General Terms of Use
Introduction
These general terms of use (hereinafter called “General Terms of Use”) refer to the use of the online Platform available at https://www.mykubo.com/ (hereinafter called “Platform MyKubo”), property of the society Kubology, Lda, with registered office at Centro de Incubação de Empresas de Évora, Rua Fernando Seno nº 6 , 7005-485 Évora, registered in the Conservatory of the Commercial Registry of Lisbon under the unique number of matriculation and registration 510.732.488, with the share capital of 50,000.00€ (hereinafter called “Kubology“).
In particular, the present General Terms of Use govern the use of MyKubo Platform by the interested parties who register to become customers (hereinafter called “Buyer” and /or “Buyers”) as well as by suppliers (hereinafter called “Supplier” and /or “Suppliers”), who intend to make their items (hereinafter “Products”) available at MyKubo, to be acquired by the former through an ordering process legally framed under the terms stipulated in this document, on buying and selling Products between Users and which may include one or more Products.
Kubology will not be responsible for the activity of the Users at MyKubo Platform, not being bounded to approve, consent or control in any way their activity, allowed within the limits established in these General Terms of Use, complementary documents and applicable legislation, as well as to sell all types of products, except the ones strictly identified in the “List of Not Authorized Products at MyKubo Platform”, or other products that Kubology may identify at moments, as well as all and any product forbidden by the national Law.
The use of the MyKubo Platform is subject to the prior and explicit acceptance of these General Terms of Use by Users, which without prejudice to the provisions of the item 2. below, will be required to express their full consent at the time of registration on the Platform.
These General Terms of Use are permanently available at MyKubo Platform for consultation, printing and download in digital format at any time by any interested party.
1. Framework of the MyKubo Platform and Kubology Purpose
1.1. Through MyKubo Platform, Kubology gives Suppliers the opportunity to sell their Products to Buyers, and the possibility for Buyers to purchase Products from Suppliers, allowing as well, Buyers, among other activities to be decided at any moment, to share and advertise the Products that they buy, the Products they would like to buy and the ones they believe third parties may be interested in buying.
1.2. Therefore, the purpose of Kubology focuses on the management, promotion, maintenance and development of MyKubo Platform, having participation in the transactions that are or will be promoted and /or concluded through the Platform, being integral part of all Orders. Purchases and sales are made between Users and MyKubo. Kubology is integral part of the transaction process, providing Users with the essential forms of payment for the Products, receiving directly from the Buyers the amounts paid for the Products, and then delivering them to the Suppliers on the agreed terms.
2. Acceptance of the General Terms of Use
2.1. Users should read these General Terms of Use carefully before registering at MyKubo Platform and taking any action on it (namely Orders). It is also recommended for Users to print and file them.
2.2. As mentioned above, Users express their consent to these General Terms of Use when registering at MyKubo Platform. Buyers renew this consent every time they place an Order, as well as Suppliers, every time they accept them.
2.3. Kubology may adjust the content of these General Terms of Use at any time and without prior notice, as well as adjust any of its complementary documents.
2.4. To the use of MyKubo Platform – including Orders – it will be applied the General Terms of Use and other complementary documents, namely those mentioned in the Introduction. The reading, analysis, understanding and interpretation of these documents, must always be combined, integrated and complementary.
2.5. To a specific Order it will be applied the General Terms of Use in force on the date the Order was completed and not others that may be in force on the date any claim or dispute occurs.
3. Registration on the MyKubo Platform
3.1. The registration is possible through an email and password.
3.2. If the Buyer wishes to eliminate its registration at MyKubo Platform, this can be easily done in the Buyer designated area. The associated personal data and other information provided by the Buyer will be deleted as per the terms of the Privacy Policy mentioned in the item no. 14 of these General Terms of Use.
4. Activities of unregistered users on the MyKubo platform
4.1. Even before the registration of a Buyer is successfully completed, the Buyer will always be able to access MyKubo Platform and the content provided by the Suppliers, as well as being able to place orders, as the information requested will be only the necessary to complete the purchase.
5. Buyer activities on the MyKubo Platform
5.1. Acquiring Products: each Buyer can place Orders, or simply add Products to the designated “Shopping Cart”, from anywhere at MyKubo Platform.
5.2. Kubology reserves the right to change the list of activities available to Buyers at MyKubo Platform, in the manner and time that in its free discretion it deems convenient, useful or necessary.
