- Scope and Object of the General Store Conditions
These General 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 Maria’s Tavira Tours Online Store Service, headquartered at Rua Gonçalo Velho nº 7, 8800-349 Tavira, under the unique registration and corporate identification number 204 464 803.
The Service consists of providing access to the Online Store via the address https://mariastuktuk.com/, which, in addition to providing information regarding a range of products and/or services, allows the User to electronically order the products listed therein, under the terms and conditions described herein.
Orders for services must be placed by Users aged 18 (eighteen) years or older (individuals under this age must have authorization from their legal representatives). The information and elements provided by the User shall have full legal effect, with the User acknowledging electronic purchases and unable to claim the absence of a signature for non-compliance with assumed obligations.
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Product and Content Information
Maria’s Tavira Tours will make every effort to ensure that the information presented is free from typographical errors, and any such errors will be promptly corrected whenever they occur. If a purchased product has characteristics different from those presented online, the User has the right to terminate the purchase contract under applicable legal terms (right of withdrawal – see section 9).
Maria’s Tavira Tours will make every effort to dispatch all ordered products, but it is possible that, in certain cases, due to causes beyond Maria’s Tavira Tours’ control, such as human errors or issues in computer systems, it may not be possible to provide some of the products requested by the User. If any product is unavailable after an order has been placed, the User will be notified by email or telephone. At that time, the User will be offered the option to cancel the order with a corresponding refund if payment has already been made.
All information regarding prices, products, specifications, promotional actions, and services may be changed at any time by Maria’s Tavira Tours.
Responsibilities
3.1 All products and services sold in the Maria’s Tavira Tours Online Store comply with Portuguese law.
3.2 The Store has appropriate security measures in place; however, Maria’s Tavira Tours shall not be liable for any damages suffered by the User and/or third parties due to delays, interruptions, errors, or suspensions of communications resulting from factors beyond its control, including, but not limited to, deficiencies or failures caused by communication networks or services provided by third parties, computer systems, modems, connection software, computer viruses, or the downloading of infected files or files containing viruses or other properties that may affect the User’s equipment. If, for any reason, an error in accessing the Maria’s Tavira Tours Online Store website results in the inability to provide the service, Maria’s Tavira Tours shall not be liable for any resulting damages.
3.3 Data and information queries made within the scope of this Service are presumed to be performed by the User, and Maria’s Tavira Tours disclaims any liability arising from the abusive or fraudulent use of the information obtained.
3.4 Maria’s Tavira Tours shall not be liable for any losses or damages caused by abusive uses of the Service that are not directly attributable to it as a result of intent or gross negligence.
3.5 Maria’s Tavira Tours shall not be liable for damages or losses resulting from the non-fulfillment or defective fulfillment of the Service when such is not directly or indirectly attributable to it as a result of intent or gross negligence, including, but not limited to:
(i) errors, omissions, or other inaccuracies in the information provided through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property; (iii) non-fulfillment or defective fulfillment resulting from compliance with judicial or administrative decisions; or (iv) non-fulfillment or defective fulfillment resulting from force majeure events, i.e., extraordinary or unpredictable situations beyond Maria’s Tavira Tours’ control, such as fires, power outages, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods, or other natural disasters or uncontrollable situations that prevent or hinder the fulfillment of assumed obligations.
3.6. Maria’s Tavira Tours does not guarantee that:
i) the Service will be provided uninterrupted, secure, error-free, or function indefinitely; ii) the quality of any product, service, information, or other material purchased or obtained through the Service meets the User’s expectations; iii) any material obtained through the use of the Service is used at the User’s own risk, with the User being solely responsible for any damage caused to their system or equipment or for any data loss resulting from such use; iv) any advice or information, whether oral or written, obtained by the User from or through the Service creates any warranty not expressly stated in these General Conditions.
3.7. The User accepts that Maria’s Tavira Tours cannot be held liable for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously notified by the User of the possibility of such damages), resulting from:
i) the use or inability to use the Service; ii) the difficulty in obtaining substitute goods/services; iii) unauthorized access to or modification of personal databases.
Consumer Obligations
4.1. The User undertakes to:
i) Provide accurate personal information and addresses; ii) Not use false identities; iii) Respect the imposed order limits.
4.2. If any of the provided information is incorrect or insufficient, resulting in a delay or impossibility in processing the order or non-delivery, the responsibility lies with the User, and Maria’s Tavira Tours disclaims any liability. If the consumer breaches any of these obligations, Maria’s Tavira Tours reserves the right to cancel future purchases, block access to the store, cancel the provision of any other services provided simultaneously by Maria’s Tavira Tours to the same User, and prevent the User’s future access to any services provided by Maria’s Tavira Tours.
4.3. The use of products and services purchased for commercial purposes, particularly for resale, is expressly prohibited.
Privacy and Personal Data Protection
5.1. Maria’s Tavira Tours guarantees the confidentiality of all data provided by Users.
5.2. Personal data identified in the order form as mandatory are essential for the provision of the Service by Maria’s Tavira Tours. The omission or inaccuracy of the data provided by the User is their sole responsibility and may lead to the refusal of service provision by Maria’s Tavira Tours.
5.3. The User’s personal data will be processed and stored electronically and are intended for use by Maria’s Tavira Tours within the scope of the contractual and/or commercial relationship with the User.
5.4. Under applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify, and update their personal data, either directly or through a written request, as well as the right to object to their use for the purposes set out in the preceding section. For this purpose, the User should contact the entity responsible for processing personal data: info@mariastaviratours.pt.
