Terms and Conditions of Use

These General Terms and Conditions apply to visitors to this website and are intended to govern the terms and conditions applicable to the provision of the Online Product Sales Service of FFMS (“Service” or “Online Store”) by FUNDAÇÃO FRANCISCO MANUEL DOS SANTOS, with registered office at Largo Monterroio Mascarenhas, n.º 1, 7th floor, 1099-081 Lisbon, and legal entity number 508867380, hereinafter referred to as “FFMS".

The Service consists of making available, through the address https://www.ffms.pt/, access to the Online Store which, in addition to providing information on a range of products and/or services, enables the User, by electronic means, to order the products disclosed therein, under the terms and conditions described herein.

The elements and information transmitted by the User shall have full legal effect, and the User acknowledges electronic purchases and may not invoke the absence of a signature as grounds for non-performance of the obligations assumed.

Browsing the website, as well as purchasing any product in the online store, implies the User’s acceptance of these General Terms and Conditions.

FFMS reserves the right to amend these General Terms and Conditions without prior notice, with any amendments being published on the website https://www.ffms.pt/.

Products

FFMS takes into account information relating to the essential characteristics of the products through technical descriptions shared by its suppliers or by third parties, and photographs and videos illustrating the products marketed, in strict compliance with best market standards, and communicates such information clearly to its customers on the page of each product and/or service it makes available.

FFMS will make every effort to ensure that the information presented does not contain typographical errors, and any such errors will be corrected promptly whenever they occur. If you purchase a product with characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms.

FFMS will make every effort to ship all products ordered, but it is possible that, in certain cases and due to causes that are difficult for FFMS to control, such as human errors or incidents in computer systems, it may not be possible to make available some of the products ordered by the User. If any product is unavailable after the order has been placed, you will be notified by email or by telephone. At that time, you will be offered the option to cancel the order with the corresponding refund, if you have already made the relevant payment.

All information on prices, products, specifications, promotional campaigns and services may be changed at any time by FFMS.

Prices, invoicing and payment

FFMS clearly makes available on its website the total price of each good, including fees and taxes, additional transport charges, postal or delivery costs, or any other charges that may apply.

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

The order will display: the total price of the product, including fees and taxes, any discount, if applicable, as well as transport costs or other applicable costs.

Shipping costs are free for Mainland Portugal and the Islands.

FFMS may not be held liable in the event of a computer, manual, technical or other error that causes an unforeseen substantial change in the retail price shown on the website; therefore, where the price is exorbitant or manifestly derisory, the purchase request shall be considered invalid and cancelled, and the customer shall be informed of that fact.

The prices and products made available on the website, as well as promotional campaigns and offers, are valid only for purchases made through the Foundation’s website.

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

Payment methods

For the User’s convenience, FFMS makes the following payment methods available on the website for products and/or services: Visa card, Mastercard, Multibanco, MB Way and PayPal.

1. All products and services marketed in this Online Store comply with Portuguese law.
2. The Store has appropriate security levels; however, FFMS shall not be liable for any losses suffered by the User and/or by third parties due to delays, interruptions, errors and suspensions of communications originating from factors beyond its control, including 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 arising from the downloading through the Service of infected files or files containing viruses or other properties that may affect the User’s equipment. If, for any reason, an access error to the Online Store website makes it impossible to provide the Service, FFMS shall not be liable for any losses.
3. Data and information queries carried out within the scope of this Service shall be presumed to have been carried out by the User, releasing FFMS from any liability arising from abusive or fraudulent use of the information obtained.
4. FFMS shall not be liable for any losses or damages caused by abusive uses of the Service that are not directly attributable to it by way of willful misconduct or gross negligence.
5. FFMS is not liable for losses or damages arising from non-performance or defective performance of the Service where such non-performance is not directly or indirectly attributable to it by way of willful misconduct or gross negligence, and in particular shall not be liable for (i) errors, omissions or other inaccuracies relating to information made available through the Service; (ii) damages caused by fault of the User or third parties, including infringements of intellectual property, (iii) non-performance or defective performance resulting from compliance with decisions of courts or administrative authorities, or (iv) non-performance or defective performance resulting from force majeure events, meaning events of an extraordinary or unforeseeable nature, external to FFMS and beyond its control, such as fires, power outages, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods or other natural disasters or other situations not controllable by FFMS that prevent or impair the performance of the obligations assumed.
6. FFMS does not warrant that:
   1. the Service will be provided uninterruptedly, will be secure, error-free or will operate indefinitely;
   2. the quality of any product, service, information or any other material purchased or obtained through the Service will meet any expectation the User may have in relation to it;
   3. any material obtained in any way through use of the Service is used at the User’s own account and risk, and the User shall be solely responsible for any damage caused to the User’s computer system and equipment or for any loss of data resulting from that operation;
   4. 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 Terms and Conditions.
7. The User accepts that FFMS may in no way be held liable for any damage, including but not limited to damages for loss of profits, data, content or any other losses (even if the User has previously advised it of the possibility of such damage), resulting from:
   1. use of, or inability to use, the Service;
   2. difficulty in obtaining any substitute goods/services;
   3. unauthorized access to, or alteration of, personal data.

