Terms and Conditions of Use
TAP STORE TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use of the Online Shop TAP STORE (hereinafter simply referred to as “TAP STORE”) are between P&R95 Marketing e Promoções, Lda, with Corporate Taxpayer (NIPC) number 504703064 and registration number at the Commercial Registry Office of Cascais number 11789, with head office at Rua dos Gladíolos, nº 131, 2750 Cascais, Portugal (“P&R95), Transportes Aéreos Portugueses, S.A. a public limited company with a share capital of forty one million five hundred thousand euros, with head office at Lisbon Airport, Building 25, 8th Floor, 1704-801 Lisbon, Portugal, with single Corporate Taxpayer (NIPC) number 500 278 725 and the same registration number at the Commercial Registry Office of Lisbon, and the User / Customer, establishing the rules and obligations for accessing and using the website with the link www.store.flytap.com (hereinafter referred to as the “Website”, for purchases, applications, games, hobbies or for any other products or services, among other digital features made available to Users or Customers of the Website (“User” or Customer”).
- These Terms and Conditions are intended – together with the Terms, Policies and Conditions of General Use of Transportes Aéreos Portugueses, S.A. (available at https://www.flytap.com/en-us/terms-and-conditions), in everything that is not contrary to these Terms and Conditions, with the order form and other specific terms and conditions that may be communicated to the User on the Website and at any time (hereinafter collectively referred to as “Terms and Conditions”), to regulate the access to and use of the Website, also defining the terms and the conditions under which the Sales Agreement (the “Agreement”) between P&R95 and the User or Customer of TAP Store will be governed. These Terms and Conditions do not constitute a binding offer but only an invitation to contract.
- This website is owned by TRANSPORTES AÉREOS PORTUGUESES, S.A., a public limited company with a share capital of forty-one million five hundred thousand euros, with its head office at Aeroporto de Lisboa, Edifício 25, 8.º andar, 1704-801, Lisbon, Portugal and with the single Corporate Taxpayer and registration number, at the Commercial Registry Office of Lisbon, of 500 278 725 (“TAP”).
- By using TAP Store, the User is not contracting with TAP but exclusively with P&R95, a company licensed to market all the products and services available in TAP Store.
- Use of the Website implies acceptance and compliance with the Terms and Conditions described herein. Payments made through the Website (hereinafter, the “Payments”) are managed by P&R95 and are subject to the Terms and Conditions set forth herein.
- TAP Store, in addition to providing information on a set of products through its website, also allows the User or Customer to electronically purchase the products presented, under the Terms and Conditions described herein.
- By accepting these Terms and Conditions the User is agreeing to and accepting these Terms and Conditions as well as our General Terms, Policies and Conditions of Use https://www.flytap.com/pt-pt/termos-e-condicoes, our Privacy, Security and Data Protection Policy https://www.flytap.com/pt-pt/termos-e-condicoes, which, together with these Terms and Conditions, are an integral part of the General Terms, Policies and Conditions of Use. If the User does not agree with them, it should not subscribe them or should discontinue using them.
- TAP and P&R95 may modify, add or remove portions of these Terms and Conditions and all terms, policies or conditions on its websites and apps at any time without prior notice. Such amendments shall take effect immediately upon their publication. It is the solely the Customer’s or User’s responsibility to keep itself informed, and to consult these Terms, Policies and Conditions and any other terms, policies and conditions on a regular basis. By continuing to use TAP Air Portugal’s websites and apps, the User agrees to any changes made to them, and hereby expressly states that it has read, understood and accepted their Terms and Conditions in full. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
- TAP and p&r95 reserve the right to modify, at any time, the information and commercial offer presented on its partners, products, prices, promotions and discounts, commercial conditions or services.
- Any use of the websites and/or apps that infringes the provisions of these Terms and Conditions may result, among other things, in the termination or suspension of the User’s rights to use the websites and/or apps, as well as in removing its access to reserved areas. TAP and P&R95 reserve the right to delete the User’s registration and its Customer account.
- All rights relating to TAP’s websites and apps and to its digital presence are fully reserved.
P&R95 is a company that manages online portals in the area of internal/external incentives, customer loyalty, as well as online stores.
