Terms & Conditions
Terms and conditions
This document establishes the rules that regulate access and use of the Online Store BEEN THERE (hereinafter “Site” or “Store”) of Bancucara, Lda. (“Bancucara”), located in Rua Prof. Luis da Cunha Gonçalves, 9-7Drt. 1600-826 Lisboa. The Site is intended to offer its users (“User/s”) the opportunity to order and purchase the goods contained in its online catalogue, namely traveling related collectables, accessories and clothing. These Terms and Conditions of Use are complemented by and integrated – in everything that is not provided for in this document – by the Privacy and Cookies Policy, which can also be consulted on the Site.
ACCEPTANCE OF TERMS AND CONDITIONS OF USE
The User acknowledges that by accessing, consulting and using the Site, they accept the Terms and Conditions of Use.
CHANGES TO TERMS AND CONDITIONS OF USE
The Store reserves the right, at any time, without prior notice and with immediate effect, to modify, add to, update or remove, partially or totally, these Terms of Use and Conditions. The User should periodically check the Terms of Use and Conditions to confirm whether any updates or changes have been made. If you do not agree with any of the rules of use, you must not use the Site.
The User may access the Store as a visitor, which allows the User full access to view products, view information about the team, and place an order. The User is not required to register to make purchases. Any User who wishes to register, must create a Personal Account which will identify the User to the Store. Registration by the User requires the provision of the following personal information: name, email, telephone number, fiscal identity number, delivery address and billing address, which allows your order and delivery to be followed up/tracked. This personal information with be protected under the Terms of the Privacy Conditions included on this Site. The User is entirely and exclusively responsible for the veracity, accuracy, timeliness and authenticity of all information provided, including personal information in their registration with the Store, and is responsible for keeping this information up to date. The User is responsible for keeping their personal information and access details of their Personal Account confidential and must not, in particular, disclose it to third parties or browse under conditions that allow its decoding and copying by third parties. The User can, at any time, change the details of their Personal Account, in the reserved area on the Site. Any access to and usage of the Store with the User’s Personal Account information is the sole responsibility of the User.
If the User has forgotten their login details these can be reset by requesting a new password on the Site.
The User’s Personal Account can be cancelled by the Store for the following reasons:
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Failure to comply with the Terms and Conditions of Use and the Privacy Policy; or
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Inactivity of a Personal Account for a period of 90 days or more.
BEEN THERE accepts no responsibility, directly or indirectly, for any damage or loss that may result from the cancellation of your Personal Account.
The User may request the cancellation of their Personal Account at any time by emailing a cancellation request to contact@been-there.travel, this request having the same effects as the cancellation of the Personal Account by BEEN THERE.
The User must use the Site in a responsible, prudent and careful manner, and must not interfere with or attempt to degrade the continuity, integrity and quality of the resources and functionalities of the Site, nor interfere with the rights and/or possibilities of use by third party users. When the Site’s functionality allows interaction or inclusion of content or information by the User, the User undertakes the following: not to make available or share any illegal, false, deceptive, threatening, malicious, abusive, defamatory, or injurious content which is invasive of privacy, or racially, ethically or morally reprehensible, or damaging to or undermining people’s dignity or damaging to minors. It is forbidden to provide information or content that belongs to third parties and that the User does not have the right to use, such as, for example, content protected by the copyright of third parties or content that contains personal data or information of third parties. It is expressly prohibited to use the Store to make available or transmit any type of material that contains or may contain viruses, worms, defects, Trojan horses or other malware, or other items or computer codes, files or programs that may interrupt, destroy or limit the functionality of any computer equipment or system or communications equipment. The User must not make available or transmit any unsolicited or unauthorized content as SPAM or collect, make available, transmit or exploit information about other users for unauthorized purposes.
The User places an order by selecting the desired product/s, and following the consecutive steps to successful check-out and completion of the order. By completing the order the User confirms that they are aware of and accept the Terms and Conditions of Use which have been made available to the User, as well as the delivery conditions. Note that BEEN THERE reserves the right to change product descriptions, images or other information in the online catalogue without prior notice.
Items for sale in the Online Store are subject to existing stock availability and orders will be processed on a first come first served basis. In the exceptional circumstance that any items are out of stock (whether temporarily or permanently), the User will be advised as soon as possible. If appropriate, the User will be offered similar alternative products which the User will have the right to accept or reject. Such situations will be managed with care and consideration, if and when they arise.
