Terms and Conditions

1. Scope and Purpose of the Store’s General Terms and Conditions

These General Terms and Conditions, together with the order form and 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, headquartered at R. Dr. Alves da Veiga, 89. 4000-073 Porto, Portugal, under the single registration and legal entity identification number 503953768, with a share capital of €5,000, hereinafter referred to as Livraria Manuel Ferreira Lda.

The Service consists of providing access to the Online Store via the address www.livrariaferreira.pt, which, in addition to providing information on a range of products and/or services, allows the User to order the products advertised therein electronically, under the terms and conditions described herein.

Products may only be ordered by Users aged 18 (eighteen) or over (younger individuals must have authorization from their representatives). The information provided by the User shall have full legal effect, with the User acknowledging the electronic purchases and not being able to claim lack of signature for non-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, which will be corrected promptly whenever they occur. If you purchase a product that has characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free termination – see point 9).

Livraria Manuel Ferreira Lda will do everything possible to ship all of the products ordered, but it is possible that, in certain cases and due to causes beyond the control of Livraria Manuel Ferreira Lda, such as human error or computer system incidents, it may not be possible to provide some of the products requested by the User. If any product is unavailable after you have placed your order, you will be notified by email or telephone. At that time, you will be given the option to cancel your order and receive a refund if you have already made the payment.

All information regarding prices, products, specifications, promotional offers, and services may be changed at any time by Livraria Manuel Ferreira Lda.

3. Responsibilities

3.1 All products and services sold in the Online Store www.livrariaferreira.pt comply with Portuguese law.

3.2 The Store has adequate security levels, however Livraria Manuel Ferreira Lda will not be liable for any losses suffered by the User and/or third parties due to delays, interruptions, errors, and suspensions of communications originating from factors beyond its control, namely any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software, or any computer viruses or resulting from downloading infected files or files containing viruses or other properties that may affect the User’s equipment. If, for any reason, it is impossible to provide the service due to an error in accessing the Livraria Manuel Ferreira Lda Online Store website, Livraria Manuel Ferreira Lda shall not be liable for any damages.

3.3 Data and information queries made within the scope of this Service are presumed to have been made by the User, and Livraria Manuel Ferreira Lda declines any responsibility arising from the misuse or fraudulent use of the information obtained.

3.4 Livraria Manuel Ferreira Lda shall not be liable for any loss or damage caused by misuse of the Service that is not directly attributable to it by way of intent or gross negligence.

3.5 Livraria Manuel Ferreira Lda is not liable for any loss or damage arising from non-compliance or defective compliance with the Service when this is not directly or indirectly attributable to it on the grounds of wilful misconduct or gross negligence, and is not liable in particular for (i) errors, omissions, or other inaccuracies relating to the information made available through the Service; (ii) damages caused by the fault of the User or third parties, including intellectual property violations, (iii) non-compliance or defective compliance resulting from compliance with judicial or administrative authority decisions; or (iv) non-compliance or defective compliance resulting from the occurrence of force majeure situations, i.e., situations of an extraordinary or unpredictable nature, external to Livraria Manuel Ferreira Lda and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods, or other natural disasters, or other situations beyond the control of Livraria Manuel Ferreira Lda that prevent or hinder the fulfillment of its obligations.

3.6. Livraria Manuel Ferreira Lda does not guarantee that:

1. i) the Service will be provided without interruption, be secure, error-free, or function indefinitely;
2. ii) the quality of any products, services, information, or other material purchased or obtained through the Service meets any expectations of the User in relation thereto;

• iii) any material obtained in any way through the use of the Service is used at the User’s own risk, and the User is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from such operation.

1. iv) no advice or information, whether oral or written, obtained by the User from or through the Service shall create any warranty not expressly stated in these General Conditions.

3.7. The User accepts that Livraria Manuel Ferreira Lda cannot be held liable in any way for any damage, including, but not limited to, damage for loss of profits, data, content, or any other losses (even if the User has been previously warned of the possibility of such damage occurring), resulting from:

1. i) the use or inability to use the Service;
2. ii) the difficulty in obtaining any substitute goods/services;

• iii) unauthorized access to or modification of personal databases.

4. Consumer Obligations

4.1. The user agrees to:

1. i) Provide accurate personal data and addresses;
2. ii) Do not use false identities;

• iii) Comply with the order limits imposed.

4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or possible non-delivery, the responsibility lies with the User, and Livraria Manuel Ferreira Lda declines any responsibility. If the consumer violates any of these obligations, Livraria Manuel Ferreira Lda reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by Livraria Manuel Ferreira Lda to the same User; and also not to allow the User future access to any services provided by Livraria Manuel Ferreira Lda.

4.3. The use of products and services purchased for commercial purposes, namely for the resale of goods, is expressly prohibited.

5. Privacy and Protection of Personal Data

5.1. Livraria Manuel Ferreira Lda guarantees the confidentiality of all data provided by Users.

5.2. The personal data identified on the order form as mandatory is essential for Livraria Manuel Ferreira Lda to provide the Service. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in Livraria Manuel Ferreira Lda refusing to provide the Service.

5.3. The User’s personal data will be processed and stored electronically and is intended to be used by Livraria Manuel Ferreira Lda within the scope of the contractual and/or commercial relationship with the User and, if authorized by the User, for the sale of books, organization of auctions, and appraisal services.

5.4. Under the terms of the applicable legislation, Users are guaranteed, without additional charges, the right to access, rectify, and update their personal data, either directly or by written request, as well as the right to oppose the use of such data for the purposes set out in the previous paragraph. To do so, they should contact the entity responsible for processing personal data: Livraria Manuel Ferreira Lda.

