The following Terms & Conditions regulate the use of this platform as well as the services that are being marketed on it.
1. Service provider:
The advertised services under the reSt@ck brand are provided by Helena da Ponte Unipessoal, Lda, fiscal number 510623654 with offices in Moradia da Ponte N.º 57, Picota 8100-317 Loulé, email address info@casasasul.com and phone number +351 913 884 055.
2. Service Automation
2.1. The reSt@ck platform enables Users to electronically rent a storage unit or office space in any of the available locations for personal or professional purposes, in a fully automatic and secure manner. Furthermore, access to said spaces is controlled and monitored through the platform. Third party access can also be granted through the platform.
2.2. reSt@ck provides a door control system, lighting, video surveillance, intrusion and fire detection on their locations. The reSt@ck platform allows the contract of services and performing payments in a flexible way, as well as allowing access to the rented spaces.
2.3. Given the digital nature of the service, the User agrees that any contact relative to accessing and using the platform will be conducted via electronic means (e.g. email).
3. Service usage
3.1. The use of the platform which reSt@ck provides, gives you the status of User and implies the acceptance, without reservation, of these Terms and Conditions, in force at all times. If you do not agree with the Terms and Conditions in their entirety, you should not access the platform or the associated features and services.
3.2. By accepting the Terms and Conditions, the User does so on their own behalf and/or the organization they represent (if applicable). The User declares to be over 18 years of age, guaranteeing that he/she has full legal capacity for the acts that he/she practices and the necessary powers to carry out such acceptance. If you represent a legal person, you guarantee its validity and its powers of representation.
3.3. By accepting the Terms and Conditions, the User expressly declares that he/she will not use the online platform, features and services associated with reSt@ck, for any unlawful purposes.
3.4. reSt@ck reserves the right to change the Terms and Conditions at any time and without prior notice, sending a mere notification on the site to the User with the new applicable Terms and Conditions.
3.5. reSt@ck guarantees the security of the User's account within the expected security measures and suitable for similar platforms, and is therefore not responsible for losses arising from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily impede, access, navigation or provision of services to Users.
3.6. Under no circumstances will reSt@ck and/or its representatives and employees be held liable for any damage that may result, even accidentally, from the malfunction of the platform, or for any damage caused by reproduction, use or exploitation.
3.7. Violation of the provisions of the Terms and Conditions by the User constitutes grounds for their resolution by reSt@ck. In any case, the violation of the provisions of the Terms and Conditions by the User and regardless of whether its resolution is carried out or not, always entitles reSt@ck to be compensated for all damages arising therefrom.
4. User Registration
4.1. In order to make the most of the platform, the User must register an account containing the following information: name, telephone number, email address, password, billing address, and, if applicable, a fiscal number.
4.2. The User is responsible for the veracity and completeness of the data provided, as well as for its updating. The User will be the solely responsible for any false or inaccurate statements that he/she make and, consequently, for indemnifying reSt@ck for all damages that it suffers as a result of the breach of this provision.
4.3. The contents inserted in the User's account, as well as all the activities that take place in it, are the User's responsibility, and reSt@ck does not have any obligation to monitor the contents or the fulfillment of any User's responsibilities.
4.4. reSt@ck does not have access to or knowledge of the password defined by the User for the purposes of accessing the platform and the provided storage unit or office spaces, and the User is responsible for ensuring the confidentiality of the password and ensuring its safekeeping and good use, as well as, comply with good practices regarding the security of your account and the assets stored in the transferred locations (in particular, changing your password regularly and avoiding connections via networks open to the public). reSt@ck is not responsible for damages arising from the loss or misuse of the User's password.
4.5. Through the platform, the User can access their account in real time and change their personal data, perform new rentals or extend existing ones, check the validity of their subscriptions (until when the space is paid for), activate notifications of accesses to the space or consult the history of service subscriptions.
5. Services
5.1. reSt@ck provides access to a variety of spaces in the locations indicated on the website, being indistinctly available for access by consumers or professionals.
