1. Scope and Purpose of the General Terms and Conditions of the Shop

These General Terms and Conditions, together with the booking form and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Online Shop Service by Maria’s Tuk Tuk, with headquarters at Rua Gonçalo Velho nº 7 8800-349 Tavira, under the single registration and legal entity identification number 204 464 803.

The Service consists of providing access to the Online Store via the address https://mariastuktuk.com/, which, in addition to providing information on a range of products and/or services, allows the User to order the products advertised therein electronically, under the terms and conditions described herein.

Services must be ordered by Users aged 18 (eighteen) or over (younger individuals must have authorisation from their representatives). The information provided by the User shall have full legal effect, with the User acknowledging the electronic purchases and not being able to claim lack of signature for non-compliance with the obligations assumed.

2. Product and Content Information

Maria’s Tuk Tuk will make every effort to ensure that the information presented does not contain typographical errors, which will be corrected quickly whenever they occur. If you purchase a product that has characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free termination – see point 9).

Maria’s Tuk Tuk will make every effort to send all the products ordered, but it is possible that, in certain cases and due to causes beyond Maria’s Tuk Tuk’s control, such as human error or computer system incidents, it may not be possible to supply some of the products requested by the User. If any product is unavailable after you have placed your order, you will be notified by email or telephone. At that point, you will be given the option to cancel your order and receive a refund if you have already made the payment.

All information regarding prices, products, specifications, promotional offers and services may be changed at any time by Maria’s Tuk Tuk.

3. Responsibilities

3.1 All products and services sold in the Maria’s Tuk Tuk Online Store comply with Portuguese law.

3.2 The Shop has adequate security levels, however Maria’s Tuk Tuk shall not be liable for any losses suffered by the User and/or third parties due to delays, interruptions, errors and suspensions of communications arising from factors beyond its control, namely any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or resulting from downloading infected files or files containing viruses or other properties that may affect the User’s equipment. If, for any reason, it is impossible to provide the service due to an error in accessing the Maria’s Tuk Tuk Online Shop website, Maria’s Tuk Tuk shall not be liable for any damages.

3.3 Data and information queries made within the scope of this Service are presumed to have been made by the User, and Maria’s Tuk Tuk declines any responsibility arising from the misuse or fraudulent use of the information obtained.

3.4 Maria’s Tuk Tuk shall not be liable for any loss or damage caused by misuse of the Service that is not directly attributable to it by way of wilful misconduct or gross negligence.

3.5 Maria’s Tuk Tuk is not liable for any loss or damage arising from non-compliance or defective compliance with the Service when this is not directly or indirectly attributable to it by way of wilful misconduct or gross negligence, and is not liable in particular for:

(i) errors, omissions or other inaccuracies relating to the information made available through the Service;

(ii) damages caused by the fault of the User or third parties, including intellectual property infringements;

(iii) non-compliance or defective compliance resulting from compliance with judicial or administrative authority decisions; or

(iv) non-compliance or defective compliance resulting from the occurrence of force majeure situations, i.e., situations of an extraordinary or unpredictable nature, external to Maria’s Tuk Tuk and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural disasters or other situations beyond Maria’s Tuk Tuk’s control that prevent or impede the fulfilment of its obligations.

3.6. Maria’s Tuk Tuk does not guarantee that:

i) the Service will be provided uninterruptedly, securely, without errors or will function indefinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service will meet any expectations of the User in relation thereto;

iii) any material obtained in any way through the use of the Service is used at the User’s own risk, and the User is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from this operation.

iv) no advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty that is not expressly stated in these General Conditions.

3.7. The User accepts that Maria’s Tuk Tuk cannot in any way be held liable for any damage, including, but not limited to, damage for loss of profits, data, content, or any other losses (even if the User has been previously warned of the possibility of such damage occurring), resulting from:

i) the use or inability to use the Service;
ii) the difficulty in obtaining any substitute goods/services;

iii) unauthorised access to or modification of personal databases.

4. Consumer Obligations

4. 4.1. The user undertakes to:

   i) Provide correct personal data and addresses;
   ii) Not use false identities;

   iii) Respect the order limits imposed.

   4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or possible non-delivery, the responsibility lies with the User, and Maria’s Tuk Tuk declines any responsibility. If the consumer violates any of these obligations, Maria’s Tuk Tuk reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by Maria’s Tuk Tuk to the same User; and also to deny the User future access to any services provided by Maria’s Tuk Tuk.

   4.3. The use of products and services purchased for commercial purposes, namely for the resale of goods, is expressly prohibited.

5. Privacy and Protection of Personal Data

5.1. Maria’s Tuk Tuk guarantees the confidentiality of all data provided by Users.

5.2. The personal data identified in the order form as mandatory is essential for Maria’s Tuk Tuk to provide the Service. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in Maria’s Tuk Tuk refusing to provide the Service.

5.3. The User’s personal data will be processed and stored electronically and is intended to be used by Maria’s Tuk Tuk within the scope of the contractual and/or commercial relationship with the User.

5.4. Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, either directly or by written request, as well as the right to oppose the use of such data for the purposes set out in the previous paragraph. To do so, the User should contact the entity responsible for processing personal data: info@mariastuktuk.com

5.5. The Internet is an open network, meaning that the User’s personal data, other personal information and all content hosted on the Service may circulate on the network without security conditions, running the risk of being accessed and used by unauthorised third parties, for which Maria’s Tuk Tuk cannot be held responsible.

