Terms And Conditions Of Service Vortal Online Store
Welcome to VORTAL Store. These Terms and Conditions define the rules and regulations for the use of the VORTAL Store website. The VORTAL Store is located at https://store.vortal.biz/.
1. SCOPE AND OBJECT OF THE TERMS AND CONDITIONS
1.1 These General Conditions are intended to, along with the order form and other elements referred to therein, regulate the terms and conditions governing the provision of the VORTAL Store Online Service (“Service” or “Store”) by VORTAL – COMÉRCIO ELECTRÓNICO, CONSULTADORIA E MULTIMÉDIA, S.A., headquartered at Centro Comercial Brasília, Praça Mouzinho de Albuquerque, n.º 113, 5.º, 4100-359 Porto, with the unique registration and corporate identification number 505141019, with a share capital of €1,111,111.20, hereinafter referred to as “VORTAL.” If you need to contact us, you can do so via email at info@vortal.biz.
1.2 The Service consists of providing access to the Online Store through the electronic address www.store.vortal.biz, which, in addition to providing information related to a set of products and services, hereinafter referred to as “Service,” allows the User to electronically order digital products and services related to VORTAL’s activity, particularly related to electronic contracting in the public and private markets, under the terms and conditions described here.
1.3 The VORTAL Store is not intended to sell to the final consumer/individual consumer. 1
1 Under the provisions of paragraph 1 of Article 2 of the Consumer Protection Law (Law No. 24/96, of July 31), a consumer is defined as anyone to whom goods are supplied, services are provided, or any rights are transferred, intended for non-professional use, by a person who engages in an economic activity of a professional nature with the aim of obtaining benefits.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1 The use of the website www.store.vortal.biz and the purchase of products and services through it are subject to these Terms and Conditions.
2.2 By using the website and/or ordering products and services through it, the User is accepting and agreeing to these Terms and Conditions.
2.3 If you do not agree with all of these Terms and Conditions, you should not use the website.
2.4 The elements and information transmitted by the User will have full legal effect, with the User recognizing electronic acquisitions and not being able to claim the lack of a signature as a reason for non-compliance with the obligations assumed.
3. CHANGES TO THE TERMS AND CONDITIONS
3.1 We reserve the right to change these Terms and Conditions at any time without prior notice.
3.2 The User should regularly review the Terms and Conditions to stay informed of any changes.
4. COOKIES
4.1 We use cookies, and by using the VORTAL Store website, you consent to the use of cookies in accordance with VORTAL Store’s cookie policy.
4.2 Cookies are used in some areas of our site to enable the functionality of this area and facilitate visitor use.
5. PRODUCT AND SERVICE INFORMATION AND CONTENT
5.1 VORTAL will make every effort to ensure that the information presented does not contain typographical errors. These will be corrected promptly whenever they occur.
5.2 VORTAL will make every effort to provide all ordered products and services, but it is possible that, in certain cases, due to causes not attributable to or difficult for VORTAL to control, such as human errors or issues with computer systems, it may not be possible to provide some of the products and services ordered by the User. If any product is unavailable after the order has been placed, the User will be notified by email. At that time, the User will be given the option to cancel the order with a corresponding refund if payment has already been made.
5.3 VORTAL reserves the right to unilaterally modify prices, product specifications, promotional offers, and services at any time..
6. PRODUCTS,SERVICES AND PRICES
6.1 The products and services are intended for companies and entities, both public and private, that wish to acquire them.
6.2 The VORTAL Store is not intended to sell to the final consumer/individual consumer. 1
6.3 The VORTAL Store sells periodic subscription services, such as advanced service plans or others, as well as one-time purchase products, such as time stamps, digital certificates, training, among others.
6.4 The VORTAL Store sells its own products and/or services, as well as resells products and services from third parties, including digital certificates and time stamps from Digitalsign.
6.5 The price of the products and services is indicated on the website and does not include VAT. The VAT amount will be added to the price of the products and services indicated on the website at the legal rate in effect in Portugal.
6.6 The price of the products and services indicated on the website includes all costs associated with the order, including shipping and other charges.
7. PAYMENT
7.1 Payments are processed through the service provider Ifthenpay.
7.2 The User is obliged to become familiar with and expressly agree to the respective terms and conditions of use and privacy policy of the service provider, available at https://ifthenpay.com/.
