These Terms and Conditions regulate the use of the website you have just accessed and the provision of the services commercialised through it.

INTRODUCTORY PROVISIONS

Identification of the owner of Guardamixte and supplier of the products:

The services advertised under the Guardamixte brand are provided by the company Balões & Sugestões Lda. NIF: 515 807 478 with offices at Rua Simão José de Azevedo, Lote 18o, 3 Dto 8100-557, Loulé and e-mail address info@guardamixte.com, which is also the supplier of the services commercialised through this website and in this contract identified as Guardamixte.

The spaces made available on the website belong to franchised promoters (hereinafter referred to as Promoters) who also assume compliance with these Terms and Conditions.

The identification of each promoter is available on the page of each Guardamixte shop.

WHAT IS THE GUARDAMIXTE CONCEPT?

1. Guardamixte is a self-storage service franchise based on providing space for private and professional purposes in an innovative way.
   
   Through this website, Users will be able to contract with Guardamixte for the assignment by the latter of a Box space in one of the available locations, to store any goods they own there, managing access to the location by themselves or third parties in a fully electronic, automatic and secure manner.
   
   1.1 Guardamixte provides an automatic local control system with door control, lighting, video surveillance, intrusion detection and fire detection. The Guardamixte website and the local control system are interconnected and allow Guardamixte services to be contracted and paid for online in a flexible and varied way, giving you access to the space completely electronically.
   
   1.2 Given the electronic nature of the service, the User accepts that all contacts made within the scope of accessing and using Guardamixte will be made by automatic communication, via email.
   
   USE OF GUARDAMIXTE
   
   1.3 Use of Guardamixte confers the status of User and implies unreserved acceptance of these Terms and Conditions in force at all times. If you do not agree to the Terms and Conditions in their entirety, you should not access Guardamixte or the associated functionalities and services.
   
   1.4. By accepting the Terms and Conditions, the User does so on their own behalf and/or on behalf of the organisation they represent (if applicable).
   
   The User declares that he/she is over 18 years of age, guaranteeing that he/she has full legal capacity for the acts he/she performs and the necessary powers to carry out this acceptance. If they represent a legal person, they guarantee its validity and their powers of representation.
   
   
2. By accepting the Terms and Conditions, the User expressly declares that they will not use Guardamixte and the functionalities and services associated with its use for any unlawful purpose.
   
   2.1 Guardamixte reserves the right to change the Terms and Conditions at any time and without prior notice. The new Terms and Conditions will be available on the website and the user will be notified when entering their personal area.
   
   2.2 Guardamixte guarantees the security of the User's account within the expected security measures appropriate to similar platforms, and is therefore not responsible for damages arising from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to Users.
   
   2.3 Under no circumstances may Guardamixte and/or its representatives and employees be held liable for any damage that may arise, even accidentally, from the malfunctioning of Guardamixte, or for any damage caused by reproduction, use or exploitation.
   
   2.4 Violation of the provisions of the Terms and Conditions by the User constitutes grounds for termination by Guardamixte. In any case, the violation of the provisions of the Terms and Conditions by the User and regardless of whether or not it is terminated, always entitles Guardamixte to be indemnified for all damages arising therefrom.
   
   GUARDAMIXTE SERVICES
   
   
3. Guardamixte provides access to a variety of spaces in the locations indicated on the website, all of which are available for access by consumers or professionals.
   
   3.1. Guardamixte has made every effort to ensure that the information presented on Guardamixte is up-to-date and free of typographical errors and, whenever these occur, will correct them as soon as possible. At any time, you may change, delete or move any information on Guardamixte, without prior notice, namely information on available spaces/services, prices, promotions, offers and commercial conditions.
   
   3.2 The User expressly accepts that:
   
   a) The photographs shown are for illustrative purposes and the User should read the information on their essential characteristics and, if in doubt, contact Guardamixte for further information;
   
   b) All Guardamixte spaces/services are subject to availability at any given time.
   
   c) The spaces available in each shop may have different characteristics to those advertised in generic marketing campaigns about the concept; these characteristics should be consulted directly on the website for each space available in each shop.
   
   d) The information provided on the spaces available in each shop is the responsibility of the franchised promoters who own each shop.
   