Prices are shown in € (euros) and include VAT at the legal rate in force in Portugal. Prices may change without notice. Price changes will not be applied retrospectively to orders that have already been placed and paid for. BEEN THERE supports shipping costs.
The Store offers the following payment methods: ATM reference, MB Way, PayPal and Credit Card. For payment by ATM, the User will receive reference details from the Store. The User then has 24 hours to make the payment. If the payment is not made within this time period, the order will be cancelled.
For PayPal payments, the User’s PayPal account will be debited at the time of dispatch. Since PayPal is third party payment system, its use presupposes knowledge and acceptance of the terms and conditions of PayPal’s services, in which the Store cannot intervene and for which the Store is not responsible.
Orders will only be dispatched after confirmation of stock availability and receipt or proof of payment.
Orders will be delivered to the address provided by the User at the time of ordering. Deliveries will be made according to CTT’s (the Carrier) schedule.
The Store undertakes to effect deliveries as quickly as possible, in accordance with its agreement with the User. If the delivery is not completed within the stated deadline the User has the right to request delivery with a revised deadline appropriate to the circumstances, after which the User is entitled to cancel the order.
All orders must be examined by the User upon receipt. If any irregularity or damage to the packaging is observed on delivery, the User may refuse the order without opening it. Shipments outside Mainland Portugal will be accompanied by a Simplified Accompanying Document (“DAS”).
Purchases from www.been-there.travel may be exchanged or refunded, providing the User submits a return request via email at contact@been-there.travel, and makes the return within a maximum period of 14 days of receipt of their order. Goods being returned must be in the same condition as they were when delivered to the User and in the original packaging without having being used. The costs of returns will be borne by the Store.
Refunds will be made using the payment method used for the initial transaction, unless agreed otherwise with the User. The User should not incur any costs as a result of the refund.
BEEN THERE reserves the right to withhold any refund until the returned goods have been received in the same condition in which they were delivered.
If a return is necessary due to an error on the part of BEEN THERE, the Store will, in agreement with the User arrange for collection the goods and the Store will cover the costs of collection as well as the costs of supplying the correct goods.
Refunds will be made without undue delay and, in any case, at the latest within 14 days of the date on which the Store receives the returned goods.
Returns will only be accepted within the stipulated time period, and exchanges are subject to stock availability. When we are unable to offer an exchange we will automatically generate a refund and credit. All promotional campaigns have limited stock, and in case products become unavailable you will be informed of the partial or total cancellation of your order with the immediate right to a refund of the respective amount paid.
In all cases, exchanges and returns must be sent by registered mail to guarantee the delivery of the goods. Returns must contain the order reference numbers and the reason (s) for the return.
If the User believes they have received defective goods from BEEN THERE, they must return them to the Store for inspection. The goods can be exchanged or refunded, provided the User makes the return within the stipulated time period. For this purpose Users must email us at contact@been-there.travel.
Verification of the defect may take up to15 days, and we will respond to the User by the end of that time period. If the defect is confirmed, a replacement with be provided. If the identical product is unavailable, the User may choose another item of equal value or a refund for the defective item. In any such case, the Store undertakes to collect the defective item and ship the replacement without any additional cost.
If no defect is found, the product will be returned to the User, who will bear the costs of reshipping.
Complaints about the ordering process and/or delivery of goods made through the Store must be made by the User within 14 days of receipt of the order, and must be sent to the following email address: contact@been-there.travel. In the event of a consumer dispute, the User, if a consumer, can use the European Online Dispute Resolution Platform, available at htttp: //ec.europa.eu/consumers/odr or the Alternative Dispute Resolution entities Consumption.
The User acknowledges that the Store, its structure and layout, the selection, organisation and presentation of its content, including its functionalities and the software used in it, as well as the brands, logos and symbols presented, are either owned by BEEN THERE or were duly licensed in favour of or authorised for use by BEEN THERE. The User further recognises that the contents of this Store (texts, images, graphics, sound and animation and all other information provided) are protected by intellectual property rights which the User is obliged to respect. BEEN THERE is responsible for managing the design, layout and arrangement of all information, content and materials in the Store, so it can, at any time, update, modify or delete any content, services, options or features, as well as modify its presentation and configuration and change the respective URLs. The User is not authorised to transmit, communicate to the public, publish, make available to the public, modify, transform, copy, sell, use or distribute, in any way, the texts, images or other information contained in this Store or part thereof without prior written authorisation from the Store. The use of brands and logos in the Store, as well as the availability of existing materials and products do not grant, nor can they be interpreted as granting, permission for Users to directly or indirectly use such marks, logos or materials.