PRIOR CUSTOMER OR USER REGISTRATION
- To place an order in TAP Store, registration on the Website is not mandatory, and for this purpose select the option (“Continue without registration”), entering as a guest.
- The User may, however, login using TAP Account or TAP Miles&Go Account data.
- In order to place the order, the User must provide the following information: name, address, e-mail and tax identification number. Failure to complete all required fields (duly marked) will invalidate the request.
- Registration in TAP Store is free of charge.
- The User undertakes to provide accurate, updated and complete information during the registration process and to update this information in order to keep it accurate, current and complete.
- The User is responsible for protecting its password and undertakes not to disclose it to third parties.
- The User is solely responsible for actions or account activity at TAP, whether or not it has authorized such actions or activities.
- The User shall immediately notify TAP of any unauthorized use verified in its TAP account or in the TAP Miles&Go account.
PRIVACY, PERSONAL DATA PROTECTION AND PROCESSING POLICY OF CUSTOMERS OR USERS
- The User or Customer expressly authorizes TAP, P&R95 and their selected partners, as well as any of TAP STORE’s service providers to record, process and use any personal data provided by the User or Customer relating to TAP Store’s products and services, and/or for the purpose of communicating and promoting its actions and/or others. These entities undertake to keep confidentiality, and to guarantee the security of TAP Store Users’ or Customers’ data to which, for that purpose, it might have access, and shall not use such data for any other purposes, or for their own benefit, nor relate them to other data that they possess.
- The personal data input in the User’s TAP account, as well as well as data provided as a complement to the information available, will always be used by TAP or P&R95 in accordance with the Personal Data Protection Law in force at any moment, in order to continuously improve User experience when using our websites and apps, and to streamline the processes in which Users reserve our services and products.
- TAP is committed to protecting the privacy of TAP Store Website users. In this context, it has developed a Privacy, Security and Data Protection Policy, with the purpose of asserting its commitment and respect regarding rules of personal data privacy and protection, which is available at https://www.flytap.com/pt-pt/termos-e-condicoes.
TAP STORE – GENERAL SALES CONDITIONS
- The Sales Agreement (the “Agreement”) in TAP Store is executed electronically through the Website, in accordance with the provisions of Portuguese law applicable to agreements of this kind.
- Users can read all the Terms and Conditions of the Agreement in Portuguese or English.
- The presentation of products on the Website simply represents a non-binding offer so Users can select and purchase products from the TAP Store. The User acknowledges that there will be no contract with P&R95, until the order is expressly accepted by P&R95. To place an order, the User must select the products (by clicking on “add to cart”), indicate the quantity and finish the order. When the order is received by P&R95, the User receives a confirmation email. This will only represent a confirmation of receipt and is not a legal acceptance of the User’s order, which will only be fulfilled with the acceptance of its order associated with the delivery by P&R95 of the products it has selected (the “Agreement”).
- TAP Store has no minimum order amounts.
- By placing an order with TAP Store, the User or Customer expresses its full and complete acceptance of the general sales conditions, the prices and the description of the ordered products. Such general sales conditions being the only applicable conditions between both parties, without prejudice to applicable legal provisions.
- TAP Store products will only be considered as the property of the User after it has paid the price in full and received the product.
- The prices published include all applicable taxes and legal fees according to Portuguese Law in force at any time, at the date of payment.
- For deliveries outside Portugal, the applicable taxes and charges may be different and the final price may, in that case, be different too. Therefore the address provided by the Customer is decisive for determining the final price of the order.
- The prices published in TAP Store at any time always replace the prices previously published.
- In the event of any discrepancies between a graphic representation of a product and the information contained in the description of that product, the latter shall prevail.
- Information on product functionalities, dimensions, weight and sizes represents a sample for the product concerned. If the graphic image of the product contains additional decorative materials, those additional decorative materials are not covered by the Agreement or included in any form in the order to be shipped, unless otherwise specified in the product description.
- P&R95 will keep an historical record of the order number and the Customer name for the maximum period required, in accordance with the law, acting as a subcontracting party of TAP, after the order is placed, and the Customer may access, update, rectify or delete this information, at any time, by written request, addressed to TAP’s headquarters, located at Rua C, Aeroporto de Lisboa, Edifício 25 – 8º andar, or at any time by accessing the contact form at TAP Store.