5.2. reSt@ck has made every effort to ensure that the information presented in the platform is up-to-date and free from typographical errors and, whenever these occur, it will correct them as soon as possible. At any time, it may change, delete or move any information on the platform, without the need for prior notice, namely regarding available spaces/services, prices, promotions, offers and commercial conditions.
5.3. The User expressly accepts that:
a) The photographs presented will be illustrative, and the User should read the information about their essential characteristics and, in case of doubt, contact reSt@ck in order to obtain additional information;
b) All reSt@ck spaces/services are subject to availability at all times.
c) The spaces available may have different characteristics from those advertised in generic marketing campaigns.
6. Space Selection and Subscription
6.1. After reading the information provided on the characteristics of the space, the respective price and costs inherent to its use and other specific information provided, the User selects the desired space, proceeding to the process of subscribing to the space use service.
7. Prices and Payment
7.1. The price of the services is identified on the reSt@ck platform, in Euros (including VAT at the legal rate) and varies depending on the specifics of the space and the period of duration intended for its use (subscription period).
7.2. Payment is done per selected space at the the time of the rental.
7.3. The prices shown on the platform refer to the space subscription for a period of 30 days - however, they are merely indicative as some spaces (i.e. offices) can be rented for a shorter period.
7.4. In order to subscribe to the service, the User must specify the subscription period, up until when the space will be paid and accessible to them. The cost is calculated in relation to the specified time for the selected space.
7.5. Subscribing to the service implies the mandatory payment of a deposit (security value) to ensure full compliance with the User's obligations and to cover any damage caused to the space provided.
7.6. The price of the services is subject to change by reSt@ck, without prior notice, until the User confirms their subscription to the service.
7.7. Specific conditions may apply for each space, reflecting the price of the service.
7.8. To subscribe to the service, the User must read the Terms and Conditions, inserting the agreement symbol in the available box, only in case of accepting them. Acceptance of the Terms and Conditions is an absolute requirement for contracting the service. The User must file the Terms and Conditions for future consultation. Only after agreeing with the Terms and Conditions can the User select the payment method.
7.9. Before confirming the subscription to the service, the User will be presented with a summary of the contracted conditions - selected space (and its location), amount to be charged for the chosen space, amount deducted as security and corresponding period of use of the service, as well as the necessary information to make the respective payment. The User must confirm this information, only proceeding with the payment if he agrees with the indicated data. reSt@ck does not make refunds.
7.10. Upon confirming the subscription to the service, the User enters into a service provision contract with reSt@ck, expressing their acceptance, the description of the space and its characteristics, the price, the subscription period and the Terms and Conditions, which contain the only provisions applicable between the User and reSt@ck.
7.11. After confirmation of subscription by the User, the User will receive an email confirming the subscription to the service with reSt@ck, with a summary of the information about the subscription made, including the identification of the selected space (and its location), the total price (including the security deposit) and period of use of the corresponding services, as well as the payment method selected by the User and respective data and deadline. If any data is not correct, the User must immediately request its correction by email to info@casasasul.com.
7.12. Once the price has been paid, the invoice will be issued by reSt@ck and sent to the email address provided by the User.
7.13. With the confirmation of the subscription by the User, accompanied by the subsequent full payment of the price, the contract for the provision of the space assignment services made available at reSt@ck is formalised, which will remain in force for the period of initial use subscribed by the User. It can be extended at the User's initiative, upon account balance charges pursuant to Clause 10.
8. Space Access
8.1. Once the contract for the provision of services is formalised and payment of the price for the services has been made, reSt@ck will send the User by email, the information that will allow immediate access to the space in accordance with the selected option.
8.2. Each access to the space will imply a specific access authorization, via the reSt@ck platform upon authentication. For this purpose, the User must follow the instructions received by email.
8.3. reSt@ck refuses any responsibility for any delay or impossibility of delivering data to access the space, resulting from acts for which it is not responsible (namely due to the User's error in providing his/her contact details).
9. Rules for access, permanence and usage of spaces
9.1. The User agrees to abide by the rules of access, presence, and usage of the spaces established by reSt@ck, which are posted in the premises, with particular emphasis on those related to the safety of people and goods, the hygiene and cleanliness of the entry points and the spaces provided, and the interaction with other Users.