6. Placing Orders by MyKubo Buyers
6.1. The Order process will necessarily include the following stages:
6.1.1. Product(s) Selection stage: The Buyer selects the product(s), available at MyKubo Platform that will be purpose of the Order;
6.1.2. Order Instruction stage: The Buyer must provide the information required during the Order process, which will consist namely of the delivery address, shipping method, payment method and tax identification number;
6.1.3. Confirmation stage: The Buyer must confirm the accuracy and validity of all the elements supplied by itself, as well as its acceptance of the prices of the Product(s) subject to the Order, the shipping costs, the delivery time indicated by MyKubo for each Product subject to the Order, and other expenses possibly associated with it, as well as analyzing and, if applicable, providing consent to MyKubo “Shipping, Returns and Exchanges Policy”;
6.1.4. Payment stage: The Buyer must indicate which payment method intends to use to pay for the Product(s) subject to the Order;
6.1.5. Order completion stage:The Buyer must complete the Order, as per the item 6.2. below by selecting the designated option at MyKubo Platform for this purpose;
6.1.6. MyKubo order confirmation stage: the Buyer will receive an email in which Kubology will confirm the successful completion of the Order, specifying an “Order Reference Number” that must be used in all subsequent communications with the Supplier. MyKubo will deliver the invoice of the transaction.
6.2. At the end of the Order process, the Buyer validates it by expressing the full and complete acceptance, of these General Terms of Use which implies the acceptance of the chosen Product(s), corresponding price and description, as well as the assumption of all the rights and obligations derived from these General Terms of Use and other documents referred to in this document, in particular the MyKubo “Shipping, Returns and Exchanges Policy”.
6.3. After completing the Order process, described in item 6.1. above, the Supplier must prepare the Order in accordance with the Shipping Policy, so that the carrier can pick it up and deliver it to the address of the Buyer or to the delivery point of the carrier if that was the option chosen, thus complying to all legal obligations to which it is subject under current legislation.
6.4. In the email mentioned in item 6.1.6. above, Kubology will also send to the Buyer, apart from the information required by law, all the information entered by the Buyer during the Order process. The Buyer needs to verify this information and, if necessary, immediately notify Kubology for necessary changes, being therefore of the Buyer total responsibility the eventual consequences of any error or lapse in the during the Order process.
6.5. Kubology gives the Buyer the opportunity to monitor the Order processing at MyKubo Platform, at any time after the respective completion.
6.6. The completion of the Order will constitute proof of the order, under the terms of the legal provisions, allowing the collectability of the amounts showing on the respective receipt.
6.7. Buyers and Suppliers agree that records stored in secure conditions on Kubology archive, make evidence of communications, orders and payments made.
7. Payment of Orders by Buyers
7.1. Kubology will assign to an external entity the guarantee of the full, safe and correct payment processing that may be made by the Buyers at MyKubo Platform, namely the confidentiality of the bank details provided by the Buyers.
7.2. The payment for the purchased Product(s) at MyKubo Platform must be made under the terms indicated in “Payment Policy”.
7.3. The invoice for each Order will be issued by MyKubo and will be sent to the Buyer, being instructed with the information provided by the Buyer (no changes will be allowed after the invoice has been issued).
7.4. The prices of the Products are clearly stated at MyKubo Platform, expressed in euros (€). The presented values do not include: (i) the costs of shipping of the purchased Product(s); (ii) the amounts corresponding to any import taxes and /or customs duties consequent of the import of these Products. The Buyer who places the Order shall be responsible for these expenses.
7.5. The shipping costs of the purchased Product(s), which may vary depending on the mode of shipping, value, weight and the destination of the Order, will be presented in a detailed manner before the Buyer finalizes the Order.
7.6. The purchase and sale of Products offered by the Supplier at MyKubo Platform are made between the Supplier and the Buyer under the resolute condition of the available Product. The Supplier has committed to include at MyKubo Platform only available Products and to remove immediately Products no longer available, or Products where is foreseeable to not be available.
7.7. When we process your order, we will inform you as soon as possible by email if any of the Products included in your Order are not available. In that case, we will not charge you any amount for that Product.
8. Delivery of Orders to Buyers
8.1. MyKubo, the Supplier and the Carrier will honour the Orders correctly completed in the shortest possible time, carrying out the respective shipment in accordance with the “Shipping, Returns and Exchanges Policy” made available to and accepted by the Buyer when completing the order.
8.2. In some cases, MyKubo will not be able to confirm a specific delivery date when the Buyer places its Order. In such cases, MyKubo will provide the best estimate, usually indicating an interval of days. In addition, the Buyer may check the status of its Order at any time in the related personal area at MyKubo Platform or by contacting the customer service department through the email [email protected].
8.3. Upon the delivery of Product(s), the Buyer must carefully check:
a) That the tamper-proof label (if applicable) remains intact, and the packaging has not been damaged or changed in any way;
b) That the Product(s) delivered correspond to the purchased Product(s) at MyKubo Platform; and
c) That the number of the Product(s) delivered corresponds to the quantity of the purchased Product(s) at MyKubo platform;
d) That the product is in good condition.
8.4. The Buyer must immediately communicate by email to [email protected] and referring to the specific Order, any violation of the tamper-proof label on the Product packaging (if applicable) or if the number of items /packages or guidelines do not correspond to what is indicated on the respective invoice, or if the product is damaged.
