for alternative dispute resolution mechanisms in consumer disputes, creating in Portugal the consumer arbitration network.
They are disputes initiated by a consumer against a supplier of goods or provider of services, concerning contractual obligations arising from purchase and sale contracts or provision of services, concluded between a supplier of goods or provider of services established and consumers resident in Portugal and in the European Union (article 2 no. 1 of law no. 144/2015.
ADR is a mechanism available to consumers and businesses to try to resolve consumer disputes out of court, more quickly and inexpensively. ADR includes mediation, conciliation and arbitration. The ADR process begins with an attempt to reach an agreement through mediation or conciliation. However, if no agreement is reached, the parties may still resort to an arbitration tribunal, through a simple and fast process.
They are independent entities with specialized staff that, in an impartial manner, help the consumer and the company reach an amicable solution. These entities are authorized to carry out mediation, conciliation, and arbitration of consumer disputes. These entities must be registered on the list provided for in article 17 of law no. 144/2015.
The Directorate General for the Consumer is the national authority competent to organize the registration and dissemination of the list of ADR entities (see annex i).
In Portugal, there are ten consumer dispute arbitration centers. Seven of them have generic competence and are regional in scope, being located in Lisbon, Porto, Coimbra, guimarães, Braga/Viana do Castelo, Algarve, and Madeira. There is also a center with a national territorial scope (supplementary), the CNIACC – national center for information and arbitration of consumer conflicts. There are also two centers of specific competence specialized in the automobile and insurance sectors.
The place of conclusion of the contract for the purchase and sale of goods or the provision of services, which generally coincides with the place of establishment, determines the competent arbitration center.
– a company that has only one or more business establishments in a given county, should only indicate the ADR entity that has jurisdiction to settle disputes in that county.
– a company that operates all over the national territory, should indicate all the competent entities.
– a vehicle repair shop, an insurance company or a travel agency, should indicate the specialized entities for these sectors.
All suppliers of goods and service providers, including those who only sell products or provide services over the Internet, are obliged to inform consumers about the ADR entities that are available or that they have voluntarily joined or are legally bound to. Only providers of services of general interest without an economic consideration, such as social services provided by or on behalf of the state, health services and public supplementary or higher education services, are excluded.
The obligations arising from law no. 144/2015 apply, mutatis mutandis, to all economic sectors not excluded by the said law, including those in which specific legislation already exists which provides for a similar obligation.
This law does not impose the adherence to any ADR entity, establishing only a duty to inform about the existing entities. However, there is the case of arbitration required for essential public services, such as electricity, gas, water and waste, electronic communications, and postal services.
This information must be provided in a clear, understandable, and appropriate manner to the type of good and service that is sold or provided (article 18 no. 2 of law no. 144/2015). Thus:
– On the website of the suppliers of goods or service providers, if any.
– In sales or service contracts between the supplier of goods or service provider and the consumer, when these are in written form or constitute contracts of adherence.
– where there is no written form, the information must be provided in another durable medium, namely on a notice displayed on the wall or posted at the sales counter or on the invoice delivered to the consumer.
No. However, a proposal for the formulation of a contract is attached.
It is the responsibility of the food and economic safety authority and the sector regulators in their respective areas to supervise compliance with these duties, investigate the respective administrative infraction proceedings and decide on these proceedings, including the application of fines and accessory sanctions if necessary.
Non-compliance with the duty of information by suppliers of goods or service providers constitutes an administrative offense, punishable with
– a fine of between € 500 and € 5000, when committed by a natural person.
– a fine of between €5000 and €25,000 when committed by a legal person.
Law 144/2015 of September 8 came into force on September 23, 2015, and suppliers of goods or service providers had 6 months from that date to adapt to this new regime. Thus, since March 23, 2016, companies must have this information available to their consumers.
Please note: informing consumers of the ADR entities available does not exempt suppliers of goods and service providers from providing consumers with the complaints book, which is mandatory under the terms of decree-law no. 156/2005, of September 15.
PERSONAL DATA PROTECTION POLICY
As of May 25, 2018 the General Regulation on the Protection of Personal Data – Regulation No. 2016/679 of the European Parliament and of the Council, of April 27, 2016, which sets out the rules on the protection, processing and free movement of personal data of natural persons and which applies directly to all entities that process such data, in any member state of the European Union, namely Portugal, will become applicable.
It is the most important regulatory measure for the protection of privacy, through the protection of personal data, and applies to all EU residents regardless of nationality, placing the individual (the person) and his right to privacy at the center of data protection.
Concerns about personal data privacy and information security are not new issues for Shopping Builders. In fact, over the past few years we have made a solid effort to strengthen internal procedures and information systems security, with special care for the personal data of customers, employees, trainers, and others.
Thus, to give continuity to internal procedures and strict compliance with the new Regulation, Shopping Builders informs you about the new rules applicable to the processing of your personal data, the rights you have, as well as how you can manage, directly and in a simple way, the respective consents.
Shopping Builders is the entity responsible for the processing of your personal data and to ensure the protection of your privacy, acting in accordance with the law and the new Regulation, and determining the means of processing and the purposes.
The personal data we possess were collected throughout contractual relations, professional interactions, and disclosures of training courses, in a long relationship of trust established with Shopping Builders and are subject to treatment with full respect and loyalty in compliance with the legislation in force, whether the data are automated or not.
The data will be processed under the contractual purpose, to comply with legal requirements and for marketing purposes (related to our area of activity – disclosure of offers and discounts, with the aim of letting you know about our courses, seminars, conferences, news and opportunities that you can benefit from).
We further inform you that Shopping Builders will keep your personal data for the period necessary for the respective purposes.
Within the scope of our activity, personal data may be communicated to other entities, public or private, always in strict compliance with legal requirements.
If you wish to keep the data and information that Shopping Builders has recorded, you do not have to do anything.
However, we want you to know that, at any time, you have the right to access your personal data, as well as, within the limits of the contract and the Regulation, to change them, object to their processing, decide on the automated or non-automated processing, withdraw consent and exercise the rights provided by law. Provided that it is not in strict contradiction with legal obligations.
For our part, we ensure that your data is processed lawfully, fairly, and transparently. And that we have regularly taken measures and procedures so that they are inviolable. But, for your security, you will be notified in case of any violation of your data.
We consider the protection and confidentiality of your personal data of high importance. Therefore, we have adopted the measures we consider appropriate to ensure the accuracy, integrity, and confidentiality of your personal data, as well as all the other rights you are entitled to.
For any request or clarification you may contact us: