Terms and Conditions

1. Agreement with the terms of use

  1. The use of “PRODFARMER” application implies the full and unreserved acceptance of these Terms and Conditions of use;
  2. By selecting the item “I have read and accept the conditions of use”, at the bottom of the page, the participant automatically subscribes and accepts, without any reservations, the respective Terms and Conditions of use.

2. Definitions

For the purpose of using “PRODFARMER” and the interpretation of this Regulation, it is understood that the terms or expressions below have the following meaning:
  1. Application – It is the “PRODFARMER” described in paragraph 3 below;
  2. Regulation – This Regulation of use of “PRODFARMER”;
  3. Data – Is the information entered into the application by the user;
  4. Promoter – It is “PRODFARMER” - Sociedade Unipessoal, Lda. with headquarters in Edifício INOV. Point, Sala 2.16, Tagusvalley-Tecnopolo do Vale do Tejo – Rua José Dias Simão- 2200-062 ABRANTES, with the share capital of 5.000,00 euros, holder of the unique identification number of legal person an of registration in the Commercial Registry of Vila Nova de Gaia
  5. User – Any entity with legal capacity that uses the application on its behalf or on behalf of a legal person. In this case, the user assumes that he has the power to bind the entity he represents in a personal capacity or that he is representing the third party that uses the application;
  6. Products – The goods that are object of promotion, advertising, negotiation, transaction, purchase and sale through the application.

3. PRODFARMER – Application description

  1. “PRODFARMER” is an online application that allows users to carry out the entire agricultural management component from production to invoicing, with the aim of facilitating the dissemination of intentions to buy and/or sell agricultural products and simplify the registration of operations in and ad system for immediate purchase, future purchase, group purchase and auctions;
  2. The sale of products by the user through the application presupposes that he is a taxable person of value added tax (VAT) under the law;
  3. The prices presented in the application include VAT at the legal rate in force. The responsibility for indicating the applicable VAT rate is determined by the seller at the time of publication of the advertisement;
  4. The application is intended solely as an intermediary or vehicle for transactions between users and does not have any access to or control over the articles or conditions of services communicated in the advertisements. It also does not engage or participate in the transactions actually carried out, which are the sole responsibility of the respective users, and therefore does not guarantee the quality, safety or legality of the articles or services advertised, their veracity or accuracy, the ability of vendors and providers to sell goods or services, buyers’ ability to purchase products or contractors to contract services, or even the parties to complete the transaction;
  5. The purchase and sale of the products through the application will occur in compliance with the following procedure:
    (i) purchase order from a user in relation to a product advertised in the application;
    (ii) realization of the payment by the user-purchaser (bank transfer, payment by reference to ATM or credit card);
    (iii) invoice issuance by the user-seller;
    (iv) sending the product by the user-seller to the buyer;
    (v) notification of the user-purchaser, through the application, that the product is in the transportation phase;
    (vi) confirmation of receipt of the product by the user-buyer without prejudice to 3.4.

4. Register

  1. The user registers prior to the use of the application indicating the data contained in the registration menu, namely the name, tax identification number (TIN) and address;
  2. Each user may only be associated with a TIN, and the promoter shall cancel or remove any user that indicates a TIN that is already associated to another user;
  3. The lack of legal capacity of the user to perform the acts that he proposes to do, arising, without excluding other causes, of minority, interdiction, disqualification or ilegitimacy, can only be attributed to him and cannot result in any responsibility for the promoter;
  4. The user may, at any time, cancel the application registration or update the registration data.

5. General conditions of use

  1. The promoter is responsible for managing the application;
  2. The promoter is not responsible for any content, contribution or information generated by the user;
  3. The availability of the application or the conditions of use established may at any time be unilaterally altered by the promoter without prior notice, notification or justification;
  4. It is absolutely interdicted the publication, dissemination or reproduction, in any form or by any means of communication, of informations or documents that contain personal data of a third party, inmoral, defamatory, libelous, unlawful racist, xenophobic or otherwise contrary to law, public order or morality, aimed at promoting goods or services in violation of this Regulation or can configure the practice of a crime;
  5. It is equally interdict the publication, dissemination or reproduction in any form or by any means of information or documents which, in the form of advertising, is intended to promote goods or services in breach of this Regulation shall also be prohibited;
  6. By using the application, the user abstains from practicing any acts that may constitute or lead to (i) violation of authentication or security systems; (ii) phishing that is an attempt to steal identity, data or information, giving the user the idea that he is dealing with a true system when it is only a facade for the collection of information and subsequent misuse; (iii) scanout which is the copy of undue data; (iv) break-in – unauthorized access; (v) overloading actions that lead to the interruption or suspension of service; (vi) flooding or bulk packet sending; (vii) interception and /or illegal or improper interference with any data, systems or equipment; (viii) use of remote computers for traffic routing, modification, adaptation, translation or decompilation of software; (ix) violation or attempted violation of the rules for protection of technological measures and information for electronic rights management;
  7. All content submitted by users may be reviewed, removed or modified by the promoter and/or submitted to third party verification services, including spam prevention services, without having to provide any kind of justification;
  8. For all legal purposes, the promoter does not guarantee or be responsible for the conditions, patents or hidden, namely concerning the quality, commerciality, reliability, durability, suitability for a specific purpose, packaging and/or transport of the products marketed through the application;
  9. Without prejudice to the other obligations arising from this regulation, the user undertakes to:
    • Provide and maintain true, complete and up to date the personal data;
    • Keep confidential the data of access to its registration in the application and use only the register of which it holds, assuming full responsibility for the actions carried out with that same registration, even if by third parties, with or without its authorization;
    • Refrain from conduct that infringes upon the legal order or which in any way damages legally protected positions;
    • Do not submit offers for the purchase or sale of articles, or communication of ilicit products or services or violent, provocative, offensive, racist or susceptible of violating the privacy of third parties;
    • Comply with all obligations arising from the purchase and sale of products and provision and contracting of services communicated through the ads in the application;
    • As an advertiser, must assume full and exclusive responsibility for the accuracy of the ad data and its suitability for the content of the advertisement, as well as liability for the legality of the advertised product or service.