   PRICE AND PAYMENT
   
   
4. The price of the services is identified on the Guardamixte website, in Euros, including VAT at the legal rate in force, and varies according to the characteristics of the space selected and the length of time it is to be used (subscription period).
   
   4.1. The prices shown on Guardamixte are based on subscribing to the space for various periods, with various time offers available, making it possible to quickly and intuitively understand how much the service will cost you. There is a mandatory period (minimum 1 day and maximum 365 days), and you can extend the contract time whenever you wish before the end of the contract in force, and you can freely access the site while your subscription is active.
   
   4.2. Subscribing to the service entails the compulsory payment of a deposit to guarantee full compliance with the User's obligations and to cover any damage caused to the assigned space, whereby the first amount paid by the User will automatically be subtracted for the purpose of paying the deposit for the subscribed space (the value of 30 days of subscription) and will not be counted for the purpose of calculating the subscription period associated with the selected space.
   
   4.3. The price of the services is subject to change by Guardamixte, without prior notice, up to the moment the User confirms that they have subscribed to the service.
   
   4.4 Promotions, discount codes and specific conditions may apply to each space, with an impact on the price of the service.
   
   4.5 To subscribe to the service, the user must first create a personal account on the website and during this process read and accept the Terms and Conditions, inserting the agreement symbol in the available box, only if they accept them. Acceptance of the Terms and Conditions is an absolute requirement for creating a personal account and consequently subscribing to the service.
   
   
5. 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 paid to access the chosen space, amount deducted as a deposit, corresponding period of use of the service.
   
   Once the choice has been made and confirmed, an email will be sent with the subscription details and the details needed to make the payment.
   
   Users must confirm this information and only pay if they agree with the details.
   
   Guardamixte does not make refunds, any amount paid will be automatically deducted from the use of Guardamixte services.
   
   5.1. By confirming the subscription to the service, the User enters into a service contract with Guardamixte and the promoter who owns the shop where each contracted space is located, expressing their acceptance of 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, Guardamixte and the promoter.
   
   ACCESS TO THE SPACE
   
   
6. Once the contract for the provision of services has been formalised and the price of the services has been paid, Guardamixte will send the User the information by email that will allow immediate access to the space in accordance with the option selected.
   
   6.1 Each access to the space will imply access to your personal account on the Guardamixte website through authentication, for which purpose you will find all the contracted services and will be able to carry out all operations (opening doors, renewals, etc.).
   
   6.2 Guardamixte accepts no responsibility for any delay or impossibility in providing access data to the space, resulting from acts for which it is not responsible (in particular due to the User's error in providing their contact details).
   
   RULES OF ACCESS, PERMANENCE AND USE OF THE SPACES PROVIDED BY GUARDAMIXTE
   
   
7. The User undertakes to comply with the rules for access, stay and use of the spaces determined by Guardamixte and displayed on the premises, in particular those relating to the safety of persons and goods, hygiene and cleanliness of the places of access, the spaces provided and coexistence/relationship with other Users. 7.1. The spaces provided are exclusively for storage and may not be used for any other purpose. 7.2 The Guardamixte spaces are available for the storage of any goods, with the following prohibitions:
   
   a) Living beings;
   
   b) Products that release vapours, fumes or other substances of any kind;
   
   c) Explosive or highly flammable products;
   
   d) Food or drink products;
   
   e) Products prohibited by law;
   
   f) Animal feed;
   
   g) Corrosive or dangerous products in the event of a spillage;
   
   h) Products that are toxic if swallowed or inhaled;
   
   i) Products requiring special storage or handling conditions that do not exist in the contracted space;
   
   j) Products of significant economic value, and Guardamixte spaces should not be used as a safe.
   
