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LUÍS FIGO FOUNDATION'S AUCTION SERVICE REGULATION


Terms and Conditions of Use

 

1. INTRODUCTION

1.1. The LFF's Auction Service, meant to exclusively auction goods or services to raise funds for the development of its benefit or sponsorship activities, according to its statuses, is regulated by these Terms and Conditions of Use.

1.2. After being acknowledged by he or she who may be interested, these TCU are part of each singular contract for services that is celebrated electronically between the LFF and those who may be interested, by means of accepting its Registration, which will only be considered when properly executed. With this registration, those interested will become a "Member" of the Auction Service.

1.3. In case these TCU are unilaterally altered by the LFF, the Member in question will be notified via e-mail, up to two weeks in advance (15 days), regarding the date at which those changes were applied.

1.4. If such is the case, the Member will be guaranteed the possibility to withdraw his registration as a Member before said changes occur, except when some negotiation in which he/she was a part of is pending.

 

2. MEMBER SUPPORT SERVICE

2.1. The Member Support Service is aimed at helping the Member in situations where he/she cannot fully understand how the Auction Service works, and the LFF does not guarantee that the Member will be provided with any services in any other matters, like configuring specific software, how to use said software, designing and programming personal pages and using and taking advantage of the Internet's potential, but only when it comes to using the LFF's website and the Auction Service function.

2.2. The Member Support Service consists in making instructions available, which are necessary to properly use the Service in question, after these are requested via e-mail to customer support, whose e-mail address is at the Auction Service webpage.

2.3. The instructions and information supplied by the Member Support Service are supplied in conformity with the elements supplied by the Member, which means the supposition in which those instructions or data are based in could turn out o be incorrect; in case that is true, the LFF is free of any responsibility for what the Member does what said instructions and information.

 

3. LEGITIMACY WHEN ACCESSING THE SERVICE

3.1. The LFF's Auction Service cannot be used by people who do not have full legal capability for the celebration of onerous contracts, and cannot be used by minors, except for the actions stated in Article 127 of the Portuguese Civil Code for those over 16 years of age.

3.2. The LFF will not be held responsible for the Member's inability to exercise his or her rights when bidding through the Auction Service, in case said inability is not possible to be verified when the Member signs up; in case there are any pending questions or issues, the LFF can request for the Member to send a copy of their ID so that they can certify their ability to bid and take responsibility for said bidding.

3.3. Those who may be interested in using this services should inform the LFF of any situation that may hinder their ability to bid.

3. 4. Those interested may only register once, and the LFF holds the right to prevent any further registrations; also, when other registrations appear, the LFF holds the right to not validate them.

3.5. Bearing in mind the ability to access the Auction Service, the LFF will make available a single username and password, previously chosen by the Member within the conditions set by the LFF, which guarantee the authenticity and confidentiality of this access, both of which can be later changed by the Member according to the LFF's TCU for this service.

3.6. The Member must keep his or her password as a confidential item, and cannot use an ID he or she does not own. The Member takes full responsibility for the operations executed with that username and password, including their usage by others, with or without permission, and takes full responsibility for not disclosing their password.

 

4. MEMBER RESPONSIBILITY

4.1. When using the Auction Service, the Member is obligated to not adopt behaviors that will go against the law, or that may cause any sort of harm to the interests and positions protected by law, which makes the member obligated to not disturb or degrade the quality of this service. Among others, the following are strictly forbidden:

a) to send messages or present purchasing offers for products our services that are not permitted by law, or advertising content that is violent, provocative, offensive, racist, profane or obscene, and could harm the privacy or other rights from third parties, or that may affect the Auction Service in a negative way;

b) to use someone else's identity other than his or her own or to forge or omit any form of identity, mainly in e-mail messages or as a bidder during auctions;

c) to advertise the sale, offer, trade or any to search for any copy or try to obtain the copy or copy form for any computer software, work of art or literature, or any other copyrighted material, regardless of the means in which it is used, as well as mechanisms to neutralize technological measures to protect these rights without the owner's consent, when applied;

d) to participate in pyramid schemes and chain mail;

e) to promote or provide information or products or services that may involve illegal activities;

f) to send unsolicited messages (spam) to buyers from a certain auction offering or promoting products or services that are equal or similar to those being bided.

4.2. In the information given through the Auction Service, the Member may not include advertising information or any other information that is not necessary to participate in said auctions, mainly in contact information such as e-mail address, telephone number, address and URLs, or any other contact information or ID elements that allow a direct contact with him or herself.

4.3. The Member must observe all the procedures established by the LFF to correctly use the Auction Service and should guide his or her actions through high standards of seriousness, by supplying information that is valid, truthful and up to date.

4.4. The purchasing offers made through bidding are irrevocable, unless:

a) The LFF is forced to change information regarding products or services to bid due to any incidental changes that imply a change in its characteristics and sale conditions, in which case the bids presented up to that moment may be revoked;

b) The bidding offer is below the minimum sale price, in which case the LFF may revoke its sale.