1. The User undertakes to:
   1. Provide correct personal data and addresses;
   2. Not use false identities;
2. If any of the data is incorrect or insufficient and, for that reason, there is a delay or impossibility in processing the order, or any non-delivery, the User shall be responsible, and FFMS shall be exempt from any liability. If the consumer breaches any of these obligations, FFMS reserves the right to cancel future purchases, block access to the store, cancel the provision of any other services simultaneously made available by FFMS to the same User and, further, not allow the User future access to any or all services made available by FFMS.

1. FFMS guarantees the confidentiality of all personal data provided by data subjects.
2. The personal data identified in the purchase form «shopping cart» as being mandatory are necessary for the provision of the Service by FFMS. The omission or inaccuracy of the personal data provided by the data subject is the data subject’s sole and entire responsibility and may result in refusal by FFMS to provide the Service.
3. The data subject’s personal data will be processed and stored electronically and are intended to be used by FFMS within the scope of the contractual and/or commercial relationship with the data subject and, where the data subject has consented, to send promotional communications of interest to the data subject.
4. Under current personal data protection legislation, the data subject is guaranteed, without additional charges, the right of access, the right to rectification and the right to erasure of the data subject’s personal data, the right to object to its processing, the right to restriction of processing and the right to data portability, for the purposes provided for in the preceding paragraph.
5. FFMS respects the data subject’s privacy and the protection of the data subject’s personal data. Any and all information collected on the website will be kept confidential and will not be disclosed to third parties without the data subject’s prior explicit consent.
6. The data made available by the data subject will be processed exclusively to provide the services requested by the data subject and improve the data subject’s experience on the website, cf. Privacy Policy and Cookie Policy.

• At the User’s request

The User may cancel the User’s order by requesting cancellation from FFMS by telephone or email, stating the order number; such cancellation will be accepted provided that the order has not yet been processed. After it has been processed, FFMS will attempt to deliver it, but the User has the option not to accept it.

For cancellation purposes, the User must provide the following data to FFMS:

1. Order number;
2. Tax identification number used to place the order and delivery address.

• By decision of FFMS

FFMS reserves the right not to process orders where it detects any inconsistency in the personal data presented or observes misconduct by the buyer. FFMS reserves the right not to process any order or refund where errors are found in the values and/or characteristics of the products, when these arise from technical problems or errors beyond FFMS’s control.

1. Where the User is a consumer, the User 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 good. To exercise this right, the User may use the template indicated below and must provide all identification details, the subscribed service from which the User wishes to withdraw and the subscription date. Notice must be given by letter, by returning the purchased good, or by another appropriate means capable of proof within the period defined above. Within 14 (fourteen) days from the date of notice of withdrawal, the consumer must return the goods to FFMS in proper conditions of use.
2. After receipt of the return by FFMS, the amount corresponding to the amount paid by the User for the order (the sales invoice amount) will be returned to the User. If a promotional discount code was used, that amount will not be refunded; that is, the refund will be only for the amount actually paid.
3. The refund method for the amount to be returned depends on the payment method used for the relevant order. In the case of payments by credit card and PayPal, the amounts are credited to the respective accounts. In all other cases, when bank account identification information is provided, the refund is made to the bank account indicated. The refund is made within 14 (fourteen) days after receipt of the notice of free withdrawal and receipt of the returned good.
4. Products sent free of charge, in the form of gifts or bonuses, will 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 related rights, industrial property rights and other applicable legislation.
3. The User acknowledges that any content included in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, laws relating to industrial property and other property protection laws, and therefore any use of such content may occur only under express authorization from the respective rights holders.
4. The User undertakes to fully respect the rights referred to in the preceding paragraph, in particular by refraining from carrying out any acts that may violate the law or those rights, such as reproduction, marketing, transmission or making available to the public such content, or any other unauthorized acts concerning the same content.