   7.3 The following storage limits must also be observed in the Guardamixte spaces for the products listed below (as a percentage of the collection volume):
   
   a) Rubber: 10%;
   
   b) Cocoa: 70%;
   
   c) Coal: 40%;
   
   d) Flour: 30%;
   
   e) Coconut fibres: 50%;
   
   f) Mineral, vegetable and animal fats: 20%; g) Press materials: 50%;
   
   h) Milk powder: 45%;
   
   i) Wood in logs: 50%;
   
   j) Malt: 25%;
   
   k) Synthetic materials: 70%;
   
   l) Molasses: 50%;
   
   m) Chipboard: 60%;
   
   n) Paper: 40%;
   
   o) Combustible floor coverings: 65%;
   
   p) Paper bags: 30%;
   
   q) Plastic bags: 15%;
   
   r) Wax candles: 15%;
   
   7.4 Works, alterations of any kind, interventions, drilling or painting of the spaces or access equipment are strictly forbidden, and the User is entirely and exclusively responsible for ensuring that, at the end of the contract, the space provided is in the same condition as it was made available to them.
   
   7.5. The User accepts that Guardamixte may, at any time and without prior notice, request and access the contracted space in order to verify compliance with the provisions of this Clause.
   
   7.6 The User must ensure that, after each access to the contracted space, it is properly locked, taking responsibility for any loss, theft or loss of stored goods. If desired and available in the shop, the User may place a padlock on the door of the contracted space in order to reinforce its security.
   
   7.7 The User assumes sole responsibility for the nature of the goods they store in the contracted space, as well as any liability that may arise from this, particularly for non-compliance with legal provisions.
   
   Guardamixte and the Promoter shall not be liable for unlawful use, which shall mean any use of the space for purposes other than the storage of goods permitted under these Terms and Conditions and other limitations displayed in the shops.
   
   7.8 The User shall be liable for any damage, harm or loss, directly or indirectly resulting from their behaviour and use of the space, accesses and common areas.
   
   Likewise, whenever the User provides their access data to third parties, they are fully responsible for the conduct of said third parties.
   
   7.9 Guardamixte reserves the right to automatically and immediately debit the amount paid by the User as a deposit to cover any costs incurred by the Promoter or Guardamixte under the terms of the previous paragraph, without prejudice to the right to demand compensation from the User for any excess damages.
   
   7.10. The amount paid as a security deposit may also be deducted to cover any cleaning costs that Guardamixte or the Promoter may incur as a result of the User's conduct or that of a third party with access authorised by the User.
   
   7.11. The User may maintain up-to-date insurance covering the value of the stored goods at all times.
   
   7.12. The access areas to the spaces and common areas will be monitored by Guardamixte and the Promoter, namely through the collection of images by a video security system, for the purpose of the safety of people and goods.
   
   No images will be taken from inside the spaces.
   
   CONTRACT EXTENSION
   
   
8. The User may extend the subscription period at any time.
   
   8.1. The User will be notified of the end of the contracted period of use by means of an email sent by Guardamixte with three days' notice of the end date of the contract.
   
   This notification will contain the data necessary to make the payment, in order to maintain the validity of the access codes to the space, and thus extend the contracted period of use.
   
   This notification will be made again on the day before the end of the contracted period of use, whenever the User has not made payment by then. 8.2 If the User fails to pay for the extension, the service contract signed with Guardamixte and the Promoter will terminate automatically, without the need for any additional communication, under the terms set out in the following clause.
   
   TERMINATION OF CONTRACT
   
   By cancellation
   
   
9. The Contract terminates automatically when the period of use contracted under clauses 6 and 8 of the Terms and Conditions has expired.
   
   9.1 The User may terminate the contract at any time and without the need for justification, by means of a cancellation notice sent by email to Guardamixte.
   
   The amount that will be refunded through "time contracted and not used" will be deducted from any offer in balance that was made when contracting the space.
   
   9.2 Upon termination of the contract, the access codes to the space contracted by the User will be automatically deactivated, and Guardamixte and the Promoter will be authorised to access the space for cleaning and inspection. 9.3 The User must ensure that all their goods are collected before the end date of the contract and the validity of their access data.
   
   Any goods not collected and not picked up by the end of the contract will be considered abandoned for all legal purposes and removed from the occupied space, with Guardamixte reserving the right to dispose of them as it sees fit. 9.4 Without prejudice to the above, Guardamixte will inform the User within 10 days of the result of the inspection carried out on the space by the Promoter, and of the consequences inherent in such a result, in the following terms:
   
   9.4.1 The space is considered "available": The User will be contacted by Guardamixte, giving them the possibility of returning the amount paid as a deposit (in which case the User must indicate their IBAN for transfer of the amount, which will be carried out within a maximum of 15 days after receiving such information) or opting to use the amount of the deposit to contract services with Guardamixte. 9.4.2 The space is considered "unavailable":
   
   Guardamixte will contact the User, providing them with photographs and a description of the state of the space and the reasons that led to this conclusion.
   
