Terms and Conditions For Sellers
PIQQIT.STORE, a commercial company headquartered at Rua São João Bosco, 180, 1º Esquerdo, 4100-462, Ramalde, Porto, registered at the Conservatória do Registro Comercial of Porto under the number of legal person and registration number 515510246, with the share capital of 2,000.00 Euros, allows legal persons previously approved by PIQQIT.STORE and after their registration (hereinafter referred to as "Seller"), the use of an online market (hereinafter "Marketplace PIQQIT.STORE"), on its website www.piqqit.store Through the PIQQIT.STORE Marketplace, the Seller may, through PIQQIT.STORE, sell its new products to buyers who visit the PIQQIT.STORE website (hereinafter referred to simply as “Customers”) at prices and conditions established by the Seller himself. The Seller may only use the PIQQIT.STORE Marketplace after accepting these Terms and Conditions without restrictions or reservations, as well as after registering and accepting them with PIQQIT.STORE. Acceptance is the digital acceptance of these Terms and Conditions through the Marketplace platform provided by PIQQIT.STORE for this purpose. The PIQQIT.STORE Marketplace does not imply any association or dependence between the Seller and PIQQIT.STORE, so both will be absolutely independent and autonomous. In any case, these Terms and Conditions should not be interpreted as constituting between the Seller and PIQQIT.STORE a consortium, an association in participation, a complementary group of companies, or any other form of association or constituting a joint relationship or solidarity, whether or not it involves the creation of autonomous assets or legal entities independent of the parties. Neither PIQQIT.STORE nor Seller will act or have the authority to act on behalf of the other party as its agent, or representative, for any reason, without prejudice to PIQQIT.STORE receiving payment directly from Customers on Seller's behalf. These Terms and Conditions do not constitute an employment relationship between the Seller and PIQQIT.STORE, each party being obliged, expressly, to respond for all obligations that are imputable of Labor, Tax and Contributory nature, in accordance with the Law in force.
2. Operation of the PIQQIT.STORE Marketplace
Under the terms of clause 1, the access to the PIQQIT.STORE Marketplace by the Seller is subject to the latter's acceptance of these Terms and Conditions and the respective registration with PIQQIT.STORE and through the means by provided by filling in the data and sending the documents requested by PIQQIT.STORE to the care of the latter. The Seller is solely responsible for the accuracy of the information provided to PIQQIT.STORE, and is obliged to inform it immediately if any data is changed. To use the PIQQIT.STORE Marketplace, the Seller must use the unique email address and password, exclusively assigned to each one by PIQQIT.STORE, when registering as a Seller on the PIQQIT.STORE Marketplace. The Seller undertakes to keep confidentiality about his access data to the PIQQIT.STORE Marketplace and not to disclose them to third parties, and may change them. In effect, the Seller will be solely responsible for accessing the PIQQIT.STORE Marketplace with his data. In case of loss, diversion or fraudulent use of your email address and / or password, the Seller undertakes to notify PIQQIT.STORE immediately. In this case, PIQQIT.STORE will block the Seller's access credentials and generate new credentials. If, after the loss of the Seller's access data and before the blocking by the PIQQIT.STORE, any transaction (s) has occurred, the Seller will assume full responsibility for the same (s) ), regardless of fault, unless it is still possible to cancel the referred transaction (s).
3. Seller Registration
The PIQQIT.STORE Marketplace allows customers to consult and purchase products sold by Sellers on the PIQQIT.STORE website. The operations carried out through the PIQQIT.STORE Marketplace are entered into directly between the Customer and the Sellers, in compliance with the precepts and other legal requirements that are in force at all times. PIQQIT.STORE does not assume the position of agent / distributor / representative of the Sellers, or reseller of the products proposed by the Sellers through the PIQQIT.STORE Marketplace. The products advertised and sold on the PIQQIT.STORE Marketplace are the sole responsibility of the Marketplace Sellers, namely with regard to their property, quality, safety, origin, warranty and compliance with applicable legislation.
4.1 - Commissions for Orders By Category
For each product order paid by a customer, PIQQIT.STORE will charge the Seller a commission equivalent to a percentage of the total amount paid by the customer (to the Seller), including shipping and other costs / costs / fees included in the total price paid by the Customer, also adding VAT in situations defined by law. The commission to be applied differs depending on the product category.
