Terms and Conditions
1. Scope and Purpose of the Store’s General Terms and Conditions
These General Conditions, together with the order form and the other elements referred to herein, are intended to regulate the terms and conditions governing the provision of the Online Store Service www.livrariaferreira.pt by Livraria Manuel Ferreira Lda, with registered office at R. Dr. Alves da Veiga, 89, 4000-073 Porto, Portugal, registered under the single registration and corporate identification number 503953768, with a share capital of €5,000, hereinafter referred to as Livraria Manuel Ferreira Lda.
The Service consists of providing access, through the address www.livrariaferreira.pt, to the Online Store which, in addition to providing information about a set of products and/or services, allows the User to order the products displayed therein electronically, under the terms and conditions described herein.
Product orders must be placed by Users aged 18 (eighteen) or over (individuals under this age must have authorization from their legal representatives). The data and information provided by the User shall have full legal effect, and the User acknowledges electronic purchases, and may not claim lack of signature to avoid compliance with the obligations assumed.
2. Product Information and Content
Livraria Manuel Ferreira Lda will make every effort to ensure that the information presented does not contain typographical errors and will correct any errors promptly whenever they occur. If you purchase a product whose characteristics differ from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of withdrawal – see point 7).
Livraria Manuel Ferreira Lda will make every effort to deliver all ordered products; however, in certain cases and due to causes beyond its reasonable control, such as human errors or IT system failures, it may not be possible to supply some of the requested products. If any product is unavailable after the order has been placed, you will be notified by email or telephone. At that time, you will be given the option to cancel the order with the corresponding refund, if payment has already been made.
All information regarding prices, products, specifications, promotional campaigns, and services may be changed at any time by Livraria Manuel Ferreira Lda.
3. Responsibilities
3.1 All products and services marketed in the Online Store www.livrariaferreira.pt comply with Portuguese law.
3.2 Although the Store has appropriate security levels, Livraria Manuel Ferreira Lda shall not be liable for any losses suffered by the User and/or third parties due to delays, interruptions, errors, or suspension of communications resulting from factors beyond its control, including deficiencies or failures caused by communication networks or services provided by third parties, computer systems, modems, connection software, or possible computer viruses, including those resulting from downloading infected files or files containing viruses or other properties that may affect the User’s equipment. If, for any reason related to access errors to the Online Store website, the Service cannot be provided, Livraria Manuel Ferreira Lda shall not be liable for any losses.
3.3 Data and information queries carried out within the scope of this Service are presumed to be made by the User, and Livraria Manuel Ferreira Lda declines any responsibility arising from abusive or fraudulent use of the information obtained.
3.4 Livraria Manuel Ferreira Lda shall not be liable for any losses or damages caused by abusive use of the Service not directly attributable to it through intent or gross negligence.
3.5 Livraria Manuel Ferreira Lda shall not be liable for damages resulting from non-performance or improper performance of the Service when such is not directly or indirectly attributable to it through intent or gross negligence, including, but not limited to:
(i) errors, omissions, or inaccuracies relating to information provided through the Service;
(ii) damages caused by the User or third parties, including intellectual property violations;
(iii) non-performance resulting from compliance with judicial or administrative decisions;
(iv) non-performance resulting from force majeure events, meaning extraordinary or unforeseeable circumstances beyond the control of Livraria Manuel Ferreira Lda, such as fires, power outages, explosions, wars, riots, civil unrest, governmental decisions, strikes, earthquakes, floods, or other natural disasters.
3.6. 3.6 Livraria Manuel Ferreira Lda does not guarantee that:
- (i) the Service will be provided uninterrupted, securely, error-free, or continuously;
- (ii) the quality of any product, service, information, or other material obtained through the Service will meet the User’s expectations;
- (iii) any material obtained through the Service is used at the User’s own risk, who is solely responsible for any damage to their computer system or data loss;
- (iv) any advice or information obtained through the Service will create any warranty not expressly stated in these General Conditions.
3.7. The User accepts that Livraria Manuel Ferreira Lda shall not be liable for any damages, including but not limited to loss of profits, data, content, or other losses (even if previously advised of the possibility of such damages), resulting from:
- (i) use or inability to use the Service;
- (ii) difficulty in obtaining substitute goods/services;
- (iii) unauthorized access to or modification of personal databases.