5.5. The Internet is an open network, meaning that the User’s personal data, other personal information, and all content hosted on the Service may circulate on the network without security conditions, running the risk of being accessed and used by third parties not authorized for this purpose. Livraria Manuel Ferreira Lda cannot be held responsible for such access and/or use.

6. Order cancellation

6.1 At the User’s request

The User may cancel their order by contacting Livraria Manuel Ferreira Lda by phone or email, quoting the order number. The cancellation will be accepted provided that the order has not yet been processed. Once processed, Livraria Manuel Ferreira Lda will attempt to deliver the order, but the User has the option of not accepting it.

For the purpose of cancellation, the User must provide the following information to Livraria Manuel Ferreira Lda:

1. a) Order number
2. b) Tax ID number used to place the order and delivery address

6.2 By decision of Livraria Manuel Ferreira Lda

Livraria Manuel Ferreira Lda reserves the right not to process orders when it finds any inconsistency in the personal data provided or observes misconduct on the part of the buyer. Livraria Manuel Ferreira Lda reserves the right not to process any order or refund in the event of errors in the prices and/or characteristics of the products, when these result from technical problems or errors unrelated to Livraria Manuel Ferreira Lda.

7. Returns (Right of Withdrawal)

7.1. The User, in the case of being a consumer, may exercise the right of withdrawal without being required to pay any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the goods.

To exercise this right, the User may use the form provided below, indicating all their identification details, the service subscribed to that they wish to cancel, and the date of subscription. The notification must be made by letter, by returning the purchased goods, or by other appropriate means that can be used as proof, within the period defined above.

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.

Draft form for free termination (you should only fill out and return this form if you wish to terminate the contract)

– To [insert here the name, geographical address, and, where applicable, fax number and email address of the professional]:

– I/We hereby give notice that I/we (*) withdraw from my/our (*) contract of sale relating to 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 proof of receipt of the product. The packaging and documents indicated 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 forms of return, the respective shipping costs will be their responsibility.

7.2. Upon receipt of the return at Livraria Manuel Ferreira Lda, the User will be refunded the amount corresponding to the amount paid for the order (sales invoice amount). If you used a promotional discount code, this amount will not be refunded, i.e., the refund will only be for the amount actually paid.

7.3. The method of refunding the amount to be returned depends on the payment method used for the respective order. In the case of credit card and PayPal payments, these are credited to the respective accounts. In other cases, when bank account information is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by check to the billing address. The refund will be made within 14 days of receiving the notice of withdrawal and the returned goods.

7.4. In the absence of any of the components of the item sold, or if any of them are not in excellent condition, there will be no refund of the price or shipping costs, and the product will be returned 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 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 involving the same content.

9.Service Security Conditions

9.1. The User undertakes to comply with all applicable legal provisions, namely, not to practice or encourage the practice of illegal acts or acts offensive to public decency, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules of use of the Service, under penalty of Livraria Manuel Ferreira Lda suspending or deactivating the Service under the terms provided for in point 12.

9.2. The User expressly acknowledges and accepts that the IP Network is a public electronic communications network that can be used by multiple users and, as such, is subject to computer overloads. Therefore, Livraria Manuel Ferreira Lda does not guarantee the provision of the Service without interruptions, loss of information, or delays.

9.3. Livraria Manuel Ferreira Lda also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or in cases of force majeure (situations of an extraordinary or unpredictable nature, external to Livraria Manuel Ferreira Lda and which cannot be controlled by it).

9.4. In the event of interruption of the Service due to unforeseeable overload of the systems on which it is supported, Livraria Manuel Ferreira Lda undertakes to restore normal operation as soon as possible.

10. Suspension and Deactivation of the Store Service

10.1. Regardless of any prior or subsequent communication, 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 also reserves the right to suspend or immediately terminate access to the Service in the following cases:

1. a) When the User fails to comply with the conditions of use referred to in point 4 and others referred to in the General Conditions;
2. b) When Livraria Manuel Ferreira Lda terminates access to the Store, upon prior notice 15 days in advance of the termination date.

10.3. The suspension or termination of the Service by Livraria Manuel Ferreira Lda, under the terms of the previous paragraphs, does not imply the right of the User or third parties to any indemnity or other compensation, and Livraria Manuel Ferreira Lda cannot be held liable or in any way burdened for any consequences resulting from the suspension, cancellation, or termination of the Service.

10.4. In the situations described above, Livraria Manuel Ferreira Lda will notify the User in advance so that they can, if they wish, safeguard the content of their order viewing area within three (3) business days from the sending of the email or the availability of the information on the Service’s main page.

11.Communications

11.1. Without prejudice to other forms of communication provided for in these General Terms and Conditions, notifications made to the User relating to the Service, including any changes to these General Terms and Conditions, may be sent to the User’s email address, by SMS, or by telephone.

11.2. The User agrees to receive any and all communications and/or notifications related to the Online Store at the address, contact telephone number, and/or email address provided during the ordering 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 of the following paragraph, Livraria Manuel Ferreira Lda may change the Service and/or the technical conditions for providing it, as well as the respective rules of use, and must notify the User of such changes at least 15 (fifteen) days in advance.

12.2. The current version of these General Terms and Conditions and their annexes 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 reformulate the network settings.

13.2. Without prejudice to the provisions of 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 change its technical configurations whenever this proves necessary in order to adapt it to any technological developments.

13.3. However, Livraria Manuel Ferreira Lda does not guarantee the User that any upgrades or improvements will be made to the Service.

13.4. Some upgrades or new features of the Service may only be available upon payment by the User and/or subscription to Specific Terms 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 complain to Livraria Manuel Ferreira Lda about acts and 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 will 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 Agreement is governed by Portuguese law.