6. Advertisements

  1. When advertising a product or an offer of purchase or sale, the user must do it in a single advertisement, being forbidden to publish or reproduce in the application more than one ad for the same type of category;
  2. Ads that contain word manipulation or that are attributed to inappropriate categories can be removed by the promoter;
  3. The promoter is not responsible for the content of the advertisements, hyperlinks or sources mentioned in the description of an ad, nor for the behavior of the users;
  4. The promoter may freely remove or edit the descriptions placed in an advertisement, without having to justify it;
  5. The user is solely liable for damages or losses caused to third parties;
  6. Advertisements or offers are automatically posted online by the user without any interference or control by the promoter, not those subject to any type of verification or approval, prior or subsequent, binding or systematic, by the promoter;
  7. Notwithstanding the provisions of the preceding paragraph, the user, when placing an ad online, scrupulously observes the following rules:
    • Place the ad in the appropriate category for the product or offer;
    • Advertised products and services may not be burdened by third party rights;
    • Ensure immediate availability of advertised products and services;
    • Do not include any product that is not susceptible to be qualified as agricultural product, namely refraining from qualifying as such drugs, narcotics, tobacco, alcoholic beverages, medicines, animals, replicas and/or counterfeits;
    • No disclose or advertise ads that violate the legal rules of social welfare and/or rights of third parties or that:
      (i) Contains viruses or any other technology that could harm users and/or the promoter;
      (ii) Use advertising services;
      (iii) Use explicit content for adults and/or adults over 18;
      (iv) Make available the means of contact (email, link/URL, telephone) in the title, generic, catalog and/or edited photographs that are not representative of the product being advertised for sale;
      (v) Promote the placement of tags, keywords or other terms in the title, description or images of the advertisement that have no relation to the product or service advertised. However, the representative photograph of the advertised product may not correspond to the color or mode of presentation of the product to be supplied.

7. Auctions

  1. The promotion of auctions and corresponding user participation does not guarantee the purchase of all or part of the products bid;
  2. Whenever the bid made by one user is surpassed by a higher value, the user will be alerted by electronic mail so that he can formulate a new offer during the time of validity of the auction.

8. Other services

  1. TRANSPORTS: PRODFARMER provides and facilitates access to partners responsible for transporting products between the seller and the buyer. The responsibility of the transported goods shall be borne by the seller, and PRODFARMER and the carrier shall not be liable for the contents of the goods transported. The seller is responsible for the state of preservation and packaging of the product shipped. The delivery method can be carried out in three different ways:
    (i) “I treat” when the seller himself intends to distribute his products directly to the costumer;
    (ii) Home delivery, HD in the table below, in which the carrier collects at the address indicated by the user-buyer to deliver the order;
    (iii) By collecting your items at a Pick-up Point stipulated by the carrier. They collect at the address indicated by the user-seller and delivers the products at a Pick-up Point selected by the user-buyer. In the table, this method will be referred to as PP
    From the moment the seller consolidates a purchase, the seller has up to 48 hours to deliver the product directly to the costumer (‘I treat’ option) or schedule the collection with the carrier. The maximum term of receipt of the goods through the carrier is also a period of 48 hours. The price list can be found at http://bit.ly/2j3qbr7.
  2. CERTIFICATION: The published announcements may indicate some certifications or special qualities, such as food quality, classification as regional, national or other product, under the conditions of which are the responsibility of the entitie identified in the announcements and who perfored the certification in question.

9. Returns

  1. In case of possible returns of products announced in the application, they will be established directly between buyer and seller, without any interference from the promoter.

10. Refunds

  1. The reimbursement of orders is carried out automatically, so as to ensure speed in the process and greater convenience to the costumer. The transaction will be carried out by bank transfer upon presentation of the Bank Identification Number (IBAN).

11. Notifications

  1. The user agrees to receive, in the email box associated with his registration, promoter newsletters and notifications related to him or the application, including any changes to this Regulation.

12. General provisions

  1. The declaration of invalidity of any provision of this Regulation by judicial decision does not affect the validity of the others;
  2. The data contained in the application form for registration in the application are onlly intended to identify the user and will only be used by the promoter for the purpose for which they are intended, without prejudice to the user being able to authorize a wider use by the promoter, but restricted to those elements essential for the production of the invoice by the user-supplier, in particular those provided for in point 8.
  3. The promoter is not responsible for the veracit or accuracy of the information transmitted by the user;
  4. The promoter is not responsible for any interruption, modification, suspension or cancellation of data, particularly if they arise from problems of access to the Internet, hacking, viruses, maintenance, power failure, software or hardware failure, problems with third party servers, fraud or even fortuitous events or force majeure;
  5. The promoter may exclude or limit the use of the service by the user in case of non-compliance with this Regulation.