9. Order Warranty
9.1. Kubology is responsible for complying with the obligations derived from the applicable legislation to the sale of Products through agreements settled remotely for the Suppliers, in particular guarantees provided for Buyers.
9.2. As a result of the provisions of item 9.1 above, Suppliers are obliged, before Buyers and before Kubology, to fully comply with the designated and established obligations, all under the terms of applicable law and the respective “Shipping, Returns and Exchanges Policy” of Kubology.
10. Right of Free Withdraw
10.1. To exercise the Right of Free Withdraw, the Buyer must return the Order and all material received, under recorded mail and within 14 days from the Order reception. The Product(s) must be returned in its original conditions, new and complete.
10.2. The Buyer must send an email to [email protected] or contact MyKubo through the message channel provided in the “Order Area”, expressing the intention to return the Product(s) and the reasons for return.
10.3. In addition to the referred in item 10.2. above, the Buyer will find in the “Order Area” at MyKubo Platform all the necessary information for the exercise of its legal rights, being able at any time to access the “status” of all placed Orders in real time and choose to fulfil the “Right of Free Withdraw” on the Product(s) that comprise it, if the requirements for exercising the Right in question are met.
10.4. For the exercise of the Right of Free Withdraw within 14 working days, under the terms of the Decree-Law no. 24/2014, from February 14, amended by Law 47/2014 from 28/07 and the Decree Law no. 47/2014, from 28/07, for return, exchange or activation of the product warranty, Buyers should consult the “Shipping, Returns and Exchange Policy” at MyKubo Platform.
11. Product Quality and Characteristics
11.1. Suppliers guarantee that the Products available at MyKubo Platform are in accordance with the national and EU legislation in force, being fully responsible and accountable for any non-compliance.
11.2. Suppliers commit to follow some principles of sustainability such as recycling and choosing durable raw materials; ethical and sustainable products; transparency in actions such as water and energy consumption as well as working conditions; use of eco-friendly and biodegradable materials and local production.
11.3. The images and colors of Products published at MyKubo Platform may be different from their actual images and colors due to the display settings of local systems and /or devices used by Buyers to view them.
11.4. The Product(s) received will be the one(s) shown in the respective image(s). In the case of handcrafted products, i.e. made by hand, and in the general case of Product(s) made from natural materials, it is very unlikely to produce two pieces exactly the same. Handcrafted products and natural products may differ in size, colour, shape, thickness, weight and texture. Due to this, there will be no exchange when the reason given is “the product is not exactly the same as shown in the image(s)” or similar content in the complaint. In these cases, the image(s) presented are merely a reference to illustrate the model.
11.5. MyKubo is duly registered with the INCM for selling Jewelry Products, respecting the rules of the Legal Regime for Jewelers and Assays.
11.6. Suppliers ensure to MyKubo that when selling their Products at MyKubo Platform, comply with all applicable rules and regulations, including but not limited to the provisions of Law 98/2015, from August 18, with amendments to DL no. 120/2017, from September 15.
11.7. Violation of any regulations applicable to the sale of Jewelry Products by Suppliers will be their sole and exclusive responsibility, being responsible for the payment of any fines or other sanctions, without prejudice to their liability towards MyKubo, to be determined under the general terms of Law.
12. Claims and Complaints
12.1. For claims and complaints regarding MyKubo online Platform, you may contact us through [email protected] or additionally through our complaints book. More information available on the website of the Directorate-General for Buyers: www.consumidor.gov.pt.
13. MyKubo Platform Management
13.1. Suppliers recognize that the management of the MyKubo Platform is a responsibility of Kubology and that they have no right or expectation to interfere in these activities.
13.2. Suppliers also acknowledge that Kubology is perfectly free to, according to the criteria that seems most relevant, authorize the admission of new Suppliers or delete the accounts of those that, in their sole and exclusive discretion, damage the operation of MyKubo Platform or contribute in some way to some kind of imbalance in the relationship between all the Suppliers.
13.3. Kubology is not responsible for the inconveniences or damages caused to the Suppliers and Buyers by the use of the Internet, namely those that result from service disruption, external intrusion, anomalies caused by viruses or any other cause.
14. Privacy Policy
14.1. Kubology manages the information of the Users in accordance to the legal provisions applicable to the protection of personal data, as specified in the section “Privacy Policy” at MyKubo Platform.
15.Industrial and Intellectual Property Rights
15.1. The information provided by Kubology or by third parties at MyKubo Platform is protected under the terms of the legal provisions relating to industrial and intellectual property rights and other rules provided in the specific section “Industrial and Intellectual Property Policy” at MyKubo Platform.
