Conditions
Thank you for visiting our website. Please make sure you carefully read the Terms and Conditions on this page, since any use of this website means you agree to the Terms and Conditions presented here.

The terms "UPABABY®", "we" and "our" refer to UPABABY® - Eduardo Martins Pires Moreira, and are used in the most suitable manner depending on the context. The "Customer", "you" and "your" refer to any person who accesses and/or uses this website.


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.

2. Agreement

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 (info@upababy.pt) 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.

6. Prices

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.
To urgent or last minute orders may be applied additional costs of service according to the following table:



Interval in days between conclusion date of order and beginning of hire period
Last minut delivery

Up 2 days
Urgent delivery

From 3 to 6 days
Regular delivery

From 7 days
Cost15€10€0€

Orders that include holiday or weekend dates (Saturday or Sunday), for delivery and / or collection, may be subject to the collection of additional fees.

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 (info@upababy.pt) or phone to request this service.

All equipment available for sale for the time being is shown on the pages of equipment for sale. For any equipment that you are searching for and does not appear on these pages, please contact UPABABY® by email (info@upababy.pt) or phone.


7. Payment methods

Your order can be paid by:

  • Bank Transfer
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 info@upababy.pt
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 this 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.

  • PayPal
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 4,4% 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. Warranty

in DL 67/2003 of 8th April, with amendments introduced by Decree-Law 84/2008 of 21st May

All products sold are covered by a 1-year compliance warranty.

If the purchased product has a defect or is damaged, you should report this situation to UPABABY® by email (info@upababy.pt) or letter stating your order number and description of the malfunction.

Upon reception of the item on the premises of UPABABY®, we will proceed with the technical verification and, if we confirm any lack of compliance, we will act in the most appropriate manner.

If the technical verification detects signs of misuse and/or any problems that may have caused the malfunction of the item (for ex: fall, humidity, etc.) which is of the Customer's responsibility, you will be contacted for indication whether you would like us to proceed with budgeting the equipment repair.

10. 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.


11. 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 (info@upababy.pt) 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®.


12. 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.


13. 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.


14. Cancellation

By UPABABY®
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 agreement was cancelled, in accordance with these Terms and Conditions, any amount debited to the account of UPABABY® will be returned via bank transfer within a maximum of 6-8 days without any charge to the Customer.

By the Customer
The Customer may cancel the agreement with UPABABY® up to 5 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 6-8 days, with an additional fee of 10€ for each equipment canceled for administration charges which is subtracted from the amount already sent after formalising the order.

The Customer can change the delivery and pickup dates of the order, provided that he or she contacts UPABABY®, via email (info@upababy.pt) up to 5 business days before the delivery date and receives confirmation by UPABABY® regarding the possibility of such changes.


15. Refusal to rent or sell

UPABABY® can refuse to rent or sell 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.


16. Exceptions

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.
 

17. Ownership

All the equipment rented to the Customer is owned by UPABABY®.


18. 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:
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.


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.


21. Language

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 March of 2019.

© 2019 - Tous droits réservés