9.2. The spaces provided exclusively for storage cannot be used for any other purpose.
9.3. reSt@ck storage units are available for storing goods, with the following prohibitions:
a) Living beings;
b) Products that release vapors, smoke or other substances of any nature;
c) Explosive or high flammable products;
d) Food or beverage products;
e) Products prohibited by law;
f) Food for animals;
g) Corrosive or dangerous products in case of spillage;
h) Toxic products that could be hazardous if ingested or inhaled;
i) Products that require special storage or handling conditions that are not provided in the contracted space;
j) Products of significant economic value, for which reSt@ck spaces should not be used as a safe.
9.4. In the reSt@ck spaces, the following storage limits for the products listed below must also be adhered to, with the percentage of the collection volume not to exceed:
a) Rubber: 10%;
b) Cocoa: 70%;
c) Charcoal: 40%;
d) Flour: 30%;
e) Coconut Fiber: 50%;
f) Mineral, vegetable and animal fats: 20%;
g) Press Materials: 50%;
h) Powdered milk: 45%;
i) Log wood: 50%;
j) Malt: 25%;
k) Synthetic materials: 70%;
l) Molasses: 50%;
m) Agglomerated wood panels: 60%;
n) Paper: 40%;
o) Combustible floor covering: 65%;
p) Paper bags: 30%;
q) Plastic bags: 15%;
r) Wax candles: 15%;
9.5. Carrying out any works, alterations, interventions, perforations, or painting of spaces or equipment is strictly prohibited, and the User is solely responsible for ensuring that, upon the termination of the contract, the space is returned to its original condition when it was made available to them.
9.6. The User hereby agrees that reSt@ck maintenance staff may, at any time and without prior notice, request access to the rented space, for the purpose of, but not limited to:
a) Maintenance or repair of any damages or safety hazards;
b) Addressing any compliance or regulatory issues;
c) Security check or inspection;
d) Performing any other tasks necessary for the upkeep, security, and proper functioning of the space;
9.7. The User must ensure that, after each access to the contracted space, it is properly closed, being responsible for any loss, theft or misplacement of stored goods. If desired and upon request, the User may place a padlock on the door of the contracted space, in order to reinforce its security, after obtaining authorization from reSt@ck.
9.8. The User assumes sole responsibility for the nature of the goods stored in the contracted space, as well as any liability that may arise from such fact, namely for non-compliance with legal provisions. reSt@ck will not be responsible for any illegal use, being understood as such any use of the space for purposes other than the storage of goods permitted under these Terms and Conditions and other limitations posted in the locations.
9.9. The User will be liable for any damages and losses, directly or indirectly resulting from their conduct and use of the space, accesses and common areas. Likewise, whenever the User provides their access data to the space to third parties, they are fully responsible for the conduct of such third parties and for any damages and losses, directly or indirectly resulting from their conduct and use of the space, accesses and common areas.
9.10. reSt@ck reserves the right to automatically and immediately debit the amount paid by the User as a guarantee (Security Deposit) to cover any costs incurred in accordance to the preceding paragraph, without prejudice to the right to demand from the User compensation for any excess damages.
9.11. The amount paid as a deposit may also be deducted to cover any cleaning expenses that reSt@ck may incur as a result of the User's conduct or that of a third party with access authorized by the User.
9.12. The User undertakes to maintain an insurance policy that covers the value of the stored goods at all times.
9.13. The access areas to common spaces and areas will be monitored by reSt@ck, namely through the collection of CCTV images, with the purpose of securing people and goods. No images will be collected from inside the spaces.
10. Contract Extension
10.1. The User may extend their subscription at any time, during the rental period of a space.
10.2. The User will be notified one week before of the expiry date of the contracted term of use via email sent by reSt@ck, containing the necessary data to facilitate the extension payment. Additionally, a reminder notification will be sent two days prior to the end of the contracted period, in the event that the User has not yet paid the extension fee.