Toys and games 10%
Home and garden 13%
Cell phones and electronics 12%
Food and drinks 10%
Computers and accessories 12%
Household appliances 9%
Sports, adventure and leisure 10%
Tools and construction 10%
Music, video and photography 12%
Stationery, office and books 12%
Automotive parts and accessories 11%
Pet products 11%
Baby products 10%
Clothing and accessories 13%
Health and beauty 13%
TV, audio and home theatre 8%
Video games and consoles 12%
4.2 - Payment to Sellers
PIQQIT.STORE will pay the Seller the full amount of the order price, deducting the commission, 15 days after confirmation of receipt of the order. Payment will be made by PIQQIT.STORE to the Seller in two monthly cycles, every 15 days, by bank transfer to the bank account whose coordinates have been indicated by the Seller when registering at the PIQQIT.STORE Marketplace and after such confirmation. n case of incidents or open disputes about the order in question, the payment for the same will be blocked, by PIQQIT.STORE, until resolution. In case of refund from the Customer and payment of the order in question to the Seller has already been made, PIQQIT.STORE will return the amount in question to the Customer and will debit to the Seller in the following monthly cycle. The Seller shall pay this and any other amounts due to PIQQIT.STORE in the next payment cycle. Failure to pay determines the expiry of the contract.
5.1 - General
PIQQIT.STORE will identify the Seller to Customers in accordance with the data indicated by the same when registering in the PIQQIT.STORE Marketplace. The Seller undertakes to make his data available (company name, address, NIPC, email and telephone contact) to PIQQIT.STORE and Customers for the purposes of complaints, after-sales service and guarantee of the Products. The Seller undertakes to comply with the applicable legislation regarding the exercise of the commercial activity inherent to the sale of the products (namely commercial registration, accounting, contributory and tax obligations), with PIQQIT.STORE oblivious to these facts. The Seller undertakes to comply with the applicable Portuguese legislation, namely regarding:
Sale and guarantee of consumer goods;
Unfair commercial practices;
General safety of products and services;
Commercial practices with price reduction;
Indication of retail prices;
Tax and customs obligations.
All content that the Seller intends to publish on the PIQQIT.STORE Marketplace will be previously approved by PIQQIT.STORE. PIQQIT.STORE reserves the right to withdraw from the PIQQIT.STORE Marketplace, unilaterally and without the need for any prior notice, any Seller and / or any product or offer that does not comply with the provisions of these Terms and Conditions and / or legislation applicable. The Seller undertakes to fulfill its obligations by providing a quality service to customers. The Seller undertakes to respond to messages from customers and PIQQIT.STORE within a maximum period of 48 (forty-eight) hours from the date of receipt.
5.2 - Prices
The sale price of the products is freely defined by the Seller, in accordance with the legislation in force. The price indicated on the PIQQIT.STORE Marketplace must include all applicable taxes, fees and expenses (including VAT, packaging, transport, etc.). The Seller must define and expressly identify the costs of shipping the products to the customer. The Seller will issue and send the invoice to the customer together with the purchased product. PIQQIT.STORE reserves the right to charge the Seller the amount of any operational costs that it may incur with orders, on the part of the customer, for failure to send the associated legal | tax documentation (namely, invoices or credit notes).
5.3 - Sale
The contracts for the purchase and sale of the products made available by the Seller are entered into between the Seller and the Customer under the resolutive condition that the product is available. The Seller undertakes to advertise on the PIQQIT.STORE Marketplace new physical products, not repackaged and without any prior use. The Seller undertakes to advertise on the PIQQIT.STORE Marketplace products that are available and to immediately eliminate any advertisements for products that are no longer available. The Seller is informed by PIQQIT.STORE, through the technological platform of the PIQQIT.STORE Marketplace, when a product that has been made available on the same is ordered by a customer. The Seller undertakes to verify and respond to his messages, received within the scope of the PIQQIT.STORE Marketplace, in order to learn about the products ordered by the customers, as well as any claims or warranty claims.
