1. Domain ownership
The website www.upababy.pt is registered under the “Regulation for .PT domain/subdomain registration” and is owned by UPABABY® – Eduardo Martins Pires Moreira, with head office at Rua José, 1.º Dto. in Perafita, registered at the Commercial Registry Office of Matosinhos under the single registration and taxpayer number 222 366 796.
We – UPABABY® – rent and market the equipment available at www.upababy.pt.
The agreement between UPABABY® and the Customer shall enter into force when, after accepting these Terms and Conditions and after formalising your order on the website, you receive an order confirmation email by UPABABY® with all the details of the order.
3. Content information
www.upababy.pt is intended for private use only. It is forbidden to reproduce, transfer, distribute or store the contents of www.upababy.pt for purposes other than strictly personal use without prior written consent.
UPABABY® reserves the right to modify at any time the commercial information and offer presented on: equipment, prices, promotions, commercial conditions and services.
We make every effort to ensure that the information provided does not have any typographical errors and, whenever they do occur, we will proceed with correcting them as soon as possible. In the case of the information provided not matching the characteristics of the equipment, the Customer has the right to terminate the agreement under the applicable legal provisions.
Equipment specifications and prices are subject to change without prior notice.
4. Ordering online
To purchase via www.upababy.pt, you need to register as a Customer by completing the online form. Once registered, simply add all the items that you wish to purchase to the virtual shopping cart. You must follow all the steps to successfully complete the order.
Validating the purchase order suggests that the Customer read and accepted the Terms and Conditions of www.upababy.pt. The data recorded by UPABABY® is evidence of all transactions carried out between UPABABY® and the Customer. UPABABY® is responsible for archiving the electronic document which formalises the agreement, as well as keeping it accessible.
Once the Customer completes the order, an email will be sent confirming the transaction. If the data in the email is not correct, you can promptly request to change it or even cancel the order.
5. Availability of equipment
UPABABY® only processes an order placed by a Customer after the respective payment is confirmed, and therefore cannot guarantee the availability of the equipment until the beginning of that process. The payment must be concluded until five workdays before the begining date of rental.
The website www.upababy.pt allows you to place orders with rental start date 5 days after the completion of the order, since the payment is effected on the same date. For needs of starting dates with a deadline shorter than 5 days you should contact UPABABY®, by email ([email protected]) to request this service.
UPABABY® may, if the equipment of the selected color is not available at the start date of rental, replace the equipment for another with a different color.
The prices indicated on www.upababy.pt are in euros (€) and include VAT at the current rate.
The prices shown are valid for the geographic coverage area of UPABABY®: Mainland Portugal.
The Upababy does deliveries in Lisbon and Oporto airports. This service has an aditional cost of 20€ and the service is available 24 hours a day, 7 days a week.
Prices shown on the website apply to all orders completed with the minimum of 7 days to rental start date.
Orders that include holiday or Sunday dates for delivery or collection will be subject to an additional charge of 8€.
The value of delivery and / or collection may vary depending on the address (postal code) indicated by the Customer.
The value of delivery and / or collection may vary depending on the time of delivery. Regular timetable from 7:00 a.m. to 10:00 p.m. and night timetable from 10:00 p.m. to 7:00 a.m.
On the pages displaying the equipment, prices are shown for rental periods of 3 days, 7 days, 14 days, 2 months, 3 months and 4 months. For any other rental period different from the ones presented, please contact UPABABY® by email ([email protected]) or phone to request this service.
7. Payment methods
Your order can be paid by:
IBAN – PT50 0023 0000 4553 8286 0039 4
SWIFT/BIC – ACTVPTPL
You are required to make the payment and send the proof of payment to our email [email protected]
Include the description of the movement and the number of your order.
After receiving the proof of payment, your order will be processed immediately.
This payment method does not include bank charges, if these apply, they will be charged to the client. This payment method is only available for bank accounts within the European Economic Area. For all other countries the recommended payment method is PayPal.
Multibanco / Home Banking
When choosing this payment option, an ATM reference is generated allowing you to pay in any ATM, via the Internet or any other location that accepts this type of payment.
