Terms and Conditions of Use

These General Conditions apply to visitors to this website and are intended to regulate the terms and conditions governing the Service of sale of FFMS online products (“Service” or “Online Store”) by FUNDAÇÃO FRANCISCO MANUEL DOS SANTOS, with registered offices at Largo Monterroio Mascarenhas, n.º 1, 7.º piso, 1099 - 081 Lisboa, registered under single registry and legal person identification number 508 867 380, hereinbelow called " FFMS".

The Service consists of the provision, through the address https://www.ffms.pt/, of access to the Online Store which, as well as furnishing information concerning a series of products and/or services, enables the User to order online the products publicised in the Store, on the terms and conditions set out herein.

The details and information transmitted by the User will have full legal effect, the User recognising the online purchases and being unable to allege the lack of a signature as grounds for non-performance of the obligations accepted.

Browsing the website and also the purchase of any product in the online store entail acceptance by the User of these General Conditions.

FFMS reserves the right to amend these General Conditions with no prior notice, any changes being published on the website https://www.ffms.pt/.

Products

FFMS takes into consideration information on the essential characteristics of the products through technical descriptions shared by the respective suppliers or third parties, together with photographs and videos illustrating the products offered for sale, in strict compliance with the highest market standards, conveying them clearly to its customers on the page of each product and/or service offered.

FFMS shall make every endeavour to ensure that the information presented is free of typographical errors, which shall be rapidly corrected whenever they occur. If you purchase a product which has characteristics different from those presented online, your are entitled to terminate the contract of sale under the applicable terms of the law.

FFMS shall make every endeavour to send all the products ordered, but it is possible that, in certain cases, due to causes beyond FFMS’ reasonable control, such as human error or incidents in IT systems, one or more of the products ordered by the User cannot be supplied. If any product is not available after you have placed the order, you will be notified, by email or by telephone. You will be given the opportunity to cancel the order and to have any payment you may have made reimbursed.

Any information on prices, products, specification, promotional activities and services may be altered at any time by FFMS.

Prices, billing and payment

FFMS indicates clearly, on its website, the total price of each article, including tax and duty, supplementary transport charges, postal or delivery charges or any other charges that may be applicable.

Transport costs vary depending on the products to be delivered and the place of delivery, and are presented in the Order, prior to processing the payment.

The order states: the total price of the product, including tax and duty, discount, if applicable, as well as transport expenses or other applicable costs.

Shipment is free of charge for Mainland Portugal and Islands.

FFMS may not be held liable in the event of an IT, manual or technical error, or any other error, which causes an unforeseen substantial change to the retail price stated on the website, and accordingly in cases where such price is exorbitant or manifestly derisory, the purchase order shall be deemed invalid and cancelled and the customer shall be informed of this fact.

The prices and products offered on the website, together with the promotional campaigns and offers, are only valid for purchases made on the Foundation’s website.

The retail prices indicated on this website are presented in euros. VAT is included in all prices.

Means of payment

For the User’s convenience, FFMS offers on its website the following means of payment for products and/or services: Visa, MasterCard, Multibanco; MB Way; PayPal. 

1. All products and services marketed on this Online Store are compliant with Portuguese Law.
2. The Store has adequate levels of security, however, FFMS shall not be liable for any losses suffered by the User and/or by third parties, by virtue of delays, interruptions, errors and suspensions of communications which are caused by factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, by the IT system, by modems, by connection software or any computer viruses or resulting from the download through the service of files infected with or containing viruses or other properties that may affect the User’s equipment. If for any reason relating to access to the Online Store’s website it is impossible to provide the service, FFMS shall not be liable for any damages.
3. User is presumed to have consulted the data and information relating to this Service, exempting FFMS from any liability resulting from misuse or fraudulent use of the information obtained.
4. FFMS shall not be liable for any losses or damages caused by misuse of the Service which is not directly attributable to it as constituting wilful misconduct or gross negligence.
5. FFMS is not liable for any losses or damages resulting from non-performance or defective performance of the Service through no fault (wilful misconduct or gross negligence) of its own, and shall namely not be held liable for (i) errors, omissions or other inaccuracies relating to information provided through the Service; (ii) damages caused through the fault of the User or third parties, including infringements of intellectual property; (iii) non-performance or defective performance resulting from compliance with the decisions of the judicial or administrative authorities or (iv) non-performance or defective performance resulting from the occurrence of situations of force majeure, in other words, situations of an extraordinary or unforeseeable nature, external to FFMS and beyond its control, such as fires, power cuts, explosions, wars, riots, civil uprisings, government decisions, strikes, earthquakes, floods or other natural disasters or other situations beyond FFMS’s control that prevent or hinder performance of the obligations accepted.
6. FFMS does not guarantee that:
   1. the Service is supplied without interruption, safe or free of errors or that it functions endlessly;
   2. the quality of any product, service, information or any other material purchased or obtained through the service fulfils any expectation of the User in relation to the same;
   3. any material obtained in any way through use of the Service is used at User’s expense and risk, and User is solely liable for any damage caused to their system and IT equipment or by any loss of data resulting from that operation;
   4. no advice or information, either verbal or written, obtained by the User from or through the Service shall create any guarantee which is not expressly stated in these General Conditions.
7. The User hereby agrees that FFMS cannot be in any way be held liable for any damages, including, without limitation, damages from loss of profits, data, content or any other losses (even if it has been advised in advance by the User of the possibility of those damages occurring), resulting from:
   1. the use of, or the impossibility of using, the Service;
   2. the difficulty of obtaining any substitute goods/services;
   3. unauthorised access to or modification of data bases containing personal data.