7.3 The payment methods provided by Ifthenpay for one-time purchase products are: MB Reference, MBWay, and Credit Card.
7.4 For subscription services, an online sales form is presented to the User, in which they confirm the subscription of the service through the Confirmsign technology solution. The User is obliged to become familiar with and expressly agree to the respective terms and conditions of use and privacy policy of the Confirmsign technology solution, if applicable, available at https://confirmsign.com/. The contract is signed digitally.
8. ACTIVATION, DELIVERY, AND INVOICING OF PRODUCTS AND SERVICES
8.1 For digital products and services sold, the activation period by VORTAL is 3 (three) business days after the purchase of the digital product(s) and/or service(s).
8.2 In the case of physical products, such as USB certificates and Smartcards provided by Digitalsign, which complement the services resold by VORTAL, the issuance and shipment period by the Digitalsign supplier is 2 (two) business days after Digitalsign has received all the necessary documentation for the User’s purchase process and payment for the products. In addition to the shipment by Digitalsign, the delivery time by the respective distributor must also be considered.
8.3 VORTAL is not responsible for any delays or failures in the activation of services or delivery of products caused by circumstances that are not directly attributable to it, but commits to making every effort with its suppliers to ensure the proper activation of services and receipt of products.
8.4 After the validation and activation of the products and/or services, the User will receive an invoice for the products and/or services purchased via email within a maximum of 5 (five) business days.
9. RESPONSIBILITIES
9.1 All products and services sold on the VORTAL Store Online Store comply with Portuguese law.
9.2 The Store has appropriate security levels; however, VORTAL does not guarantee that the website is free from errors, viruses, or other harmful components, and VORTAL will not be responsible for any damages suffered by the User and/or third parties due to delays, interruptions, errors, and suspensions of communications originating from factors beyond its direct control, including any deficiencies or failures caused by the communication network or communication services provided by third parties, by the computer system, by the connection software, or by potential computer viruses or resulting from downloading infected files through the service or containing viruses or other properties that may affect the User’s equipment. If, for any reason, there is an error in accessing the VORTAL Store Online Store website, which results in the inability to provide the service or supply products, VORTAL will not be liable for any direct or indirect damages, notwithstanding VORTAL’s commitment to make every effort to ensure the proper and prompt provision of services and supply of products.
9.3 The data and information provided and accessed through this Service are presumed to be made by the User, and VORTAL disclaims any responsibility arising from the abusive or fraudulent use of the information provided and obtained.
9.4 VORTAL will not be responsible for any losses or damages caused by the abusive use of the Service that is not directly attributable to it through willful misconduct or gross negligence.
9.5 VORTAL is not responsible for losses or damages resulting from the failure or defective performance of the Service when it is not directly or indirectly attributable to it through willful misconduct or gross negligence, particularly not being liable for (i) errors, viruses, or other harmful components, omissions, or other inaccuracies in the information provided by the User through the Service; (ii) damages caused by the User’s or third parties’ fault, including intellectual property violations; (iii) non-performance or defective performance resulting from compliance with judicial or administrative authority decisions; or (iv) non-performance or defective performance resulting from extraordinary or unforeseeable situations, external to VORTAL, 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 beyond VORTAL’s control that prevent or impair the fulfillment of its obligations.
9.6 VORTAL does not guarantee that: (i) The Service will be provided uninterruptedly when there are extraordinary or unforeseeable situations not attributable to VORTAL; (ii) The Service will be error-free or operate indefinitely; (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 system and computer equipment or any loss of data resulting from this operation; (iv) No information, whether oral or written, obtained by the User from or through the Service will create any guarantee not expressly stated in these General Conditions.