After receiving the proof of payment, your order will be processed immediately.
Payments via PayPal are quickly and safely carried out using your credit or debit card provided with the card verification code. This code is printed on the back of your card and only the last 3 digits are used.
To make payments via PayPal, you do not have to register or even have an account, only your information is required.
When choosing the payment method via Paypal , the customer will be redirected to the secure payment website. If you are already a Customer, you can enter your account data and proceed with payment. If you are not a Paypal Customer yet, the data will be required to pay for the order.
After receiving the proof of payment (sent by PayPal), your order will be processed immediately.
If you choose the payment method via PayPal, an extra tax of 4,8% will be added to the amount of your order.
8. Return of Security Deposit
The Customer pays the security deposit when formalising the order. This deposit will be refunded upon return of the equipment and provided that it is in reasonable condition and suitable to the operation which it is intended for.
If the equipment is returned to UPABABY® with delay after the delivery date set in the order due to the Customer’s fault, we reserve the right to withhold the security deposit and charge additional amounts we deem reasonable until the equipment is returned.
If the equipment is not returned in the same good and sound condition as received, we reserve the right to withhold all or part of the amount of the security deposit according to the assessment made by UPABABY®.
The amount of the security deposit will be refunded to you, in Cash, by PayPal or by Bank Transfer, after reception and verification of the good conditions of the product returned to UPABABY®.
The return of the security deposit amount of hirings made within the context of UPABABY® partnerships will be held in accordance with the terms of these protocols.
9. Equipment maintenance
The Customer should check the good condition of the equipment as soon as it is received and must ensure that it maintains the same conditions of usability, cleanliness and safety. Any anomaly should be immediately reported to UPABABY®. The Customer should not attempt to repair the equipment under any circumstances. The Customer should return it to UPABABY® for verification.
10. Delivery and pickup
The delivery and pickup of the order are set when formalising the order on the website.
Any need to change delivery dates and/or locations by the Customer or UPABABY® must be notified by email ([email protected]) at least 72 hours in advance and is subject to the agreement of both parties.
The Customer is liable for specifying the delivery and pickup addresses with the utmost rigour at the time of formalising the order.
The Customer is responsible for ensuring that on the agreed date someone will be available to receive the order. If this person is not found at the delivery address, a new attempt will be made after contacting the customer to set a new delivery time. If again it is not possible to deliver the order, it will be returned to UPABABY®. For each unsuccessful delivery attempt, the customer will be charged an extra amount of 10€.
If the delivery address is that of a hotel and the Customer is not present at the time of delivery, the Customer should inform the hotel that you are expecting an order from UPABABY®.
11. Customer Responsibilities
The Customer is responsible for:
Not subletting or lending the equipment to anyone.
Checking at the time of delivery that the equipment is the same as ordered and is in good condition.
Carefully reading the instructions accompanying the equipment before use and following the directions throughout the period of use.
Ensuring that the equipment is safely and wisely used only for the intended purpose and in accordance with the instructions enclosed.
Being present and supervising the children using the equipment.
Ensuring that the equipment is returned in a condition that is consistent with the fulfilment of his or her obligations as a Customer.
Returning the equipment that requires batteries with working batteries.
In addition, the Customer is responsible for the use of the equipment in their possession, as well as for any damage that may be eventually caused. The Customer will be charged with all costs associated with this damage.
12. Loss, damage, non-return or late return of the equipment
The Customer accepts full responsibility for taking care of, keeping and returning the equipment in good condition during the agreed rental period.
The Customer will be charged with the costs resulting from loss and/or damage that the equipment has undergone during the agreement period. In these cases, the responsibility of the Customer is conventionally limited to the amount equal to the Security Deposit.
If the equipment is returned to UPABABY® with delay or not returned at all due to the Customer’s fault, after the delivery date set in the order, we reserve the right to withhold the security deposit and charge additional amounts we deem reasonable until the equipment is returned.