5.4 - Conditions of Sale
The Sales Conditions available on the PIQQIT.STORE website apply to all product sales made through the PIQQIT.STORE Marketplace and regulate the relationship between the Seller and the Customer. PIQQIT.STORE is not the seller of products purchased through the PIQQIT.STORE Marketplace, and the Seller, best identified in each product, is the party that contracts with the customer the purchase and sale of said products. Products purchased within the scope of the PIQQIT.STORE Marketplace cannot be returned to PIQQIT.STORE, nor are they covered by PIQQIT.STORE's satisfaction / return policies. Under the terms of the legislation in force, within the scope of a purchase made to a Seller, on the PIQQIT.STORE Marketplace, the customer has a period of 7 (seven) calendar days from the date of receipt of the ordered product (s) (s) to exercise, with said Seller, their right of free resolution without payment of compensation and without the need to indicate the reason. The refund of the amount paid for the returned products is made by PIQQIT.STORE to the customer within a maximum period of 14 (fourteen) calendar days from the date on which the Seller confirms receipt of the order returned by the customer. The customer may submit complaints to the PIQQIT.STORE Marketplace for products purchased within the PIQQIT.STORE Marketplace. Disputes are resolved directly between the Customer and the Seller, and PIQQIT.STORE may eventually be intermediary through the tools placed at its disposal on the PIQQIT.STORE Marketplace.
5.5 - Shipping and Delivery of Products
The Seller must expressly and clearly indicate on the PIQQIT.STORE Marketplace, for each product, the delivery methods of the same and all associated costs. The Seller undertakes to pack the products so as not to damage them during transportation. The Seller undertakes to ship orders within a maximum period of 3 (three) consecutive days, that is, after the preparation period defined for the product.
5.6 - Ownership
The Seller undertakes to only sell the products over which he has a right of ownership. Products advertised by Seller must not violate applicable law or any third party rights. The Seller undertakes not to advertise or sell any product that violates the intellectual property rights of third parties, namely, that materializes counterfeiting or fraud on goods under the terms of the applicable Law. PIQQIT.STORE is unaware of the announcement and sale of products by the Seller, who is solely responsible for making the products available on the PIQQIT.STORE Marketplace. The Seller is solely responsible for the accuracy of the information that he makes available in relation to the products (characteristics, condition and price, under the terms of the following clause) and undertakes that these are clear, true and do not mislead the customer. The Seller further undertakes that the information and photographs / images provided by him and associated with the Products made available on the PIQQIT.STORE Marketplace are reliable in relation to the products and respect the rights of third parties, and the Seller must be the owner of the products. respective intellectual property rights. The Seller undertakes to comply with the service levels in these Terms and Conditions. In case of non-compliance with the service levels provided for in this clause, PIQQIT.STORE reserves the right to exclude, temporarily or permanently, the Seller from the PIQQIT.STORE Marketplace, immediately and without the right to any compensation, without prejudice to other rights. that can fit the case.
6. Right of free resolution, return, claims and guarantees
The Customer can exercise its right of free resolution within a maximum period of 7 (seven) consecutive days after receiving the product. PIQQIT.STORE does not intervene in the return process. The customer exercises this right directly with the Seller in question via the PIQQIT.STORE Marketplace. It is up to the customer to bear the cost of returning the goods, except when the Sellers agree to bear the cost or when the customer has not been previously informed by the Sellers that he has a duty to pay the return costs. If the Sellers do not offer to collect the goods themselves, the customer must, within 7 (seven) calendar days from the date on which he communicated his return decision, return the products to the Sellers. PIQQIT.STORE will proceed to the refund of the price of the product paid by the customer, within a maximum period of 14 (fourteen) consecutive days, after the confirmation of the return by the customer or the confirmation, by the Seller, of its receipt and that it is in proper conditions of use. This amount will be debited by PIQQIT.STORE to the Seller, deducting it in the next payment cycle or sending the respective debit note to the Seller. The Seller undertakes to indicate the return conditions so that they can be consulted on his page at PIQQIT.STORE.