   Guardamixte will retain the value of the deposit and debit it to cover any repair or cleaning costs, under the terms of clauses 7.9 and 7.10.
   
   Once the process of repairing and/or cleaning the space has been completed, Guardamixte will notify the User of the report of costs incurred and deducted from the security deposit, and the User will be given the opportunity to return the remainder of the security deposit (if applicable). Guardamixte reserves the right to claim compensation from the User for the remaining costs not covered by the value of the security deposit, as well as compensation for loss of profits relating to the period during which the space is prohibited from use (due to the need for repairs or other similar reason), which the User undertakes to settle within 15 days of being called to do so. after being called upon to do so.
   
   By cancellation
   
   9.5 Guardamixte reserves the right to terminate the contract entered into with the User at any time, whenever there is a breach of any obligations set out in the Terms and Conditions, notifying the User by email of such breach and giving the User a period of no less than 3 days to restore contractual fulfilment, failing which the declaration of termination will become effective and immediate.
   
   9.5 Termination of the contract under the terms of the previous paragraph implies the automatic deactivation of the User's access data and the carrying out of inspection and damage assessment procedures, as provided for in clauses 9.2 to 9.4.
   
   RIGHT TO FREELY TERMINATE THE CONTRACT
   
   
10. Right to freely withdraw from the contract 10.1 This applies exclusively to contracts concluded with final consumers, as defined in Law 24/96 of 31 July, as amended. 10.2 The User has the right to freely withdraw from the contract within 14 calendar days, without having to give any reason. The period for exercising the right of withdrawal expires within 14 calendar days of the day on which the User receives the access data to the contracted space. 10.3 The User may fill in the Free cancellation form suggested below, or send a written and unequivocal notice of their decision to cancel, either by registered letter or by e-mail to the Guardamixte contact addresses identified in these Terms and Conditions.
    
    If the User uses the latter method, Guardamixte will send the User an acknowledgement of receipt of the cancellation request by email within 24 hours.
    
    Form
    
    MODEL CANCELLATION FORM (YOU SHOULD ONLY COMPLETE AND RETURN THIS FORM IF YOU WISH TO CANCEL THE CONTRACT)
    
    Name: ____________________________________________________
    
    Contribuinte:_______________________
    
    Telephone: _____________________________
    
    Email: __________________________________________________
    
    Address: ______________________________________________________
    
    I hereby notify you that I am terminating our contract for the provision of Guardamixte services for the space identified by _____________.
    
    Signature of the consumer (only if this form is notified on paper):
    
    
    
    Data ______________
    
    10.4 For the withdrawal period to be respected, it is sufficient for the communication regarding the exercise of the right of withdrawal to be sent before the expiry of the withdrawal period provided for in 10.2.
    
    10.5 In the event of cancellation of the contract under the terms of this Clause, the provisions of Clauses 9.2 to 9.4 shall apply. 10.6 In the event of termination of the contract under the terms of this Clause, Guardamixte will contact the User, giving them the option of reimbursing the contracting time not yet consumed (if applicable) - in which case the User must indicate the IBAN for transfer of the amounts to be reimbursed.
    
    Guardamixte will proceed accordingly within 14 days of receiving the bank details for this purpose.
    
    FINAL PROVISIONS
    
    
11. Intellectual property
    
    11.1 Balões & Sugestões LDA is the owner of all intellectual property rights over the website and the technology applied in this concept.
    
    11.2 The contents made available by Guardamixte through the website, namely texts, images, brands, logos, source codes, are protected by intellectual property legislation, namely copyright and industrial property rights, and are owned or licensed by Guardamixte and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written authorisation of Guardamixte or the holder of the applicable intellectual property right, which the User acknowledges and accepts. 11.3 The User undertakes not to make any abusive use of said content, which may not be copied, disseminated, used or copied in any way, not using software tools to collect protected content, namely robots, crawlers or other automatic mechanisms.
    