6. Cancellation of reservations

6.1 At the User’s request

The User may cancel their reservation by contacting Maria’s Tuk Tuk by telephone or email, quoting the reservation number, within 14 days of making the reservation.

6.2 By decision of Maria’s Tuk Tuk:

Maria’s Tuk Tuk reserves the right not to process bookings if it finds any inconsistency in the personal data provided or observes misconduct on the part of the purchaser. Maria’s Tuk Tuk reserves the right not to process any booking or refund in the event of errors in the prices and/or characteristics of the products, when these arise from technical problems or errors beyond Maria’s Tuk Tuk’s control.

6.3 Refunds

Maria’s Tuk Tuk reserves the right to issue refunds using the same payment method used for payment, without prejudice to the customer, within a maximum period of 14 days. If a refund is requested using a different method, no additional costs will be charged.

7. Intellectual Property

7.1. The Shop is a registered website and the Service provided by the website itself is the responsibility of Maria’s Tuk Tuk.

7.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.

7.3. The User acknowledges that any content contained in advertising, highlights, promotions or mentions of any sponsor or advertiser is protected by laws relating to copyright and related rights, industrial property laws and other property protection laws, and therefore any use of such content may only occur with the express authorisation of the respective owners.

7.4. The User undertakes to fully respect the rights referred to in the previous paragraph, namely by refraining from any acts that may violate the law or the aforementioned rights, such as the reproduction, commercialisation, transmission or making available to the public of such content or any other unauthorised acts involving the same content.

8. Service Security Conditions

8.1. The User undertakes to comply with all applicable legal provisions, namely, not to engage in or encourage the practice of illegal acts or acts that are offensive to public decency, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules of use of the Service, under penalty of Maria’s Tuk Tuk suspending or deactivating the Service under the terms provided for in point 14.

8.2. The User expressly acknowledges and accepts that the IP Network is a public electronic communications network that can be used by multiple users and, as such, is subject to computer overloads, and therefore Maria’s Tuk Tuk does not guarantee the provision of the Service without interruptions, loss of information or delays.

8.3. Maria’s Tuk Tuk also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or in cases of force majeure (situations of an extraordinary or unpredictable nature, external to Maria’s Tuk Tuk and which cannot be controlled by it).

8.4. In the event of interruption of the Service due to unforeseeable overload of the systems on which it is supported, Maria’s Tuk Tuk undertakes to restore its operation as soon as possible.

9. Suspension and deactivation of the Shop Service

9.1. Regardless of any prior or subsequent communication, Maria’s Tuk Tuk may, at any time and at its sole discretion, discontinue the provision of the Service and/or part of the Service to one or all Users.

9.2. Maria’s Tuk Tuk also reserves the right to immediately suspend or terminate access to the Service in the following cases:

a) When the User does not comply with the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When Maria’s Tuk Tuk accesses the Shop, upon prior notice 15 days in advance of the termination date.

9.3. The suspension or termination of the Service by Maria’s Tuk Tuk, under the terms of the previous paragraphs, does not affect the right of the User or third parties to any indemnity or other compensation, and Maria’s Tuk Tuk cannot be held liable or in any way burdened for any consequences resulting from the suspension, cancellation or termination of the Service.

9.4. In the situations described above, Maria’s Tuk Tuk shall notify the User in advance so that the User may, if they wish, safeguard the content of their order viewing area within three (3) working days of the email being sent or the information being made available on the Service’s home page.

10. Communications

10.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any changes to these General Conditions, may be made to the User’s email address, by SMS or by telephone.

10.2. The User agrees to receive any and all communications and/or notifications related to the Online Shop at the address, contact telephone number and/or email address provided during the ordering process.

At any time, you may request not to receive these communications and/or notifications by using the Contact Form or by selecting the ‘Do not receive the Newsletter’ option included in each Newsletter.

11. Technical Settings

11.1. Without prejudice to the provisions of the following paragraph, Maria’s Tuk Tuk may change the Service and/or the technical conditions for providing it, as well as the respective rules of use, and must notify the User of such changes at least 15 (fifteen) days in advance.

11.2. The current version of these General Conditions and their annexes is available on the website

EMAIL: info@mariastuktuk.com

12. Communications

12.1. Whenever Maria’s Tuk Tuk deems it necessary or convenient to optimise the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.

12.2. Without prejudice to the provisions of the following paragraphs, and given the innovative nature of the Service and the technological developments to which it may be subject, Maria’s Tuk Tuk may change its technical settings whenever this proves convenient in order to adapt it to any technological developments.

12.3. However, Maria’s Tuk Tuk does not guarantee the User that any upgrades or improvements will be made to the Service.

12.4. Some upgrades or new features of the Service may only be available upon payment by the User and/or subscription to Specific Conditions of Use.

13. Complaints

13.1. The User may submit any contractual disputes to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Maria’s Tuk Tuk about acts and omissions that violate the legal provisions applicable to the purchase of goods.

13.2. The complaint must be submitted within a maximum period of 30 (thirty) days from the date on which the User becomes aware of the facts, and shall be recorded in the information systems of Maria’s Tuk Tuk, which shall decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.

Applicable Law

The Agreement is governed by Portuguese law.