- All TAP Store products are covered by a 2-year compliance guarantee under the Law.
- The identity of the supplier and its address, as well as the essential features of the products being sold, and their price, are available on the Website. Any errors in the order can only be corrected if it has not yet been dispatched, via the order form on TAP Store. The intended correction will only be considered as having been validly requested after written confirmation from P&R95 regarding the reception of your rectification request.
- When placing an order through TAP Store, the User declares that s/he is over 18 (eighteen) years old and has the legal capacity to enter into a contract of this nature.
DELIVERY AND EXPEDITION EXPENSES
- Delivery of orders of TAP Store is subject to the payment by the User of the shipping costs in force at the date of shipment of the order, and taking into account the method of transportation, the destination, and weight of the order, which will be expressly indicated when the order is concluded.
- OShipping prices include VAT when applicable under legislation in force.
- NIn the case of shipments to countries outside the European Union, these are subject to payment of Customs Tariffs determined by the country of destination, payment of which is the sole responsibility of the User. If the order is returned to TAP Store owing to non-payment by the User of the Customs Fees for which the User is responsible, the latter will bear the shipping costs.
- Shipment to countries outside the European Union may not be possible, and may result in delays and additional costs. P&R95 shall not be liable for any damages that may occur due to any of those facts, and the User shall be exclusively liable for payment of any additional expenses.
ORDER PAYMENT METHODS
- The following payment methods may be available at TAP Store:
- (i) Paypal
- (ii) Credit Card (Visa / Mastercard/Eurocard)
- (iii) ATM transfer
- (iv) Mileage from the TAP Miles&Go program
- In the case of payment by ATM transfer, the order will only be considered valid if the payment is considered valid within a maximum period of forty eight (48) hours after your order in TAP Store.
- In the case of payments with miles from the TAP Miles&Go program, this will be automatic by logging in with your TAP Miles&Go customer number. Please also consult the Program Terms and Conditions, through the link https://www.flytap.com/pt-pt/termos-e-condicoes-miles-and-go.
- By using the payment methods identified in clause 7.1, the User is also bound by the specific rules of these payment service providers and specific rules applicable to TAP’s Miles&Go program.
- The following payment methods may be available at TAP Store:
- The products will be delivered by mail through CTT at the address indicated by the Client when the order is placed, within a maximum period of 7 days, unless otherwise stated in the Contract.
- If the products are not accepted when delivered, and due to which they are returned to P&R95, we hereby warn that the Customer will be able, within 60 (sixty) days at the most, to contact P&R95 in writing, through the TAP Store contact form, informing the address to which it wants the products in question to be re-dispatched, while previously settling the shipping costs, for which an estimate will be given – through the means of payment mentioned in Clause 7 above -, while presenting the order form and a valid identification document. After the said maximum period of 60 (sixty) days, P&R95 will consider the products as abandoned by the Customer, reserving the right to destroy them or dispose of them as it sees fit. We also warn that the guarantee periods of re-dispatched products may be expired, as these are counted from the moment of the first shipment by P&R95, to the address provided by the Customer, and so TAP and P&R95 decline all and any liability for any defect or nonconformity that the products may eventually have.
- Unless otherwise agreed, the products will always be delivered at the address provided by the User.
- If the order is not received due to lack of receiver at the address provided in the order, it will be returned to P&R95. An email will be sent to the Customer and after its reply, a new shipment will be made, after the prior payment of the costs of the re-dispatch to P&R95’s bank account number indicated in the mail. After 60 (sixty) days without any contact from the customer, the User hereby expressly declares that P&R95 should consider the order as abandoned, and P&R95 may dispose of them as it sees fit.
RIGHT TO TERMINATION
- The Customer may freely withdraw from its purchase (except in the case of personalized articles whose return is not possible) without having to state the reason, within 14 (fourteen) calendar days from the products reception date, having, for that purpose, to return the products purchased in accordance with the following paragraph.
- The return provided for in the previous paragraph shall be made through the completion of the form in TAP Store within the period indicated above, communicating the intention to terminate the Agreement.