1. The User undertakes to comply with all applicable legal provisions, in particular not to carry out or encourage the carrying out of unlawful acts or acts offensive to good morals, such as the indiscriminate sending of unsolicited communications (spamming) in breach of the provisions of the applicable legislation on the processing of personal data and electronic communications, and must also observe the rules for use of the Service, failing which FFMS may suspend or deactivate the Service under the terms provided for in clause 10.
2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network capable of being used by several users and, as such, subject to computer overloads; therefore, FFMS does not guarantee provision of the Service without interruptions, loss of information or delays.
3. FFMS likewise does not guarantee provision of the Service in situations of unforeseeable overload of the systems on which it is supported or force majeure (events of an extraordinary or unforeseeable nature, external to FFMS and beyond its control).
4. In the event of interruption of the provision of the Service due to unforeseeable overload of the systems on which it is supported, FFMS undertakes to regularize its operation as soon as possible.

1. Regardless of any prior or subsequent notice, FFMS may, at any time and at its sole discretion, discontinue making the Service and/or part of the Service available to one or all Users.
2. FFMS further reserves the right to suspend or immediately terminate access to the Service in the following cases:
   1. When the User does not observe the conditions of use referred to in clause 4 and other conditions referred to in the General Terms and Conditions;
   2. When FFMS terminates access to the Store, upon prior notice given 15 (fifteen) days before the termination date.
3. Suspension or termination of the Service by FFMS under the terms of the preceding paragraphs shall not give the User or third parties any right to compensation or other indemnity, and FFMS may not be held liable or otherwise burdened for any consequence resulting from the suspension, annulment or cancellation of the Service.

1. Without prejudice to the following paragraph, FFMS may change the Service and/or the technical conditions for its provision, as well as the respective rules of use, and must disclose such changes to the User at least 15 (fifteen) days in advance.
2. The version of these General Terms and Conditions and their annexes in force at any given time is available on the website https://www.ffms.pt/.

1. Whenever FFMS considers it necessary or appropriate to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate network configurations.
2. Without prejudice to the following paragraphs, and given the innovative nature of the Service and the technological developments to which it may be subject, FFMS may change its technical configurations whenever this proves appropriate to adapt it to any technological developments.
3. FFMS does not guarantee the User the implementation of any upgrades or improvements to the Service.

1. The User may submit any contractual disputes to arbitration and mediation mechanisms that are or may be legally established, and may also complain to FFMS regarding acts and omissions that breach the legal provisions applicable to the acquisition of goods.
2. The complaint must be submitted within a maximum period of 30 (thirty) days from the User’s knowledge of the facts, and will be registered in FFMS’s information systems; FFMS must decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.
3. For Complaints and Claims relating to purchases made, you may contact FFMS by email at apoioaocliente@ffms.pt. For more information, please consult the website of the Directorate-General for Consumers at www.consumidor.pt.

In the event of disputes initiated by a consumer against a supplier of goods or provider of services concerning contractual obligations arising from contracts for the sale and purchase of goods or provision of services entered into between the established supplier of goods and consumers resident in Portugal and the European Union, the consumer may refer the matter to a Consumer Dispute Resolution Entity (under the provisions of Article 18 of Law no. 144/2015 of 8 September).

FFMS uses the following Consumer Dispute Resolution entities in Portugal:

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

For additional information, please consult the “Online Dispute Resolution” tab available on the Consumer Portal.

In the event of national and cross-border consumer disputes in the online context, the consumer may refer the matter to the European Consumer Centre through the European Online Dispute Resolution (ODR) Platform (“online dispute resolution”), which has competence to resolve disputes relating to contractual obligations arising from online sales or service contracts.

All purchases made on this website are subject to Portuguese law. Any conflict or divergence in the interpretation of these General Terms and Conditions shall be submitted to the competent Portuguese court.

These General Terms and Conditions were updated on 01.08.2022.