6.2 - Complaints
The Seller undertakes to respond to the customer, within 48 (forty-eight) hours, to any complaint made by the customer or through PIQQIT.STORE regarding the products. Whenever a customer lodges a complaint regarding a product, the Seller assumes responsibility for resolving the dispute. PIQQIT.STORE may assume the position of intermediary in the resolution of disputes between the Seller and the Customer, in the event that the latter presents their complaint to the PIQQIT.STORE. However, PIQQIT.STORE will not assume any responsibility towards the customer, as it is a separate party to the contractual relationship between Customer and Seller. PIQQIT.STORE will not intervene, and such situation must be managed by the customer directly with the Seller.
6.3 - Non-conformities at the time of receipt
If the orders are not delivered to the customer, arrive damaged or in disagreement with the information provided by the Sellers at the time of purchase, the customer has the right to complain to the respective Sellers. PIQQIT.STORE will not intervene, and this situation must be managed by the customer directly and autonomously with the Sellers. The intermediation of PIQQIT.STORE is limited to providing support in the exchange of communications between the Customer and the Seller, and PIQQIT.STORE is not responsible for resolving any dispute between them. Products purchased under the Marketplace cannot be returned to PIQQIT.STORE. The return of the products is the responsibility of the customer or in accordance with that established by the Seller. PIQQIT.STORE does not intervene in the return process. The customer must directly arrange with the Sellers to return the products. The conditions for returning products from Marketplace should be consulted on the page of the respective Product Sellers on the PIQQIT.STORE website.
6.4 - Warranties
The Seller is responsible for providing product warranty when applicable. In the event that the product is returned by the customer, the customer must bear the costs of sending it. If the product does not conform, shipping costs will be reimbursed by the Seller. If there is a misuse of the product, shipping costs will be borne exclusively by the customer.
6.5 - Refunds to Customers
In case of reimbursement to the customer, under the legislation related to contracts concluded at a distance or to the sale and guarantee of consumer goods, PIQQIT.STORE must return to the customer the price paid for the product, plus shipping and return charges, if applicable. In the case of the return of all the products of an order, the total paid by the customer (price of the products + shipping costs) will be returned. If an order is partially returned, the customer will receive a partial refund corresponding to the price of the product (s) returned (s) + shipping cost prorated by the number of products in the order. PIQQIT.STORE will debit this amount to the Seller in the next payment cycle.
7. Personal Data
The person responsible for the processing of the customer's personal data is PIQQIT.STORE, as an intermediary in the relationship between the customer and the Seller. PIQQIT.STORE will only transmit the customer's personal data to the Seller with which he will enter into a purchase and sale contract for a certain product (s). The purchase and sale contract between the Customer and the Seller results in a new treatment of personal data for which the Seller is responsible. The Seller will process the customer's personal data for the purposes of contractual management and after-sales support services, which include the activation of guarantees and the analysis of complaints. PIQQIT.STORE and the Seller are obliged to fully comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data. Accordingly, PIQQIT.STORE and the Seller undertake to:
1. Treat the client's personal data in a lawful, loyal and transparent manner;
2. Treat the customer's personal data only for the specific, explicit and legitimate purposes described above;
3. Treat only the client's personal data that are adequate, relevant and limited to what is necessary in relation to the defined purposes;
4. Treat the customer's personal data only for the period strictly necessary for the purposes assumed.
At any time, the customer may request the exercise of his rights, as the holder of personal data, from PIQQIT.STORE, or from the Seller, depending on whether it is a situation regarding the intermediation relationship between the Client and the Seller, prior to the conclusion of the purchase and sale contract, or a situation relating to the purchase and sale contract entered into or that originated therein. Both PIQQIT.STORE and the Seller will carefully analyze customer requests, assessing their legitimacy and relevance, responding in a timely manner.