16. Conflicts and Jurisdiction
16.1. These General Terms of Use are subject to Portuguese law and any dispute resulting from their interpretation, integration or execution will be resolved by the Courts of the Lisbon District, expressly renouncing the Parties in the jurisdiction of any other Court. Pursuant to Law No. 144/2015 from September 8, in the event of litigation, the Parties may resort to an Alternative Dispute Resolution entity, being in Portugal the competent territory for this purpose, the Arbitration Center for Disputes Consumption of Lisbon, located at Rua dos Douradouros, 116, 2º 1100-207, Lisbon, available at www.centroarbitragemlisboa.pt. Alternatively, outside Portugal, on the RLL Platform of the European Commission, accessible at: https://ec.europa.eu/Buyers/odr/main/index.cfm?event=main.home2.show&lng=PT
Intellectual and Industrial Property Policy
1. General Principle
1.1. The rights related to Intellectual and Industrial Property, such as trademarks, logos, texts, photographs, icons, images, graphic design, source code and other software elements contained at MyKubo Platform are the property of Kubology or of Suppliers, and subject to Intellectual and Industrial Property rights, safeguarded by the Portuguese and international law.
2. Prior Written Authorization
2.1.The provision of Products at MyKubo Platform does not imply that Kubology or Suppliers waive, transmit, totally or partially transfer the rights derived from Intellectual and Industrial Property, nor assign rights of use, alteration, exploitation, reproduction, distribution or public communication on these contents, without the prior and express written authorization of the respective rights holders.
2.2.The aforementioned does not exclude the rights to see and obtain a private backup of the contents referred to, provided that: (i) these rights are exercised in accordance with the principles of good faith; (ii) its Intellectual and Industrial Property remains unchanged; and (iii) are exercised without any lucrative intent and solely for the Users’ personal and exclusive right to information.
3. User Responsibility
3.1. The responsibility resulting from the use of materials protected by Intellectual and Industrial Property rights contained at MyKubo Platform will be exclusive to the User.
4. Intellectual and Industrial Property Policy and General Terms of Use
4.1. This “Intellectual and Industrial Property Policy” is an integral part of the “General Terms of Use” of MyKubo Platform and its reading, analysis, understanding and interpretation must always be carried out in accordance with the terms and conditions established in the subject and other complementary documents, duly identified there.
5. Abbreviations
5.1. Considering the provisions of the item above, the terms that begin with a capital letter in this “Intellectual and Industrial Property Policy” have the same meaning that is given in the “General Terms of Use” at MyKubo Platform, except if from this document results a different meaning.
List of Not Authorized Products at MyKubo plataform
1. Not authorized products
Notwithstanding the fact that Kubology is not responsible for the activity of the Users at MyKubo Platform and is not obliged to approve, consent or control in any way their activity in relation to the Products made available by the Suppliers, it is stated that publication, dissemination and sale of the following products (among others) is prohibited at MyKubo Platform:
• Counterfeit or stolen Products, or Products that intent to appropriate the rights of third parties (such as unlocking equipment or viewing encoded video signals);
• Psychotropic or narcotic drugs and /or alcoholic beverages, tobacco and its derivatives or substitutes;
• Prescription drugs or medical /pharmaceutical tests;
• Firearms, ammunition, sharp weapons, destruction materials, explosives, fireworks or derivatives;
• Confidential and /or government documents;
• Game tickets, lottery, Euro Millions and other similar gambling games;
• Offensive, obscene and/or pornographic material;
• Chemical products;
• Animals, including pets, exotic and /or protected species;
• Shares, bonds and other tradable financial values.
1.1. Without prejudice to the mentioned above and in relation to the fact that Kubology assumes no responsibility for the activity of Users at MyKubo Platform, Kubology can, at any time and at its own discretion, edit the list of Products indicated above, as well as prevent the provision of any other product whenever necessary.
2. Other not authorized products
• It is still prohibited at MyKubo Platform any other Product that its sale is not permitted by applicable law, or that requires a prior license, authorization, registration or any other legal requirement, in the country of origin or destination, or which the Supplier that provides it is not in a position to guarantee it.
• The prohibition stated in the previous paragraph includes the provision of products for regulated sale, for example, depending on the age of the Buyers who buy them, without the Supplier guaranteeing the existence of mechanisms to control the respective sale at MyKubo Platform, that unequivocally and effectively ensure compliance with the standards in question.
3. The current “List of not Authorized Products at MyKubo Platform”
The current “List of not Authorized Products at MyKubo Platform” is an integral part of the “General Terms of Use” of MyKubo Platform and its reading, analysis, understanding and interpretation must always be done in accordance with the terms and conditions established in the document in question and other complementary documents, duly identified there.
4. Abbreviations
Considering the provisions of the item above, the terms that begin with a capital letter in this “List of not Authorized Products at MyKubo Platform” have the same meaning that is given in the “General Terms of Use” at MyKubo Platform, except if from this document results a different meaning.