4.5. You are not allowed to participate in a bid for speculative purposes, which means, when your objective is to promote an increase or decrease in the product or service's price, whether by launching offers to buy or sell, or by implying or provoking those offers to be made; it is also not allowed, in any shape or form, to manipulate the auction process or to influence other users' behavior in the Auction Service, as well as any act that may imply an unjustified overload, or that may damage or interfere with the Auction Service's system.

4.6. The Member is not allowed to use any software, mechanism or manual process to monitor or reproduce, in total or partially, the continuous content on the Auction Service's webpages, without written consent by the LFF.

4.7. The Member takes full responsibility for his or her own bids, or by any information, messages or contents or any other data given out by him/her or a third party through the Auction Service, as long as certain information is provided (ID), thus assuring their validity, truthfulness, timeliness and compliance with the TCU.

4.8. The Member takes full responsibility for any transactions in the Auction Service, as well as complying with any laws that may apply.

4.9. In case the Member breaches any Law or any of the terms of this TCU, the LFF reserves the right to intervene in any irregular auction, by suspending it or cancelling it, and blocking any access to inappropriate contents and to remove them, to remove bidding offers and to restrict or suspend his/her contract and/or their participation in the Auction Service.

4.10. In order to allow the control of any illegal activities while using the Auction Service, the Member must accept participating in the Behavior (Feedback) Assessment System, described below.

4.11. In case there are any complaints from a third party or from a Member to the LFF, regarding another Member's actions in the Auction Service, the LFF must immediately inform the Member, via e-mail, that he/she takes full responsibility for it, thus freeing the LFF from any obligations or settlements toward the claimant. The Member at fault takes full responsibility for refunding the LFF for all payments or expenses that took place because of said complaints.

4.12. The value of the bidding offers includes IVA (Value Added Tax) which is applicable to the transaction in question, if applicable.

4.13. Each Member's account is personal and intransmissible.

4.14. The Member accepts that the data circulating on the Internet are not protected against access, use and interception from third parties, and the exchanging usernames and passwords or any other confidential information will be his or her entire responsibility.

4.15. The Member that wins an auction accepts to present the LFF with proof or purchase, if requested within 5 days to the date the auction ended, unless shipping methods do not require said proof.

 

5. CONSUMER LIABILITY

5.1. Presenting a bid implies tacit acceptance, by a Member, of all sales conditions divulged by the LFF and related to any product or service, including shipping information and offering a service, along with the obligation to pay any other expenses that affect the conclusion of said transition, bidding amount, and packaging and transport expenses, if applicable.

5.2. The Member must conclude any transaction by receiving the goods or services that were auctioned, and by paying their price and any other expenses therein, according to the conditions that may be explained on the product's page, except when that transaction is illegal our goes against these TCU.

5.3. In an auction, in case an bidding offer that is higher than the one presented by a Member is removed by the LFF, if it is allowed to withdraw it before the end of the auction, the highest bid before that will be the one to count, which will be validated and accepted by the LFF, as long as the respective Member, after being notified of that fact via e-mail, does not inform the LFF that he/she is no longer interested in the offer within 48 hours.

 

6. BEHAVIOR ASSESSMENT SYSTEM

6.1. It is of the Member's knowledge that his or her participation as a buyer in any auction is subjected to a behavior assessment system that may assess his or her seriousness and commitment as a Member.

6.2. The member's assessment will be made by the LFF.

6.3. The assessment will be made through one of the following grades: "-2", "0" and "1", to which the following classifications correspond:

• “-1” - Negative;

• “0" - Neutral;

• “1" - Positive.

 

6.4. The LFF reserves the right to temporarily or permanently  suspend the Member's Auction Service privileges, along with the rescission of the Member's contract, should the member reach a score that is negative and below -2.

6.5. It is forbidden to share the assessment grades in any other website.

6.6. If none of these occur, the LFF reserves the right to give the Member a negative score whenever the Member's behavior is faulty when participating in any bidding situation.

 

7. LFF'S LIABILITY

7.1. The LFF will be held accountable for any harm that may result from faults or deficiencies of the Auction Service or its maintenance operations, any unpredictable or insurmountable occurrences, whenever those faults are the result of control or will that may prevent, totally or partially, the definitive or temporary compliance with obligations emerging from the Contract and/or that results in a failure to comply, a delay or a faulty compliance that may be chargeable to the LFF or its representatives, agents, assistants or any other people the foundation may use for its purposes.

7.2. The LFF is not obligated to monitor any activity or any content during the Auction Services. Nonetheless, in order to protect the Service and its Members and assure the integrity and/or operations of its activities and systems, the LFF reserves the right to do it, within its legal boundaries, thus being able to adopt the actions deemed adequate against any activity that goes against these TCI and the current law.