    11.4 The User shall not copy, translate, disassemble or decompile, or 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 the software associated with its operation, or remove any confidentiality or intellectual property notices.
    
    11.5 The User undertakes to fully reimburse Guardamixte for any indemnities, costs or expenses it incurs as a result of claims of any kind or nature directed against it by third parties, based on the violation of third party rights, namely intellectual property rights related to the use of content made available, provided or made available through the website and the services associated with it, including for indemnities paid to third parties by agreement with them.
    
    
12. Protection of Personal Data
    
    Guardamixte, as data controller, respects your privacy. Any and all personal data collected at Guardamixte will be kept confidential and will not be sold, communicated or in any way reused by third parties without your authorisation.
    
    Any personal data provided to us will be processed in accordance with the relevant legislation, best practice and ensuring all technical and organisational security measures are in place to protect it. For more information on how we process your personal data, you should consult our Privacy Policy, without prejudice to the notices in the appropriate places.
13. Liability
    
    To the fullest extent permitted by law, Guardamixte and the Promoter will only be liable for damages caused by wilful misconduct.
    
    Guardamixte assumes no responsibility for the continuous availability of its website, and in particular mobile networks, the Internet and mobile devices.
    
    
14. User support and complaints
    
    Users can send comments, suggestions or complaints to Guardamixte via the e-mail address info@guardamixte.com.
    
    
15. Applicable law, jurisdiction and alternative dispute resolution
    
    15.1. The provisions of this clause apply exclusively to sales made to final consumers, as defined in Law no. 24/96, of 31 July, as amended.
    
    15.2. Guardamixte informs you that, under the terms of the Consumer Protection Law, consumer disputes of a low economic value (less than €5,000.00) are subject to necessary arbitration or mediation, provided that, at the express option of the consumers, they are submitted to an arbitration tribunal attached to legally authorised consumer dispute arbitration centres. Therefore, in the event of a dispute, the final consumer may resort to any of these means, and must be represented by a lawyer or solicitor (or request legal aid, under the terms of the law).
    
    15.3 Furthermore, under Regulation (EU) 524/2013 of the European Parliament and of the Council, the User can access the Online Dispute Resolution (ODR) Platform at https://webgate.ec.europa.eu , where information is provided on the possibility of using it to resolve their disputes.
    
    15.4 The Consumer Portal (www.consumidor.pt) also provides information on the Alternative Dispute Resolution bodies available to promote the out-of-court resolution of national and cross-border disputes under Law no. 144/2015, of 8 September 2015. 144/2015, of 8 September, with subsequent amendments, when they are initiated by a consumer against a supplier of goods or services and concern contractual obligations resulting from contracts for the purchase and sale or provision of services, concluded between an established supplier of goods or services and consumers resident in Portugal and the European Union.
    
    15.5 Under the terms and for the purposes of article 18 of Law no. 144/2015, of 8 September, we hereby inform you that the ADR entity available is the Faro Consumer Conflict Arbitration Centre, with the following contact details:
    
    Address:
    Ninho de Empresas
    Edif. ANJE,
    Estrada da Penha
    3o andar, sala 26
    8000 Faro,
    Portugal
    e-mail: info@consumoalgarve.pt
    
    Telephone:
    289 823 135 (Monday to Friday: 9:00 - 13:00 / 14:00 - 17:00)
    Telephone of the Directorate-General for Consumer Affairs: 707 788 787
    
    Website: www.consumoalgarve.pt
    
    15.6 The Terms and Conditions, and the contracts entered into through this platform, shall be governed subsidiarily by Portuguese law. In the event of a dispute, the Parties shall have recourse to the District Court of Guardamixte's head office, without prejudice to any mandatory provisions, particularly in the field of consumer law.
    
    The User declares that they have read and understood these Terms and Conditions and that they have 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, Guardamixte and the Store Promoter, which derogates from any previous proposal or agreement, written or oral, and any other communication between you, Guardamixte and the Promoter relating to the subject matter of the contract.
    
    Terms and Conditions updated on 02-04-2024