8 – Responsibility
The Seller undertakes the perfect and integral supply of the goods that are ordered from him in accordance with these Terms and Conditions, being responsible for the losses resulting from the irregularities that are attributable to him. The risk of perishing / damage of the product (s) ordered (s) runs exclusively on the Seller's account until such time as it actually enters the customer's possession, running on his behalf from that moment on. In the event that civil, criminal or administrative offenses are instituted within the scope of the PIQQIT.STORE Marketplace for facts / acts attributable to the Seller or its employees, the Seller will be responsible for all losses that it causes in the PIQQIT.STORE legal sphere, namely, penalties, fines, court fees, fines or indemnities that PIQQIT.STORE has to bear due to poor or deficient execution of the services provided / supply of goods. The Seller is responsible, for himself and for his collaborators, for any and all damages and losses resulting from the culpable or negligent breach of the obligations assumed regarding the duty of secrecy, confidentiality and the use of personal data, being obliged to indemnify PIQQIT. STORE, wholly and totally, of all these damages and losses that are directly attributable to it, without prejudice to the criminal liability that arises therefrom. Within the scope of the PIQQIT.STORE Marketplace, PIQQIT.STORE cannot be held responsible for any fraudulent or unlawful acts that may be practiced by the Sellers, any other actors or third parties. PIQQIT.STORE is not responsible for circumstances of unavailability of the PIQQIT.STORE Marketplace that (i) are caused by factors beyond the reasonable control of PIQQIT.STORE, including cases of force majeure or Internet access and related problems that occur in the territories where the Seller is based; (ii) result from any acts or omissions of the Seller or third parties; (iii) result from the product, software or other technologies that the Seller uses and / or the product, software or other technologies of third parties; (iv) result from any misuse of the PIQQIT.STORE Marketplace by the Seller or by third parties; (v) result from incompatibility with the Seller's systems or that depend on actions under the seller's responsibility; or (vi) arise from PIQQIT.STORE's lawful interruption or cancellation of the right conferred on Seller to use the PIQQIT.STORE Marketplace. In any case, the responsibility of PIQQIT.STORE will be limited to the reimbursement of the amount payable to the Seller during the two months prior to the date of the default and is restricted to damages that are directly attributable to it, so expressly excluding lost profits and emerging damage. PIQQIT.STORE will not be responsible for sales concluded between Sellers and Customers within the scope of the PIQQIT.STORE Marketplace. Any claim related to the products and their delivery that is brought to the attention of PIQQIT.STORE will be transmitted to the Seller in question who will assume full responsibility.
9. Intelectual Property
Intellectual property rights mean, for this purpose, distinctive signs of trade in goods and services, designations, logos, patents, utility models and other industrial property rights, design or configuration rights, registered or unregistered, rights relating to databases and all similar rights, anywhere in the world, including the right or priority to register such rights. The Seller will not be able to use the intellectual property rights of PIQQIT.STORE. Nothing in these Terms and Conditions will have the effect of transferring any intellectual property rights between the parties. The Seller assures PIQQIT.STORE that it has the right to use intellectual property rights necessary for the fulfillment of its obligations within the scope of the PIQQIT.STORE Marketplace and will be solely responsible for any act or omission by it that represents a violation of these intellectual property rights. The Seller warrants and undertakes not to publish anything on the PIQQIT.STORE Marketplace that violates or is likely to violate any intellectual property rights of PIQQIT.STORE or third parties and undertakes not to perform any act that could harm, limit or devalue PIQQIT.STORE's intellectual property rights. Neither party will use the other party's intellectual property rights without their prior written consent. The unauthorized or improper use of PIQQIT.STORE's intellectual property rights by the Seller constitutes a serious violation of these Terms and Conditions, so PIQQIT.STORE shall have the right to immediately terminate the Seller's registration on the PIQQIT.STORE Marketplace without prejudice to any other right that, by law or contract, is assigned to PIQQIT.STORE. All texts, comments, works, illustrations, works and images reproduced or represented on the PIQQIT.STORE website are its intellectual property and are protected by law. The Seller undertakes to comply with all obligations provided for in the Code of Copyright and Related Rights and related legislation.
These Terms and Conditions start on the date that the Seller has cumulatively accepted them and registered with PIQQIT.STORE. These Terms and Conditions will remain in effect until one of the parties denounces it, in whole or in part. These Terms and Conditions may also cease to have effect for non-compliance by one of the parties or for objective or subjective impossibility.
11. Jurisdiction and Applicable Law
These Terms and Conditions are governed by the legislation in force in the Portuguese legal system. All issues related to the interpretation and / or execution of these Terms and Conditions within the scope of the PIQQIT.STORE Marketplace, will be resolved preferentially through negotiation and, in the absence of an agreement, the parties agree as exclusively competent the Judicial Court of the District of Porto, with express waiver of any other.