4. Consumer Obligations
4.1. The User undertakes to:
- (i) Provide accurate personal data and addresses;
- ii) Not use false identities;
- iii) Respect imposed order limits.
4.2. If any data is incorrect or insufficient and this results in delay, processing failure, or non-delivery, responsibility lies with the User, and Livraria Manuel Ferreira Lda declines any liability. In the event of breach, Livraria Manuel Ferreira Lda reserves the right to eliminate future purchases, block access to the Store, cancel other services provided simultaneously, and prevent future access.
4.3. It is expressly prohibited to use acquired products and services for commercial purposes, namely for resale.
5. Privacy and Personal Data Protection
5.1. Livraria Manuel Ferreira Lda guarantees the confidentiality of all data provided by Users.
5.2. Mandatory personal data in the order form are essential for providing the Service. Omission or inaccuracy is the User’s responsibility and may result in refusal of Service.
5.3. Personal data will be processed and stored electronically and used within the contractual and/or commercial relationship and, if authorized, for marketing books, organizing auctions, and valuation services.
5.4. Under applicable law, the User has the right to access, rectify, update, and object to the processing of their data by contacting Livraria Manuel Ferreira Lda.
5.5. The Internet is an open network; therefore, personal data and content may circulate without security conditions and may be accessed by unauthorized third parties. Livraria Manuel Ferreira Lda cannot be held responsible for such access.
6. Order Cancellation
At the User’s request
The User may cancel the order by contacting Livraria Manuel Ferreira Lda by phone or email, quoting the order number, provided the order has not yet been processed. After processing, delivery will be attempted, but the User may refuse it.
Required details:
- a) Order number
- b) Tax number used and delivery address
By decision of Livraria Manuel Ferreira Lda
Livraria Manuel Ferreira Lda reserves the right not to process orders in case of inconsistencies in personal data or buyer misconduct. It also reserves the right not to process orders or refunds in case of pricing or product characteristic errors resulting from technical issues beyond its control.
7. Returns (Right of Withdrawal)
7.1. Consumers may withdraw within 14 days from the day they acquire physical possession of the goods.
To exercise this right, the User may use the model form provided and must return the goods within 14 days in proper condition. The package must be returned complete, with invoice and proof of receipt, to:
The consumer must return the goods to Livraria Manuel Ferreira Lda in proper condition for use within 14 (fourteen) days from the date of notification of termination.
Model withdrawal form (please only complete and return this form if you wish to withdraw from the contract)
– To [insert here the name, geographical address and, where applicable, the fax number and email address of the trader]:
– 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.
The packaging must be returned complete, as delivered, and accompanied by all documentation received, namely the following documents: sales invoice and the document proving receipt of the product. The packaging and the indicated documents must be sent free of charge to the following address:
Livraria Manuel Ferreira Lda
R. Dr. Alves da Veiga, 89
4000-073 Porto, Portugal
If the User chooses other return methods, the respective shipping costs shall be borne by the User.
7.2. Upon receipt of the return by Livraria Manuel Ferreira Lda, the User will be refunded the amount corresponding to the amount paid for the order (sales invoice value). If a promotional discount code was used, that amount will not be refunded, meaning the refund will only cover the amount actually paid.
7.3. The refund method depends on the payment method used for the respective order. In the case of payments by credit card and PayPal, the amounts will be credited to the respective accounts. In other cases, when bank account details (NIB) are provided, the refund will be made to the indicated bank account. Otherwise, the refund will be made by cheque to the billing address. The refund will be processed within 14 days after receipt of the withdrawal notice and receipt of the returned goods.
7.4. In the absence of any of the components of the sold item, or if any of them are not in excellent condition, no refund of the price or shipping costs will be made, and the product will be sent back to the original shipping address.
8. Intellectual Property
8.1. The Store is a registered website and the Service provided by the website itself is the responsibility of Livraria Manuel Ferreira Lda.
8.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property rights, and other applicable legislation.
8.3. The User acknowledges that any content contained in advertising, highlights, promotions, or mentions of any sponsor or advertiser is protected by laws relating to copyright and related rights, industrial property laws, and other property protection laws, and therefore any use of such content may only occur with the express authorization of the respective owners.
