ONLINE STORE TERMS AND CONDITIONS GENERAL PROVISIONS
- These Terms and Conditions define the general terms of sale conducted through the Online Store and the provision of electronic services by the Seller.
- A Customer may contact the Seller:
- In writing, by sending correspondence to the Seller’s registered address,
- Via email at: ceo@toparts.pt,
- By phone at: +351 920415530,
- Using the contact form available on the Online Store’s website.
- The Seller may organize occasional contests and promotions, the terms of which will be announced on the Online Store’s website. Promotions cannot be combined unless expressly stated otherwise in their specific rules.
- These Terms and Conditions are permanently available on the Online Store’s website in a manner that allows them to be viewed, downloaded, and reproduced by the Customer.
- The Seller informs that cookies are used on the Online Store’s website. Detailed rules are set out in a separate document (“Cookie Policy”) available on the website.
- Definitions used in these Terms and Conditions:
- Business Days: Monday to Friday, excluding Portuguese public holidays.
- Customer: Any natural or legal person purchasing Products through the Online Store.
- Civil Code: The Portuguese Civil Code (Código Civil).
- Account: An individual section of the Online Store assigned to a Customer, enabling access to certain services.
- Consumer: A natural person acting for purposes outside their trade, business, or profession, as defined in Article 2(1) of Decreto-Lei n.º 24/2014.
- Shopping Cart: A digital tool that allows Customers to select and review Products before purchase.
- Newsletter: A service that allows the Seller to send commercial and informational content to the Customer’s email address.
- Product: Any item available for sale on the Online Store.
- Entrepreneur: A natural or legal person acting within their commercial or professional activity.
- Online Store: The e-commerce platform operated under the domain toparts.pt, used by the Seller to present Products and accept Orders.
- Seller: ENI Eris Spakov, NIF: 333990161, based at Rua Professor João Oliveira Coelho 22, 1º Esq, 3080-604 Figueira da Foz, Portugal, email: ceo@toparts.pt, phone: +351 920415530.
- Agreement / Sales Agreement: A sales contract concluded between the Seller and the Customer via the Online Store, under the provisions of the Portuguese Civil Code.
- Service: Any electronic service provided through the Online Store as defined in Decreto-Lei n.º 7/2004 of January 7 (on electronic commerce and information society services).
- Order: A Customer’s declaration of intent to purchase Products under the conditions specified in these Terms.
- The Online Store can be used if the following minimum technical requirements are met:
- Internet access,
- An active email account,
- An up-to-date web browser with JavaScript and cookies enabled,
- Software for reading PDF files.
- When using the Online Store, the Customer is obliged to comply with applicable laws, these Terms, and to respect the rights of third parties. In particular, Customers shall not send or post unlawful content, including unsolicited commercial communications (spam), nor interfere with the operation of the Store.
- The Seller provides the following free services via the Online Store: Account management, Newsletter subscription, Shopping Cart functionality, and online contact forms.
- Account creation occurs through the registration form on the Online Store’s website.
- To receive the Newsletter, the Customer must provide a valid email address and consent to data processing for this purpose.
- The Service Agreement is concluded for an indefinite period and may be terminated at any time by unsubscribing or deleting the Account.
- The Shopping Cart service remains available until the Customer completes the Order or removes the selected Products.
- If the Customer violates these Terms, the Seller may terminate the Service Agreement with 14 days’ prior notice, provided the Customer has been notified and fails to remedy the breach.
Information about Products, including descriptions, features, and prices, constitutes an invitation to place an order, not a binding offer.
To place an Order, the Customer must have an active email account. An Order submitted through the Online Store constitutes the Customer’s offer to purchase the selected Products.
The Agreement is concluded when the Seller confirms acceptance of the Order by sending an email to the Customer.
DELIVERY
The Seller delivers Products to the address indicated by the Customer during the ordering process.
Available delivery methods include:
- Courier delivery (e.g., CTT, DHL, or similar services)
- Personal collection (if offered by the Seller)
Delivery costs and estimated delivery times are displayed during the order process. A receipt or invoice is provided with each shipment.
PRICES AND PAYMENT METHODS
All Product prices displayed on the Online Store include VAT and are shown in euros (EUR).
Available payment methods:
- Bank transfer to the Seller’s account,
- Credit/debit card,
- PayPal (if available),
- Cash on delivery or upon personal collection.
The Customer is obliged to pay for the order, including delivery costs, within 2 days of placing the Order unless another payment method is selected.
COMPLAINTS AND WARRANTY
The Seller guarantees that Products are free from defects as defined under the Portuguese Civil Code.
Complaints may be submitted as follows:
- By mail: Rua Professor João Oliveira Coelho 22, 1º Esq, 3080-604 Figueira da Foz, Portugal
- By phone: +351 920415530
- By email: ceo@toparts.pt
- Via contact form on the website
The Seller undertakes to handle complaints within 14 business days. If the complaint is incomplete, the Seller will request additional information within 7 days.
If the Product is covered by a manufacturer’s or importer’s warranty, information about it will be available in the Product description.
OUT-OF-COURT DISPUTE RESOLUTION
Consumers may seek out-of-court resolution of disputes through:
- Centro de Arbitragem de Conflitos de Consumo (Consumer Dispute Arbitration Centers in Portugal),
- Contacting the Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (CNIACC),
- Submitting a complaint via the European ODR platform: https://ec.europa.eu/consumers/odr.
DATA PROTECTION
The Seller processes Customers’ personal data in accordance with Regulation (EU) 2016/679 (GDPR) and Portuguese data protection law under the supervision of the CNPD (Comissão Nacional de Proteção de Dados).
Personal data is processed solely for the purpose of order fulfillment, communication, account management, and compliance with legal obligations. Providing data is voluntary but necessary to process the Order.
Customers have the right to access, rectify, delete, or restrict processing of their personal data, as well as to lodge a complaint with the CNPD.
FINAL PROVISIONS
All intellectual property rights to the Online Store, including its name, domain, logo, and website design, belong to the Seller.
Portuguese law applies to all contracts concluded through this Online Store. Any disputes between the Seller and a Customer who is not a Consumer shall be settled by the competent court in Figueira da Foz, Portugal.
The Seller will notify Customers of any changes to these Terms and Conditions at least 14 days before they take effect, via the Store’s homepage and/or email notification.