5.5. The Internet is an open network, and 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 unauthorized third parties. Maria’s Tavira Tours cannot be held liable for such access and/or use.
Cancellation of Reservations
6.1 At the User’s Request
The User may cancel their reservation by requesting it from Maria’s Tavira Tours via the provided telephone number or email, referencing the reservation number, within 14 days of making the reservation.
6.2 By Maria’s Tavira Tours’ Decision
Maria’s Tavira Tours reserves the right not to process reservations when it identifies inconsistencies in the provided personal data or observes misconduct by the buyer. Maria’s Tavira Tours also reserves the right not to process any reservation or refund in the case of errors in the values and/or characteristics of products resulting from technical issues or errors beyond Maria’s Tavira Tours’ control.
6.3 Refund
Maria’s Tavira Tours reserves the right to issue refunds using the same payment method used for the purchase, without prejudice to the customer, within a maximum period of 14 days. If a refund is requested through a different method, no additional costs will be reimbursed.
Intellectual Property
7.1. The Store is a registered website, and the Service provided by the website is the responsibility of Maria’s Tavira Tours.
7.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property, and other applicable legislation.
7.3. The User acknowledges that any content appearing in advertisements, promotions, or mentions of sponsors or advertisers is protected by copyright and related rights laws, industrial property laws, and other property protection laws. Any use of such content may only occur with the express authorization of the respective rights holders.
7.4. The User undertakes to fully respect the rights referred to in the preceding section, refraining from any acts that may violate the law or such rights, such as reproducing, commercializing, transmitting, or making such content available to the public, or any other unauthorized acts involving the same content.
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Service Security Conditions
8.1. The User undertakes to comply with all applicable legal provisions, refraining from engaging in or encouraging unlawful or offensive acts, such as sending unsolicited communications (spamming) in violation of applicable personal data processing and advertising communication laws, and must also adhere to the Service’s usage rules, under penalty of Maria’s Tavira Tours suspending or deactivating the Service as provided in section 14.
8.2. The User expressly acknowledges and accepts that the IP Network is a public electronic communications network subject to use by multiple users and, as such, susceptible to computer overloads. Therefore, Maria’s Tavira Tours does not guarantee the provision of the Service without interruptions, loss of information, or delays.
8.3. Maria’s Tavira Tours also does not guarantee the provision of the Service in situations of unpredictable system overloads or force majeure (extraordinary or unpredictable situations beyond Maria’s Tavira Tours’ control).
8.4. In the event of an interruption in the provision of the Service due to unpredictable system overloads, Maria’s Tavira Tours undertakes to restore its operation as soon as possible.
Suspension and Deactivation of the Store Service
9.1. Regardless of any prior or subsequent communication, Maria’s Tavira Tours 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.
9.2. Maria’s Tavira Tours also reserves the right to suspend or immediately terminate access to the Service in the following cases:
a) When the User fails to comply with the usage conditions set out in section 4 and other provisions in the General Conditions; b) When Maria’s Tavira Tours terminates access to the Store, with prior notification at least 15 days before the termination date.
9.3. The suspension or termination of the Service by Maria’s Tavira Tours, as per the preceding sections, does not entitle the User or third parties to any compensation or other indemnity, and Maria’s Tavira Tours shall not be held liable or burdened in any way for any consequences resulting from the suspension, cancellation, or termination of the Service.
9.4. In the situations described above, Maria’s Tavira Tours will notify the User in advance so that, if desired, they may safeguard the content of their order viewing area within 3 (three) business days from the sending of the email or the availability of the information on the Service’s main page.
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Communications
10.1. Without prejudice to other forms of communication provided in these General Conditions, notifications related to the Service, including any changes to these General Conditions, may be sent to the User’s email address, by SMS, or via telephone contact.
10.2. The User agrees to receive any communication and/or notification related to the Online Store at the address, contact telephone number, and/or email address provided during the ordering process.
At any time, the User may request not to receive these communications and/or notifications through the Contact Form or by selecting the “Do not receive the Newsletter” option included in each Newsletter.
Technical Configurations
11.1. Without prejudice to the following section, Maria’s Tavira Tours may modify the Service and/or its technical provision conditions, as well as its usage rules, and shall disclose such changes to the User at least 15 (fifteen) days in advance.
11.2. The current version of these General Conditions and their annexes is available on the website.
EMAIL: info@mariastaviratours.pt
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Communications
12.1. Whenever Maria’s Tavira Tours deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reconfigure network settings.
12.2. Without prejudice to the following sections, and given the innovative nature of the Service and potential technological developments, Maria’s Tavira Tours may modify its technical configurations whenever necessary to adapt to such developments.
12.3. Maria’s Tavira Tours does not guarantee the User any upgrades or improvements to the Service.
12.4. Some upgrades or new Service features may only be available upon payment by the User and/or subscription to Specific Usage Conditions.
Complaints
13.1. The User may submit any contractual disputes to legally established arbitration and mediation mechanisms and may also file complaints with Maria’s Tavira Tours regarding acts or omissions that violate applicable legal provisions concerning the acquisition of goods.
13.2. Complaints must be submitted within a maximum period of 30 (thirty) days from the User’s knowledge of the facts, and they will be recorded in Maria’s Tavira Tours’ information systems. Maria’s Tavira Tours shall decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.
Applicable Law
The Contract is governed by Portuguese law.
For legal purposes, the authoritative version of these Terms and Conditions is the Portuguese version.