10.3. If the User does not proceed to pay the service extension fee, the contract for the provision of services signed with reSt@ck will automatically terminate, without the need for any additional communication, under the terms set out in the following clause.
11. Termination of Agreement
By denunciation
11.1. The Contract automatically terminates when the end of the contracted period of use is reached (that is, when the User doesn't extend the rental period) pursuant to clauses 7 and 10 of the Terms and Conditions.
11.2. Upon the termination of the contract, the User will no longer be permitted access to the space, and reSt@ck will be authorised to inspect and clean the space.
11.3. The User must ensure that all goods are collected prior to the date and time of the expiry of the contract. Any goods not collected by the expiration date shall be treated as abandoned for all legal purposes and will be removed from the occupied space. reSt@ck reserves the right to determine the destination of these goods.
11.4. Without prejudice to the foregoing, reSt@ck will notify the User, within 10 days, of the result of the inspection carried out in the space, and of the consequences inherent to such result, in the following terms:
11.4.1 The space is considered "available":
The User will be contacted by reSt@ck, in order to return the amount paid as a security (in which case the User must indicate his IBAN for the transfer of the amount, which will be carried out within a maximum period of 15 days after receiving such information).
11.4.2 The space is considered "unavailable":
reSt@ck will contact the User, providing photographic evidence as well as a textual description of the state of the space and the reasons that led to such a conclusion. reSt@ck will then retain the value of the security deposit, debiting it to support any repair or cleaning costs pursuant to clauses 9.10 and 9.11. Once the process of repairing and/or cleaning the space is completed, reSt@ck will communicate to the User the report of costs incurred and deducted from the value of the deposit, with the possibility of returning the remainder of the deposit (if applicable), under the terms of 11.4.1. Additionally, reSt@ck reserves the right to claim from the User compensation for the remaining costs not covered by the value of the deposit, as well as compensation for lost profits for the period in which the space could not be used (due to repairs or other identical reasons), amounts that the User undertakes to pay within 15 days after being asked to do so.
By resolution
11.5. reSt@ck reserves the right to terminate the contract with the User, at any time, whenever there is a breach of any obligations provided for in the Terms and Conditions, notifying them by email of such non-compliance and granting them a period of not less than 3 days to restore contractual compliance, under penalty of becoming effective and immediate the declaration of termination.
11.6. Termination of the contract under the terms of the previous number implies the automatic deactivation of the User's access, and the carrying out of inspection and damage assessment procedures, as provided for in clauses 11.2 to 11.3.
RIGHT TO FREE RESOLUTION OF AGREEMENT
12. Right of free termination of the contract
12.1. It exclusively applies to contracts entered into with the final consumer, as defined in Law No. 24/96 of July 31, with any subsequent amendments.
12.2. The User has the right of free termination of the contract within 14 calendar days, without giving any reason. The period for exercising the right of withdrawal expires within 14 days from the day on which the User receives the data to access the contracted space.
12.3. The User can send a written and unambiguous communication of their decision to terminate, and may do so by registered letter or by email to the contact addresses of reSt@ck identified in these Terms and Conditions. If the User makes use of the latter, reSt@ck will send the User, by email, a notice of receipt of the request for resolution, within 24 hours.
12.4. In order for the termination period to be respected, it is sufficient that the communication referring to the exercise of the free right of termination be sent before the termination period provided for in 12.2.
12.5. In the event of termination of the contract pursuant to this Clause, the provisions of clauses 11.3 to 11.4 shall apply.
FINAL PROVISIONS
13. Intellectual Property
13.1. Stowify is the owner of all intellectual property rights over the platform and the technology applied to the service provided by reSt@ck.
13.2. The contents that are made available by reSt@ck through the site, namely texts, images, brands, logos, source codes, are protected by intellectual property legislation, namely, by copyright and industrial property rights, being its ownership or license, held by reSt@ck and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of reSt@ck or the holder of the intellectual property right applicable, which the User acknowledges and accepts.