UPABABY® reserves the right to cancel the agreement with the Customer at any time prior to delivery, if:
– There is not enough stock to deliver the ordered equipment.
– It is not possible to deliver the equipment at the address stated by the Customer.
– One or more of the items ordered were presented with a wrong price due to typographical error.
After being notified, via email, by UPABABY® that the contract has been canceled, in accordance with these Terms and Conditions, any amount charged to the UPABABY® account will be returned under the following terms:
– For payments by Bank Transfer and Multibanco, the total amount transferred will be returned within a maximum period of 4-6 working days, for European customers. Customers from outside the European Union will be charged the amount of the transfer costs for the return of the transferred amount.
– For payments made by PayPal the fee of 2.4% will be deducted from the total transferred, and the remaining amount will be returned within a maximum period of 1-2 working days.
The customer can always, before completing an online order, confirm the availability of the equipment by email [email protected]
By the Customer
The Customer may cancel the agreement with UPABABY® up to 7 days prior to the delivery date and any amount debited to the account of UPABABY® will be returned via bank transfer, within a maximum of 3-4 working days, with an additional fee of 10€ for each equipment cancelled for administration charges which is subtracted from the amount already sent after formalising the order. If the order has been paid by PayPal, the PayPal transfer fee charged will also be deducted from the amount paid. If the order has been paid by Multibanco, the fee of € 1.00 will also be deducted from the amount paid.
The Customer can change the delivery and pickup dates of the order, provided that he or she contacts UPABABY®, via email ([email protected]) up to 5 business days before the delivery date and receives confirmation by UPABABY® regarding the possibility of such changes.
14. Refusal to rent
UPABABY® can refuse to rent equipment to a Customer whenever:
There is no stock available;
No payment has been made until 5 days prior to the delivery date (in the case of rental);
Full payment of the agreed amount has not been made.
The service or sale is outside mainland Portugal.
UPABABY® shall not be held responsible for any failure to deliver the equipment that the Customer ordered or any delay in the delivery caused by any event or circumstance which is beyond the control of UPABABY®, such as strikes, protests, fires, floods, explosions or accidents.
The value of the Security Deposit will be increased whenever, during the rental period, the equipment leaves mainland Portugal by air.
All the equipment rented to the Customer is owned by UPABABY®.
17. Data privacy
The personal data provided by the Customer is not disclosed to third parties and it is included in the Customer’s database of UPABABY®, up to a maximum period of 90 days after the conclusion of the contracted rental period or registration on the website without an order formalization. An exception to this rule is when we need third-party services. For example, if processing an order is needed the a Carrier or an Accommodation Service.
The data collected on this website are intended for the processing of orders and communication with Customers, processing information requests and any complaints.
All Customers have the right to access, correct, cancel and oppose to their data. If, at any time, you no longer wish to be part of the UPABABY® database, you may exercise this right by the following means:
Email: [email protected]
Letter: UPABABY – Eduardo Martins Pires Moreira, Rua José Silva Mouta, n.º54, 1.ºDto. 4455-565 Perafita, Portugal
The automatic treatment of data, including the management of emails from this website’s users, was detailed in a report submitted to CNIL in April 27th, 2012, registered under number 4732/2012.
Our customers will always be able to make a complaint about the service provided by Upababy whenever they wish. To do so, they must use the Complaint Book. This is available through the link in this number 18 of our Terms and Conditions or at the bottom of all pages of the Upababy website.
19. Applicable legislation
All agreements made on the website www.upababy.pt are subject to Portuguese legislation. The resolution of disputes arising from this agreement is of the competence of the District of Porto Court, with the express waiver of any other.
If our Customer is not in Mainland Portugal, we inform that legal proceedings should be referred to the Portuguese Courts.
20. Amendments to the Terms and Conditions
UPABABY® reserves the right to amend these Terms and Conditions, with or without prior notice, in accordance with its criteria. The most recent version of the Terms and Conditions shall replace all previous versions.
In case of conflict, the Portuguese version shall prevail over the text translated into other languages.
These Terms and Conditions were updated on 25th of February of 2022.