- The right of withdrawal may only be valid and effective if the Customer returns the products within the period indicated in clause 9.1, in the exact original conditions in which they were sent and upon delivery of a copy of the proof of purchase, under penalty of rejection, by P&R95, of the return in question.
- The products shall be presented under the operating and use conditions in which they were sold, including their original packaging. If the packaging is damaged and/or the articles have obvious marks of use, P&R95 will not accept their return, nor will it reimburse the price or other amounts associated with the shipment.
- The Customer may also return its products to P&R95 within 15 (fifteen) days of their reception.
- With the exception of defective products, and when the right of termination has been exercised by the Customer in the terms set forth above, P&R95 shall reimburse the amounts paid by the Customer by the means it deems most appropriate, and provided that the products are returned in perfect condition and in their original packaging.
- It is the Customer’s sole responsibility to provide evidence that it has exercised its right of free termination within the respective legal deadline, as well as to bear the costs with returning the products.
- In the event that the customer requests to cancel the order for reasons beyond TAPSTORE’s control, and if TAPSTORE has already incurred the respective costs of shipping the order, the customer will not be reimbursed for the shipping costs.
- Product exchanges (change to a different size or to a different product) are allowed within 15 days, for products of equal or greater value than the product initially ordered. In this case, the customer will have to pay the costs of return, any price difference and the postage of the new delivery.
- In the event that the intended product has been for any reason discontinued and there is no stock replenishment, we will reimburse the amount paid for the product initially ordered.
LIMITATIONS OF LIABILITY
- Under no circumstances shall P&R95 or TAP, its subsidiaries, affiliates, employees, partners, licensors or suppliers be liable for any indirect, consequential, punitive, special or incidental damages arising out of, or in any way related to, access to, use of, or inability to use the Website for the content or content of users, even if P&R95 or TAP has been advised of the possibility of such damages occurring, unless such damage is due to fraud or fraud attributable to P&R95 or TAP.
- The User acknowledges and warrants that the use of the Website is at its discretion and that P&R95 or TAP or any of its subsidiaries, affiliates, employees, agents or contractors are not liable for any direct, indirect, incidental or consequential damages, punitive, consequential, special or other pecuniary damages, fees, fines, penalties or liability arising out of the voluntary use of the Website.
- P&R95 or TAP assume no obligation or liability for any computer viruses, malicious code or other harmful elements, delays, inaccuracies, errors or omissions, completeness, reliability or usefulness of the information made available or accessed through the Website.
- The User acknowledges and guarantees that, to the extent legally permitted, it assumes the risks arising from access to and use of the Website.
- When using the Website, the User undertakes:
- (i) not to use manual or automated software, devices, scripts, robots or backdoors or other means or procedures aimed at accessing, “scrape,” “crawl” or “spider” any website page or services provided;
- (ii) not to copy, store or otherwise access or use information made available on the Website for purposes not expressly permitted in these Terms and Conditions;
- (iii) not to violate the rights of any persons or entities, namely, intellectual property rights, privacy, property or contractually established rights;
- (iv) not to interfere with or damage the Website, including through the use of viruses, trojan horses, cancel bots, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing, electronic mail information or similar methods or technologies;
- (v) not use the Website or the Social Networks to transmit, distribute, publish or submit any information related to third persons or entities, namely photographs of others without prior authorization, personal contacts, etc;
- (vi) not to register on behalf of third parties;
- (vii) not to act as another person or entity, falsifying or misrepresenting its identity or relationship with third parties;
- (viii) not to use automatic scripts to interact with, or collect information from, the Website;
- (ix) not to publish, make available, upload, transmit or upload content that: (a) infringes, violates or infringes any patents, copyrights, trademarks, trade secrets or other intellectual property, advertising or reservation of the privacy of third parties; (b) violates or incites the violation of applicable laws or regulations or generates civil liability; (c) is fraudulent, false or misleading; (d) is defamatory, obscene, pornographic, gross, vulgar or offensive; (e) promote discriminatory, intolerant, racist, hateful, harassing or harmful behavior against an individual or group of individuals; (f) is violent or threatening, promotes violence or actions that may be threatening to others; or (g) promotes illegal or harmful activities or substances;
- (x) not to use, display, mirror or frame the Website or any of its elements, as well as the name, brand, logo, layout, graphics, drawings of the Website or from any other related website without the express consent of P&R95 or TAP;
- (xi) not to access, tamper with or use non-public, restricted access areas of the Website, P&R95, TAP or third party’ computer systems;
- (xii) not to attempt to investigate, exploit or test the vulnerability of P&R95 or TAP’ systems or networks, or violate any security or authentication system or measures;
- (xiii) not to evade, deflect, remove, disable, impair, decode or otherwise avoid technological measures implemented by P&R95, TAP, third parties contracted by them, Users or third parties, to protect the Website;
- (xiv) not to forge the TCP / IP header or any other part of the header information in e-mail, publishing newsgroups, or to use the Website to send altered, misleading or false information;
- (xv) not to attempt to decipher, decompile, disassemble, or reverse engineer the software used to make and create the Website; or
- (xvi) not to advise, encourage or assist third parties to perform any of the actions described in the preceding paragraphs.