1. The User hereby undertakes:
   1. To furnish correct personal data and addresses;
   2. Not to use false identities.
2. If any of that data is incorrect, or insufficient, and this results in a delay in or the impossibility of processing the order, or possible non-delivery, liability lies with the User, FFMS being held harmless. In the event of the consumer breaching any of these obligations, FFMS reserves the right to eliminate future purchases, to block access to the store, to cancel the supply of any other services provided simultaneously by FFMS to the same User; and, in addition, not to allow any future access by the User to any services offered by FFMS.

1. FFMS hereby guarantees the confidentiality of all data furnished by the Users.
2. The personal data identified in the “shopping basket” purchasing form as required fields is essential for provision of the Service by FFMS. Users have sole and entire liability for any omission or inaccuracy in the data they furnish, and in the event of such omission or inaccuracy FFMS may refuse to provide the Service.
3. Users’ personal data shall be processed and stored on computer and shall be used by FFMS in connection with its contractual and/or commercial relationship with the Users and, where Users give their consent, for the sending of promotional communications of interest to them.
4. Under current personal data protection legislation, the User is assured, at no additional charge, the right of access to, rectification and erasure of their personal data, the right to object to use of that data, limitation of processing and portability of their data, for the purposes established in the preceding paragraph.
5. FFMS respects the privacy of Users and protection of their personal data. All and any information gathered on the website shall be kept confidential and shall not be provided to third parties without the user’s express prior consent.
6. Data provided by a User shall be processed solely in order to provide the services requested by that user and to improve their website experience, cfr. Privacy Policy and Cookies Policy.

• On User's request

The User may cancel their order by request to FFMS, by telephone or email, indicating the order number; cancellation will be accepted provided the order has not yet been processed. After processing, FFMS will try to deliver the order, but the User has the option of not accepting delivery.

For the purpose of cancellation, the User must indicate the following details to FFMS:

1. Order number;
2. Taxpayer Identification Number with which they made the order and delivery address.

• On FFMS’ decision

FFMS reserves the right not to process orders, when it finds any inconsistency in the personal data submitted or observes misconduct on the part of the purchaser. FFMS reserves the right not to process any order or reimbursement in the event of errors being detected in the product values and/or characteristics, when these are due to technical problems or errors beyond FFMS’ control.

1. Users who are consumers may exercise the right of termination without being required to pay any compensation, within 14 (fourteen) days of the day on which the consumer takes physical possession of the article. In order to exercise this right, the User may use the form indicated below, and must indicate their full identity details, the service subscribed which they wish to terminate and the subscription date. Such notice must be served, by letter, by returning the article acquired, or by other appropriate means, for which evidence can be produced, within the time limit established above. The consumer must return the goods to FFMS unused and in perfect condition within 14 (fourteen) days of the date of notice of termination.
2. After receipt of returned goods at FFMS, the amount corresponding to the amount paid for the order (invoice value of sale) shall be refunded to the User. If a promotional discount code has been used, that amount shall not be refunded, in other words, only the amount actually paid shall be reimbursed.
3. The method for reimbursement of the refundable amount depends on the payment method used in the respective order. In the case of payment by credit card and PayPal, refunds shall be credited to the respective accounts. In other cases, when the bank account number (NIB) is furnished, the refund is made to the bank account indicated. Refunds are made within 14 (fourteen) days of receipt of the statement of intention of free termination and receipt of the returned goods.
4. Products sent free of charge, by way of special gifts or bonuses, shall not be refunded.

1. The Online Store is a registered website and the Service provided by the website itself is the responsibility of FFMS.
2. The User acknowledges that the Service contains confidential information and is protected by Copyright and Connected Rights, industrial property and other applicable legislation.
3. The User acknowledges that any content that is contained in the advertising, feature, promotion or wording of any sponsor or advertising is protected by the laws on copyrights and connected rights, by the laws on industrial property and other laws protecting property, and so that content can only be used with the express consent of the holders of those rights.
4. The User hereby undertakes to respect in full the rights referred to in the preceding paragraph, namely by refraining from any acts that may breach the law or the said rights, such as the reproduction, offering for sale, transmission or public provision of those contents or any other unauthorised acts involving those contents.