7.3. Bearing in mind that the LFF is not obligated to monitor the information transmitted through the Auction Service, the LFF cannot be held accountable for the information, messages, contents, correspondence or any other type of data received by the Member through this service, including descriptions and other information about products or services for sale, even if that data can cause harm in his/her equipment and software, or be an attempt against his/her honor, dignity and moral integrity or any other juristic positions, except when that responsibility stems from any imperative legal disposition.

7.4. The LFF may not be held responsible for any breach in the rights of others, mainly copyright over texts and images, which will be the entire responsibility of the Member when communications are made to present his or her bid. 

7.5. The LFF will be held responsible for the truthfulness and timeliness of the information regarding products or services being auctioned, as well as for their delivery or installment, after the sale is complete, without risk of that depending on payment for transportation or packaging from the Member who won the bidding.

7.6. The LFF reserves the right to publicize the offers using other means, mainly through the press or links to other sites and portals.

7.7. The Member acknowledges that their information are not safe against access, usage our unlawful interception, and that communicating usernames and password or any other classified information will be their entire responsibility.

7.8. In case the Service is interrupted due to maintenance, the bidding's deadline will be postponed 24 hours..

 

8. PERSONAL INFORMATION

8.1. The Member consents that his or her personal information may be retrieved, and authorizes the LFF to use said information in an appropriate database. The LFF is held responsible for the maintenance of that data.

8.2. The Member must keep his or her personal information up to date. PO Boxes will not be accepted as a valid address, and the LFF may, in case of doubt, ask the Member to send proof of residence.

8.3. The Auctions' personal database is registered at the Comissão Nacional de Protecção de Bases de Dados according the applicable law.

8.4. The Member is granted the right to access and update his or her personal information through the Internet, as well as correcting them at, at any moment, solicitation that his or her date are not altered in any way.

 

9. TARIFF AND PAYMENT

9.1. Access, registration and bidding is free.

9.2. At the end of each auction, the LFF will send the winning Member, in the next 24 to 48 hours, all the elements required for payment by transfer or check.

9.3. Payment should be made up to a maximum of 48 hours since the notification was sent, otherwise the purchasing contract will be terminated.

9.4. Once the payment is made, and proof of said payment is received by the LFF, the product should be delivered up to a 15 day period; the location should be mentioned in point 9.5.

9.5. Delivery should be made in one of the following ways:

- In person, at the LFF's headquarters in Lisbon, along with identification;

- By mail, as long as the expedition costs are previously taken care of by the buyer; the LFF will not charge for any additional fees other than the fee paid to the postal service chosen by the buyer.

9.4. In case the buyer intends to return the product, he/she should inform the LFF and return the product along with a reason for said return, or, incase the DL n. 143/2001 of April 26 applies, regarding contracts involving distance, in 14 days tops, without the need to present a reason. The buyer should keep the product in the same condition in which it was received, in its original packaging and with all the documents that came with it.

9.5. In case the buyer returns the product without complying with the above, and the DL does not apply, the LFF will not return the money paid for the product and shipping costs, which should be paid, in advance, by the buyer, over risk of penalty by the LFL.

9.6. Prices, terms and service payment conditions applied within this Auction Service, which are an integral parte of these TCU, can be found at www.fundacaoluisfigo.pt.

9.7. Unless stated otherwise, the user is responsible for paying all applicable fees and taxes.

9.8. The LFF reserves the right to cancel or block Purchase Offers whenever the Member's account presents irregularities in previous bids or a failure to comply with payments in previous bids.

 

10. DURATION, SUSPENSION AND CANCELLATION

10.1. The LFF may, without notice, report, resolve or revoke, as applicable, the Contract celebrated with the Member, whenever he or she violates any legal disposition or within the TCU, as well as any fraudulent activity or connection to a fraudulent activity, promoted by the Member and connected to the Auction Service.

10.2. Other than any other situations where the Contract is annulled or the Auction Service is suspended mentioned above, the Contract between the LFF and the Member, within the Auction Service, holds until the moment the Member decides to cease said contract, which can be done through an e-mail address or via letter to the LFF, solicitation the annulment of the Services, with at least 72 hours before you wish to annul said contract, as long as the User was true to all the dispositions within the Auctions' Terms of Use.

10.3. Even if a Member's account is suspended the obligations implied towards him or her, mainly the obligation to make certain payments he or she may owe, or concluding business deals for which he or she bids and are still active, the Member should remain true to his or her obligations, mainly when it comes to paying any amounts owed in contracts for sale and purchase.

 

11. NOTIFICATIONS

The Member agrees to receive e-mail notifications regarding the Auction Service, including auctions held by the LFF and any changes to this TCU.

 

12. LAW AND APPLICABLE JURISDICTION

The Portuguese Law will rule over these TCU and any contract or business engaged in by direct use of the Auction Service.

In case of litigation between the LFF and the User stemming from the relations mentioned above, and, also, in the interpretation, execution and application of said relations, both parties accept that it will be submitted to the Tribunal da Comarca de Lisboa, with expressed disclaimer regarding any other to which it could be applicable.

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