- P&R95 or TAP shall have the right to investigate and hold the User accountable for any breach of the obligations described above, to the extent permitted by law.
- P&R95 or TAP may access, store or disclose any information if required to do so by law or if there is sufficient reason to believe that it is necessary to (a) respond to complaints filed against P&R95 or TAP or comply with legal requirements (b) enforce and manage agreements with users, such as these Terms and Conditions, (c) fraud prevention, risk assessment, research, customer support, development (d) protect the rights, property or safety of P&R95 or TAP, its Users or other members of the public.
- When using the Website, the User undertakes:
- All trademarks, logos, trade names and other designations relating to TAP or P&R95 used on the Website are trademarks or registered trademarks of TAP or P&R95 or duly licensed.
- All other trademarks, logos and trade names are the property of the referenced parties.
TRACKING TECHNOLOGIES (COOKIES)
- In this way, when the User accesses the Website, it will make certain information available to P&R95 and TAP.
- TAP Store does not change its rules and practices in exchange for changing the “Do not Track” signal in the browser’s HTTP header.
- These technologies help us to provide you with a better experience whenever you browse websites or applications, allowing you to improve your own website or application and provide the Customer with content, offers, campaigns.
- TAP may, directly or through third parties contracted to provide such services, track User behavior on the Website to prevent fraud, customer support, data and behavior analysis, investigation, risk assessment and law enforcement, as well as allow the User to access the Website and make payments.
- TAP may also, directly or through third parties contracted for this purpose, monitor the User’s behavior on the Website, in order to be able to market and advertise its services or products, either on the Website or on third-party websites.
EXTRAJUDICIAL SETTLEMENT OF DISPUTES
- Under the terms of Law no. 144/2015 of 8 September, Users or Customers may submit any contractual conflicts to arbitration and mediation mechanisms that are or will be legally constituted (using alternative dispute resolution entities (ADR), as well as by submitting a complaint to CNIACC – National Center for Information and Arbitration of Consumer Disputes.
- The non-exercise by P&R95 of rights or application of certain rules under these Terms and Conditions does not constitute a waiver thereof.
- The waiver referred to in the previous number must be made in writing and duly signed by a legal representative of P&R95.
- Except as expressly provided in these Terms and Conditions, the exercise of rights by one of the parties does not affect the exercise of rights by the other party.
- If any provision of these Terms and Conditions is found to be invalid or ineffective by a court or arbitrator, that rule shall apply to all that is legally admissible and to the extent that it may take effect, with the other rules remaining unchanged.
FREE RESOLUTION FORM
The form to return your order and request a refund is available here.
COMMENTS AND SUGGESTIONS
- Users’ comments and suggestions are welcome and can be made through the contact form available in TAP Store. By submitting suggestions, recommendations or comments, you grant P&R95 and TAP a non-exclusive, perpetual, irrevocable license free of any liens and encumbrances to use such suggestions, recommendations or comments on the Website.
GUARANTEES AND RESPONSIBILITY OF P&R95
- P&R95 does not guarantee to the User or Customer, in any way whatsoever:
- i. That the content, products or services fulfil or are able to fulfil any of its needs or expectations;
- ii. That any error in the software will necessarily be corrected;
- iii. Any losses suffered by the User or Customer and by third parties that may arise from failures to capture, view or use the contents, not attributable to P&R95 or by virtue of unauthorized use of TAP servers;
- iv. The correctness, timeliness or truthfulness of the information contained in the Contents, as well as any errors, deficiencies or inaccuracies thereof, or the damages that they originate.