10. USER OBLIGATIONS
10.1 The User agrees to:
(i) Provide correct data and addresses;
(ii) Not use false identities;
(iii) Respect the imposed order limits;
(iv) Not Share Personal Data: Maintain the confidentiality of their personal data and not share their access credentials with third parties;
(v) Provide True Information: Ensure that all information and data provided to VORTAL are accurate, complete, and truthful;
(vi) Not Enter Incorrect Information or Data: Not input false or incorrect information into VORTAL’s systems;
(vii) Not Upload Viruses or Malicious Software: Refrain from uploading, introducing, or spreading viruses, malware, or any other malicious software that may compromise the security and integrity of VORTAL’s or third parties’ systems;
(viii) Comply with Applicable Law: Adhere to all applicable laws and regulations while using VORTAL’s services;
(ix) Use the Services Appropriately: Use VORTAL’s services exclusively for lawful purposes and in accordance with the established terms and conditions;
(x) Respect Intellectual Property Rights: Not violate VORTAL’s and/or third parties’ intellectual property rights, not using, copying, or distributing protected materials without proper authorization; (xi) Refrain from Engaging in Reverse Engineering: Refrain from reverse engineering, decompiling, disassembling, or attempting to obtain the source code of VORTAL’s services or products;
(xii) Report Suspicious Activities: Immediately inform VORTAL of any unauthorized use of their access data or any other security breach they become aware of.
10.2 If any data is incorrect or insufficient, leading to a delay or inability to process the order, or eventual non-activation, the responsibility lies with the User, and VORTAL declines any responsibility. If the User violates any of these obligations, VORTAL reserves the right to cancel future purchases, block access to the Store, cancel the provision of any other services simultaneously provided by VORTAL to the same User, and also prevent the User from accessing any of the services provided by VORTAL in the future.
10.3 The use of the purchased products and services for commercial purposes, particularly for resale, is expressly prohibited.
11. PRIVACY AND PERSONAL DATA PROTECTION
11.1 The provision of the Service implies VORTAL’s access to the Users’ personal data, with VORTAL ensuring their confidentiality.
11.2 VORTAL guarantees compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, concerning the protection of natural persons regarding the processing of personal data and the free movement of such data (“GDPR”), as well as other applicable legislation.
11.3 The object, duration, nature, and purpose of processing, the type of personal data, and the categories of data subjects are specified in VORTAL’s Privacy Policy, available at https://www.vortal.biz/pt-pt/personal-data-protection-policy/.
11.4 The personal data identified in the order form as mandatory are essential for the provision of the Service by VORTAL. The omission or inaccuracy of the Data provided by the User is their sole responsibility and may result in VORTAL’s refusal to provide the Service.
11.5 The User’s personal data will be processed and stored electronically and are intended to be used by VORTAL within the scope of the contractual and/or commercial relationship with the User, as provided in VORTAL’s Privacy Policy, available at https://www.vortal.biz/pt-pt/personal-data-protection-policy/.
11.6 The User is obligated to read and expressly agree to the terms and conditions of use and the Privacy Policy in effect at VORTAL, available at https://www.vortal.biz/pt-pt/personal-data-protection-policy/.
11.7 Under applicable law, the User is guaranteed, without additional cost, the right to access, rectify, delete, update, and port their personal data, either directly or by written request, as well as the right to object to and limit the use of such data for the purposes provided. For this, they should contact the entity responsible for processing personal data via email at privacidade@vortal.biz.
11.8 The Internet is an open network, so the User’s personal data, other personal information, and all content hosted on the Service may circulate on the network without security conditions, potentially becoming accessible and used by unauthorized third parties, for which VORTAL cannot be held responsible.
11.9 VORTAL will require its suppliers and service providers to respect the obligation of confidentiality of all personal data provided by Users and to guarantee compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, concerning the protection of natural persons regarding the processing of personal data and the free movement of such data (“GDPR”), and other applicable legislation, as well as to provide sufficient guarantees for the implementation of appropriate technical and organizational measures to ensure that processing meets the requirements set out in the GDPR and protects the rights of data subjects.
11.10 Concerning personal data provided directly by Users to Digitalsign or other VORTAL suppliers, it is the sole responsibility of the latter to ensure strict compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, concerning the protection of natural persons regarding the processing of personal data and the free movement of such data (“GDPR”), as well as other applicable legislation. They are exclusively responsible for adopting appropriate technical and organizational measures to ensure that processing meets the requirements set out in the GDPR and protects the rights of data subjects.
12. PROCESSING OF PERSONAL DATA IN SUBCONTRACTING
12.1 The provision of the Service by VORTAL also involves the performance of personal data processing operations by VORTAL service providers on its behalf, regulated by a written contract between VORTAL and each subcontractor, in accordance with Article 28, paragraphs 3 and 9 of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 (“General Data Protection Regulation” or “GDPR”).