8.4. The User undertakes to fully respect the rights referred to in the previous paragraph, namely by refraining from carrying out any acts that may violate the law or the aforementioned rights, such as the reproduction, commercialization, transmission, or making available to the public of such content, or any other unauthorized acts concerning the same content.
9. Service Security Conditions
9.1. The User undertakes to comply with all applicable legal provisions, namely not to engage in or promote unlawful acts or acts contrary to public decency, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the applicable legislation on the processing of personal data and advertising communications through automatic calling systems. The User must also comply with the rules governing the use of the Service, failing which Livraria Manuel Ferreira Lda may suspend or deactivate the Service under the terms set out in the relevant section.
9.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that may be used by multiple users and, as such, may be subject to system overloads. Therefore, Livraria Manuel Ferreira Lda does not guarantee the uninterrupted provision of the Service, nor the absence of information loss or delays.
9.3. Livraria Manuel Ferreira Lda likewise does not guarantee the provision of the Service in situations of unforeseeable system overload or force majeure (extraordinary or unforeseeable circumstances beyond the control of Livraria Manuel Ferreira Lda).
9.4. In the event of interruption of the Service due to unforeseeable system overload, Livraria Manuel Ferreira Lda undertakes to restore its operation as quickly as possible.
10. Suspension and Deactivation of the Online Store Service
10.1. Without prejudice to any prior or subsequent notice, Livraria Manuel Ferreira Lda may, at any time and at its sole discretion, discontinue the provision of the Service and/or part of the Service to one or all Users.
10.2. Livraria Manuel Ferreira Lda further reserves the right to immediately suspend or terminate access to the Service in the following cases:
- a) When the User fails to comply with the terms of use referred to in section 4 and other provisions set out in the General Conditions;
- b) When Livraria Manuel Ferreira Lda discontinues access to the Online Store, upon prior notice given at least 15 days before the date of termination.
10.3. The suspension or termination of the Service by Livraria Manuel Ferreira Lda under the terms set out above shall not entitle the User or any third party to any compensation or indemnity. Livraria Manuel Ferreira Lda shall not be held liable or in any way burdened for any consequences arising from the suspension, cancellation, or termination of the Service.
10.4. In the situations described above, Livraria Manuel Ferreira Lda shall notify the User in advance so that the User may, if they so wish, safeguard the content of their order history area within 3 (three) business days from the sending of the email or the publication of the information on the main page of the Service.
11. Communications
11.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any amendments to these General Conditions, may be sent to the User’s email address, by SMS, or by telephone contact.
11.2. The User agrees to receive all communications and/or notifications related to the Online Store at the address, contact telephone number, and/or email address provided during the order process.
At any time, you may request not to receive these communications and/or notifications by using the Contact Form or by selecting the “Do not receive the Newsletter” option included in each Newsletter.
12. Technical Settings
12.1. Without prejudice to the provisions set out in the following paragraph, Livraria Manuel Ferreira Lda may modify the Service and/or the technical conditions for its provision, as well as the respective rules of use, and shall inform the User of such changes at least 15 (fifteen) days in advance.
12.2. The version of these General Conditions and their annexes in force at any given time is available on the website www.livrariaferreira.pt.
13. Communications
13.1. Whenever Livraria Manuel Ferreira Lda deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reconfigure network settings.
13.2. Without prejudice to the provisions set out in the following paragraphs, and given the innovative nature of the Service and the technological developments to which it may be subject, Livraria Manuel Ferreira Lda may modify its technical configurations whenever deemed convenient in order to adapt it to potential technological advancements.
13.3. However, Livraria Manuel Ferreira Lda does not guarantee the User the implementation of any upgrades or improvements to the Service.
13.4. Certain upgrades or new features of the Service may only be made available upon payment by the User and/or subscription to specific Terms and Conditions of use.
14. Complaints
14.1. The User may submit any contractual disputes to arbitration and mediation mechanisms that are or may be legally established, as well as file complaints with Livraria Manuel Ferreira Lda regarding acts or omissions that violate the legal provisions applicable to the purchase of goods.
14.2. The complaint must be submitted within a maximum period of 30 (thirty) days from the date on which the User becomes aware of the facts. It will be recorded in the information systems of Livraria Manuel Ferreira Lda, which shall decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.
15. Applicable Law
The Contract shall be governed by Portuguese law.