Users are not required to provide personal data in order to use this Site. Although it is not necessary to register or create a Personal Account, to place an order the User will need to provide the Store with such personal data as is needed to pay for and deliver the order. Any data provided will be treated under the terms defined in the Site’s Privacy Policy and Cookies Policy, which must be consulted by the User on the Site and which the User accepts through their use of the Site under the terms provided for there.
The User acknowledges that they use the Store at their own risk, being solely responsible for any damage caused to their systems and/or equipment or for other damages or losses, including loss or damage to data, resulting from the use of materials, content or information obtained in any way through the Store. The qualities, functionalities or characteristics of the products, services, information or other materials or content disclosed on the Site are not guaranteed by the Store. BEEN THERE will not be responsible for errors that may occur due to system irregularities, failures (temporary or permanent) of the Site, its applications or other tools.
The Store may suspend, block, interrupt or cease access to the Store, for all, or one, or more Users in the following circumstances:
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When necessary due to technical, commercial, legal or strategic constraints;
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When necessary to guarantee the security of the communication channels, equipment or information;
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When there is a suspicion of fraudulent or abusive use by a User or third party/parties;
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When necessary for the management, maintenance, repair, alteration or modernization of the equipment, systems or any functionality of the Store;
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In other duly justified circumstances, including, in particular, in the event of failure by the User to fulfill their obligations under these Terms of Use and Conditions;
The Store retains the exclusive right, at all times, according to its will, to permanently or temporarily, partially or totally, close the Store or any of its functionalities without prior notice.
The Store may provide links to sites or pages of other entities. These sites/pages do not belong to and are not operated or controlled by the Store. BEEN THERE cannot be held responsible for, nor assumed to approve of or in any way support or subscribe to the content of these sites, or the sites linked to or referred to therein. The establishment of links does not, under any circumstances, imply the existence of relations between the Store and the owners or managers of the sites or pages to which a link refers. The use of the links provided is the sole responsibility of the Users.
BEEN THERE does not guarantee that the Store will operate without interruption, be free from errors or failures, nor that it will be available continuously. The Store takes seriously and makes every effort to maintain a high level of security and keep its systems free from any virus, malware or other dangerous or unwanted material that could be transmitted to your computer. However, since the Store does not control the circulation of information over the Internet, we are not able guarantee that the Site is free from any virus, malware or other material that could damage your computer. To guarantee the security of the Store, BEEN THERE may, at any time and without the need for prior notice, take the necessary steps to guarantee the integrity, security, continuity or quality of the Store, including restrictions or limitations on access.
VALIDITY OF THE TERMS AND CONDITIONS OF USE
If any part or provision of these Terms and Conditions of Use is not enforceable or is in conflict with applicable law, the validity of the remaining parts or provisions will not be affected.
Use of the Store and any of its services implies acceptance of these Terms and Conditions of Use and Users must therefore respect them. If the User does not agree with any of the rules or requirements set out in these Terms and Conditions of Use, they must refrain from using the Store. If the User has any questions about these Terms and Conditions of Use, please email a request for clarification to: contact@been-there.travel. BEEN THERE reserves the right, at any time, without prior notice and with immediate effect, to modify, add to, update or eliminate, partially or totally, these Terms and Conditions of Use, so the User is advised to consult them periodically to confirm whether any updates or changes have been made. Any breach of the provisions of these Terms and Conditions of Use will allow BEEN THERE to close a User’s account without notice. Communication with the User by the Store will be made by email to the contact email address provided by the User. E-mail communications are considered as delivered on the day of dispatch. These Terms and Conditions of Use are governed by Portuguese law and, in the event of a dispute in the interpretation or application of these Terms and Conditions of Use, without prejudice to the clause relating to the mechanisms for out-of-court dispute resolution, the jurisdiction of the Lisbon district competence is recognised.