12.2 Under Article 28, paragraphs 1 and 3 of the GDPR, VORTAL commits to using only subcontractors who provide sufficient guarantees for the implementation of appropriate technical and organizational measures to ensure that processing meets the requirements set out in the GDPR, protects the rights of data subjects, and ensures that data is processed only under documented instructions from VORTAL, as the controller, on its behalf.
12.3 VORTAL ensures that the transfer of personal data under the Service complies with applicable data protection legislation, ensuring, among other things, that it meets the grounds for the lawfulness of processing.
12.4 Subcontractors commit to processing personal data confidentially, using them exclusively for the purposes and under the terms provided in the Service, except in legally provided cases, particularly committing to:
a) Process personal data only under documented instructions from VORTAL, especially regarding the characteristics of the processing, the categories of data processed, and the universe of data subjects covered, unless required by law, in which case they must inform VORTAL of the fulfillment of this obligation before processing, unless the law prohibits such information for important public interest reasons;
b) Ensure that persons authorized to process personal data have committed to confidentiality or are subject to appropriate legal confidentiality obligations;
c) Adopt, as far as possible and considering the nature of the processing, appropriate technical and organizational measures to ensure a level of security appropriate to the risk of processing;
d) Considering the nature of the processing and as far as possible, assist VORTAL, upon its request, through appropriate technical and organizational measures, to allow it to fulfill its obligation to respond to requests from data subjects regarding the exercise of their rights;
e) Cooperate with VORTAL, upon its request, to ensure compliance with data security obligations, always considering the nature of the processing and the information at its disposal;
f) After completing the underlying supply to the processing, return or destroy all personal data following VORTAL’s documented instructions unless the subcontractor is required to retain them by law;
g) Provide VORTAL with all necessary information to demonstrate compliance with legal obligations and immediately inform it when the subcontractor believes an instruction violates the GDPR or other legal provisions on data protection;
h) Allow audits, including inspections, carried out by VORTAL or a third party mandated by it;
i) Inform VORTAL as soon as possible, and without undue delay, whenever: any violation of its obligations regarding technical and organizational security measures occurs, or when it is unable to fulfill these obligations; any competent authority, including courts, law enforcement agencies, or Control Authorities, demands access to personal data, and cooperate with VORTAL and act in response to such demands upon request and according to the instructions received from VORTAL;
j) Provide VORTAL, as soon as possible and without undue delay, with access to personal data, allowing their copying, modification, updating, or deletion, as reasonably requested by VORTAL.
12.5 Subcontractors are responsible for paying any fines, penalties, compensation, damages, and/or losses they may be liable for due to acts attributable to them within the scope of the improper use of personal data collected and/or processed, which shall be considered any that are not executed precisely as per the documented instructions given by VORTAL.
13. ORDER CANCELLATION AND REFUND
13.1 VORTAL reserves the right not to process orders if any inconsistency is found in the data provided or if it observes any misconduct by the User.
13.2 VORTAL reserves the right not to process any order or issue a refund in cases of technical errors in the ordering process, depending on the applicable situation.
13.3 Under the previous paragraph, the refund will be made by returning the paid price to the User’s IBAN. To do so, the User must submit the respective request to the VORTAL Store via email at info@vortal.biz, with the subject “VORTAL STORE REFUND – Order No. [insert number],” and attach proof of payment and nominative IBAN proof of the User.
14. WARRANTY AND DEFECT CLAIMS
14.1 The User may cancel the transaction based on defects in the product or service, provided they:
- Report the defect or lack of quality of the product and/or service to VORTAL, unless there is intent by the User, via info@vortal.biz;
- The report must be made within a maximum period of 30 (thirty) days after the defect is discovered and within 6 (six) months after the service activation or product delivery.
14.2 The deadlines mentioned in the previous paragraph also apply to the User’s request to have the product repaired or replaced, reduce the price, or pay compensation.
14.3 The complaint must be made in writing to the VORTAL Store via email at info@vortal.biz, with the subject “VORTAL STORE DEFECT CLAIM – Order No. [insert number],” describing the situation and attaching proof of payment.
14.4 VORTAL will contact the User by phone within a maximum period of 2 (two) business days from the date of receipt of the complaint.
14.5 In case of cancellation, the User must return the product to VORTAL, preferably in its original packaging and condition, if possible. VORTAL will issue a refund for the canceled transaction following the procedure provided in section 13.