13.3. The User undertakes not to make any abusive use of such contents, and they cannot be copied, disseminated, used or copied in any way, not using software tools for the collection of protected contents, namely, robots, crawlers or other automatic mechanisms.
13.4. The User will not copy, translate, disassemble or decompile, nor create or attempt to create, by reverse engineering or otherwise, the source code and object code of the platform, as well as third-party tools and applications and software associated with the operation nor will it remove any confidentiality or intellectual property notices.
13.5. The User undertakes to fully reimburse reSt@ck for any indemnities, costs or expenses incurred as a result of claims of any kind or nature directed against it by third parties, based on the violation of third party rights, including rights intellectual property relating to the use of content made available, provided or made available through the site and its associated services, including compensation paid to third parties by agreement with them.
14. Personal Data Protection
reSt@ck, as the data controller, respects your privacy. All personal data collected at reSt@ck will be kept confidential and will not be sold, communicated or otherwise reused by third parties without your authorization. Any personal data provided to us will be treated in accordance with relevant legislation, with best practices and ensuring all technical and organisational security measures to protect them. For more information on how we treat your personal data, you should consult our Privacy Policy, without prejudice to the notices contained in the proper places.
15. Responsibility
To the fullest extent permitted by law, Stowify and reSt@ck will only be liable for damages caused by intent. reSt@ck assumes no responsibility for the continuous availability of this platform, and in particular mobile networks, the Internet and mobile devices.
16. User support and complaints
The User may send comments, suggestions or complaints to reSt@ck through the email address info@casasasul.com
17. Governing Law, Jurisdiction and Alternative Dispute Resolution
17.1. The provisions of this clause apply exclusively to sales made to final consumers, as defined in Law No. 24/96, of July 31, with subsequent amendments.
17.2. reSt@ck informs that, pursuant to the Consumer Protection Law, consumer disputes of low economic value (less than €5,000.00) are subject to necessary arbitration or mediation, whenever, by express option of the consumers, these are submitted to the appreciation of the arbitration court attached to the legally authorized arbitration centers for consumer disputes. Thus, in case of litigation, the final consumer may resort to any of these means, and must be represented by a lawyer or solicitor (or request legal aid, in accordance with the law).
17.3. Furthermore, under Reg. (EU) 524/2013 of the European Parliament and of the Council, the User can access it at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .chooseLanguage to the Online Dispute Resolution Platform (RLL), where information is provided on the possibility of using it to resolve your disputes.
17.4. Information is also available on the Consumer's Portal (www.consumidor.pt) on the Alternative Resolution Entities of consumer disputes available, to promote the extrajudicial resolution of national and cross-border disputes under Law No. 144/2015, of 8 September, with subsequent amendments, when they are initiated by a consumer against a supplier of goods or service provider and comply with contractual obligations arising from contracts of purchase and sale or provision of services, entered into between a supplier of goods or provider of established services and consumers residing in Portugal and in the European Union.
17.5. Under the terms and for the purposes of the provisions of art. 18 of Law No. 144/2015, of 8 September, informs that the ADR entity available is the Faro Consumer Conflict Arbitration Centre, with the following contacts:
Address: Ninho de Empresas, Edif. ANJE, Estrada da Penha, 3.º andar, sala 26 - 8000 Faro, Portugal
Email: info@consumoalgarve.pt
Telephone: +351 289 823 135 (Monday to Friday: 9:00 - 13:00 / 14:00 - 17:00)
Telephone of the General Directorate of Consumer: 707 788 787
Website: https://www.consumoalgarve.pt
17.6. The Terms and Conditions and the contracts entered through this platform, will be further regulated by Portuguese Law. In the event of a dispute, the Parties will compulsorily appeal to the District Court of reSt@ck's headquarters, without prejudice to any mandatory provisions, namely in matters of consumer law. The User declares that they have read and understood these Terms and Conditions and that they had the opportunity to seek independent legal advice before accepting them. You further acknowledge that this is the complete and exclusive statement of the agreement between you and reSt@ck, which derogates from any prior written or oral proposal or agreement, and any other communication between you and reSt@ck relating to the subject of the contract.
Updated on 2023/05/12