- v. Any damages suffered by the Customer or User or Customer and/or third parties, resulting from the use or impossibility of using the content or the Website due to delays, interruptions, errors and suspensions of communications and loss of information in that sequence, which arise out of factors beyond its control and that cannot be attributed to it, in particular, any deficiencies or failures caused by the communications network or communications services provided by third parties, by the computer system, modems, connection software or any computer viruses or arising from the downloading of infected files or viruses or other properties that may affect the terminal equipment of the Customer or User or Customer, in particular when the latter does not install the appropriate access protection software, as well as in situations of unpredictable computer systems.
- vi. Any damages suffered by the Customer or User or Customer and/or by third parties that may come from any unauthorized use of P&R95’s or TAP’s servers.
- The Website is a public electronic communications network, and P&R95 and TAP do not ensure that the Contents has no inaccuracies, lapses or typographical errors. P&R95 does not guarantee uninterrupted provision, loss of information or delays in the event of force majeure.
- P&R95 does not guarantee to the User or Customer, in any way whatsoever:
COMMUNICATIONS AND NOTIFICATIONS
- Without prejudice to other forms of communication provided in these Terms and Conditions, all notifications made to the User or Customer under these Terms and Conditions, including any changes thereto, will be made to the e-mail address provided by the User or Customer at the time of Registration. Should the User or Customer wish to contact the TAP Store, it may do so through the online contact form.
- Notices shall be deemed to be made on the business day immediately following the sending of the notification to the e-mail address provided by the User or Customer at the time of Registration. The User or Customer undertakes to notify TAP or P&R95 of any change to the e-mail address provided at the time of Registration. Failure to comply with this obligation renders ineffective before TAP or P&R95 any change of address, considering that all notifications under the terms set forth in 20.2 above have been made.
ACCESS TO PERSONAL DATA
- The User or Customer may access, update and modify the personal information that has been provided to us. To this end, it just needs to access the data directly, updating, correcting or deleting them, at any time, by written request, addressed to TAP headquarters, located at Rua C, Aeroporto de Lisboa, Edifício 25 – 8º andar, or at any time by accessing your personal area in your TAP Customer account, including deleting your account if you have already registered.
- The User or Customer may also request at any time that their data be erased or restricted. If so, TAP will delete your account and the User or Customer will no longer have access to the Website’s services.
- To obtain a copy of your personal information on our website or to request the deletion of your profile/registration, please send a written request, addressed to TAP headquarters, located at Rua C, Aeroporto de Lisboa, Edifício 25 – 8º andar, or access your personal area in your TAP Customer account.
- P& R95 cannot be held responsible, nor will it be deemed non-fulfilment, for any non-performance or delay in performance resulting from a case of force majeure, which is understood to be circumstances that make it impossible to carry it out, unrelated to P&R95, which it could not know or anticipate at the date of conclusion of the contract and whose effects it was not reasonably required to circumvent or avoid.
- Force majeure may occur if the requirements of the preceding paragraph are met, such as earthquakes, floods, fires, epidemics, sabotage, strikes, international embargoes or blockades, acts of war or terrorism, riots, and governmental or administrative injunctions.
- The occurrence of circumstances that may constitute force majeure events shall be communicated to the User as soon as possible.
- Force majeure determines the extension of the deadlines for compliance with contractual obligations affected by the period of time proven to be due to the impediment resulting from force majeure, namely with regard to processing deadlines and delivery of the order made by the User.
- These Terms and Conditions are subject to Portuguese law.
- In the event that any provision of these Terms and Conditions of Use shall be deemed void, invalid or ineffective, such fact shall not affect the validity or effectiveness of the remaining Clauses, which shall remain in force.
- These Terms and Conditions of Use shall be interpreted in accordance with Portuguese Law.
- For the settlement of any disputes arising from this Agreement or from the interpretation and application of these Terms and Conditions, the competent jurisdiction is that of the Lisbon District Courts, with the express waiver of any other.