15. FORCE MAJEURE
15.1 Neither Party shall be responsible for non-compliance with obligations arising from the Service when caused by force majeure or fortuitous events.
15.2 Situations that constitute force majeure or fortuitous events include, but are not limited to, fires, wars, embargos, blockades, insurrections, epidemics, floods, earthquakes, landslides, strikes, civil or military acts, explosions, energy or fuel shortages, unavailability of communications services, interruptions or defects in telecommunications services or power supply, public authority measures or omissions that prevent or delay the execution of the Service, as well as all causes beyond the reasonable control of the Parties.
15.3 Force majeure does not release the Parties from the responsibility to fulfill their obligations as soon as possible after the termination of the event that gave rise to the delay.
16. APPLICABLE LAW AND JURISDICTION
16.1 The General Terms and Conditions and all legal relationships established under the Service shall be governed exclusively by the laws of Portugal.
16.2 The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by multiple users, and as such, is subject to potential overloads. Therefore, VORTAL does not guarantee uninterrupted service, nor does it guarantee against data loss or delays.
16.3 VORTAL also does not guarantee the provision of the Service in situations of unforeseeable system overloads or force majeure (situations of an extraordinary or unpredictable nature, external to VORTAL and which cannot be controlled by it).
16.4 In the event of an interruption of the Service due to unforeseeable system overloads, VORTAL commits to restoring its operation as soon as possible.
17. SUSPENSION AND DISABLING OF THE STORE SERVICE
17.1 Regardless of any prior or subsequent communication, VORTAL may, at any time and at its sole discretion, discontinue access to the online Store for one or all Users.
17.2 VORTAL also reserves the right to immediately suspend or terminate access to the Store, particularly in the following cases: (a) When the User does not comply with the terms of use and other conditions referred to in the General Conditions; (b) When VORTAL discontinues access to the Store, with prior notice at least 15 (fifteen) days before the termination date.
17.3 The suspension or termination of the Service by VORTAL under the previous terms does not entitle the User or third parties to any compensation or other form of reparation. VORTAL shall not be held liable or in any way responsible for any consequences resulting from the suspension, cancellation, or termination of the Service.
17.4 In the situations described above, VORTAL will notify the User in advance, allowing them to safeguard the contents of their order viewing area within 3 (three) business days from the date of the email or the information provided on the main Service page.
18. COMMUNICATIONS
18.1 Without prejudice to other forms of communication provided for in these General Conditions, notifications to the User related to the Service, including any amendments to these General Conditions, may be made to the User’s email address.
18.2 The User agrees to receive all communication and/or notifications related to the Online Store at the address, contact phone number, or email address provided during the order process.
19. TECHNICAL CONFIGURATIONS
19.1 Without prejudice to the following provisions, VORTAL may alter the Service provided by the Store and/or the technical conditions of its provision, as well as the respective usage rules of the Store.
19.2 Whenever VORTAL deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reconfigure network settings.
19.3 Without prejudice to the following provisions, considering the innovative nature of the Service and potential technological developments, VORTAL may alter its technical configurations whenever it is deemed convenient to adapt to such technological advancements.
19.4 However, VORTAL does not guarantee the User any upgrades or improvements in the Service provided by the Store.
20. DISPUTE RESOLUTION
20.1 The User may submit any contractual conflicts to the arbitration and mediation mechanisms that are or may be legally established, as well as file a complaint with VORTAL regarding acts and omissions that violate the applicable legal provisions on the purchase of goods and services.
20.2 The complaint must be submitted within a maximum period of 30 (thirty) days from the User becoming aware of the facts, to the email address info@vortal.biz. It will be registered in VORTAL’s information systems, and VORTAL must decide on the complaint and notify the interested party within a maximum of 30 (thirty) days from the date of its receipt.
21. REQUEST FOR INFORMATION
If you need any further clarification about the Terms and Conditions or any other matter, please contact us via email at info@vortal.biz.
22. APPLICABLE LAW AND JURISDICTION
22.1 These Terms and Conditions are governed by Portuguese law.
22.2 For the resolution of any disputes arising from the Service covered by these Terms and Conditions, the courts of the district of Lisbon shall have jurisdiction, with the express waiver of any other.
Version 01. Published on August 4, 2024