1. The User hereby undertakes to comply with all the applicable legal provisions, in particular, not to commit or incite others to commit unlawful or morally offensive acts, such as spamming in breach of the provisions of the legislation applicable to personal data processing and advertising communications using automatic calling machines, and must also comply with the rules on use of the Service, on pain of FFMS suspending or deactivating the Service under the terms of item 10.
2. The User expressly acknowledges and accepts that the IP Network is a public electronic communications network which can be used by several users, and, as such, subject to computing overloads, and accordingly FFMS does not guarantee provision of the Service without interruptions, information losses or delays.
3. FFMS likewise does not guarantee provision of the Service in situations of unforeseeable overload of the systems over which it is provided or situations of force majeure (situations of an extraordinary or unforeseeable nature, external to FFMS and beyond its control).
4. In the event of Service provision being interrupted due to unforeseeable overload of the systems supporting it, FFMS undertakes to restore provision as soon as possible.

1. Irrespective of any prior or subsequent notification, FFMS may, at any time, and at its sole discretion, discontinue provision of the Service to one or all Users.
2. FFMS further reserves the right to suspend or discontinue immediately access to the Service, in the following cases:
   1. When the User does not comply with the conditions of use set out in item 4 and others contained in the General Conditions;
   2. When FFMS discontinues access to the Store, by means of prior notice, 15 (fifteen) days in advance of the date of cessation.
3. Suspension or cessation of Service by FFMS on the terms of the preceding paragraphs does not entitle the User or third parties to any compensation or other indemnity, and FFMS shall not be held liable or in any way subject to a charge, as a consequence of the suspension or cancellation of the Service.

1. Notwithstanding the provisions of the following paragraph, FFMS may alter the Service and/or the technical terms of provision of the same, as well as the respective rules of use, and must disclose those changes to the User no less than 15 (fifteen) days in advance.
2. The version of these General Conditions and the respective annexes in force from time to time is available at the website https://www.ffms.pt/.

1. Whenever FFMS deems it necessary or convenient to optimise the browsing experience and/or to improve the connectivity conditions, it may reformulate the network configurations remotely.
2. Notwithstanding the provisions of the following paragraphs, and in view of the innovative character of the Service and the technological developments to which it may be subject, FFMS may alter the technical configurations whenever this proves convenient in order to adapt it to any technological advances.
3. FFMS does not guarantee the User execution of any upgrades or improvements to the Service.

1. The User may submit any contractual disputes to the arbitration and mediation procedures which are or may in future be legally constituted, and may also complain to FFMS against acts and omissions in breach of the legal provisions applicable to the purchase of goods.
2. Any complaint must be submitted within 30 (thirty) days, as from the date on which the User learns of the facts, and is registered in the computer systems of FFMS, which must decide on the complaint and notify the party concerned within 30 (thirty) days of the date of receipt of the complaint.
3. For Claims and Complaints relating to purchases you can contact FFMS by sending an email to apoioaocliente@ffms.pt. For further information, consult the website of the Direção-Geral do Consumidor (Consumer Protection Department), at www.consumidor.pt.

In the event of disputes initiated by a consumer against a supplier of goods or service provider, relating to contractual obligations arising from sale or service contracts, entered into between a supplier of goods established and consumers resident in Portugal and the European Union, the consumer may have recourse to a Consumer Disputes Resolution Body (under the provisions of Article 18 of Law 144/2015, of 8 September).

FFMS works with the following Consumer Disputes Resolution bodies in Portugal:

• “Braga” CIAB www.ciab.pt;
• “Coimbra” CACCDC www.centrodearbitragemdecoimbra.com;
• “Lisboa” CACCL www.centroarbitragemlisboa.pt;
• “Madeira” CACCM www.srrh.gov-madeira.pt;
• “Porto” CICAP www.cicap.pt;
• Others” CNIACC www.arbitragemdeconsumo.org.

For further information, consult the tab “online Dispute Resolution”, available at Portal do Consumidor.

In the case of online consumer disputes, both national and cross-border, the consumer may have recourse to the European Consumer Centre through the European Online Dispute Resolution Platform (ODR) which has powers to resolve disputes concerning contractual obligations arising from online sales or service contracts.

All purchases made on this website are subject to Portuguese legislation. Any dispute or disagreement as to the interpretation of these General Conditions shall be submitted to the competent Portuguese Court.

These General Conditions were updated on 01.08.2022.