TERMS AND CONDITIONS

 

TERMS AND CONDITIONS

 

1.     PROPERTY OF THE WEBSITE http://adaraya-jewellery.com

 

http://adaraya-jewellery.com/ (“Website”) is property of LEGADO DAS JOIAS, LDA. (LEGADO DAS JOIAS/ADARAYA) with tax number 515 369 543, whose registered office is located at Rua do Senhor, nº592, 2º Esq. Traseiras, 4460-417 Senhora da Hora.

For any questions related to the Website or to these terms and conditions you may contact ADARAYA through the following contacts:

Email: adaraya@adaraya-jewellery.com

Letter: Rua do Senhor, nº592, 2º Esq. Traseiras, 4460-417 Senhora da Hora.

Phone: +351 910 523 203 – Opening hours: 08:30 to 13:00 / 14:00 to 17:30, from Monday to Friday.

 

2.     SUBJECT MATTER AND SCOPE

These Terms and Conditions are applicable to the visitors of the Website as well as to any transactions of a commercial nature made through the online store ADARAYA, online available on it.

The navigation on the Website, as well as the purchase of any product in ADARAYA Online, implies the acceptance of these Terms and Conditions by the User and the Customer.

ADARAYA reserves the right to change these General Conditions of Contract and Use without notice, being any changes published on this website.

 

3.     INFORMATION ON WEBSITE CONTENT

Reproduction, transfer, distribution or storage of the contents of this Website without prior written permission granted by ADARAYA is prohibited for other purposes than the strictly personal use.

ADARAYA reserves the right to modify at any time the information and commercial offer presented on: products, prices, promotions and commercial conditions.

The photographs presented on the Website are for illustration purposes only. Therefore, ADARAYA recommends that the Customer consult the detailed product description for complete information about its characteristics.

 

4.     INTELLECTUAL AND INDUSTRIAL PROPERTY

ADARAYA is a registered trademark ® at INPI - Instituto Nacional de Propriedade Industrial (Portuguese Institute for Industrial Property). All copyright and other intellectual property rights inherent to the products and any other content provided on this website are exclusive property of ADARAYA, and therefore no copy, broadcast, transfer, alienation or free use is authorized to you without consent from ADARAYA.

 

5.     RESPONSABILITIES

All Products sold on this Website are in accordance with Portuguese law.

ADARAYA declines any responsibility in case of violation of the legislation of the country where the order is delivered. It is the Customer's responsibility to verify with the local authorities the conditions of importation or use of the Products they wish to order.

ADARAYA is not liable for damages resulting from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or provision of services to Users.

 

6.     CUSTOMERS AND USERS’ OBLIGATIONS

The Customers and the Users undertake to comply with and respect these Terms and Conditions, namely:

 

      i.        To refrain from introducing, storing or disseminating through the Website defamatory, obscene, insulting, xenophobic and / or any other content that violates the general principles of law and public order;

     ii.        Saving, and not disclosing, your site login password to prevent third parties from accessing your account on the Website.

    iii.        Not to use false identities;

    iv.        Providing the correct personal data and addresses so that ADARAYA can properly process the orders.

The Customer is responsible for the accuracy of the data communicated to ADARAYA and undertakes to promptly enter any changes thereto into their Registration Account.

ADARAYA declines any responsibility for any delay or impossibility of processing the order, particularly in the delivery, due to error or insufficiency of the data communicated by the Customer.

 

7.     SHOPPING ON-LINE

 

To make purchases through this Website you must register as a Customer by filling out the form available online. Once registered, simply insert in the virtual shopping basket all the items you wish to purchase. You must follow all the steps of the purchase so that it is completed successfully.

ADARAYA informs that the prices practiced in Website are exclusive of the ADARAYA Online store and may vary from the prices in ADARAYA physical stores. All promotional campaigns have limited and exclusive stock for online marketing.

The validation of the purchase order implies that the Customer has acknowledged and expressly accepts these Terms and Conditions, available for consultation on the Website. The data recorded by ADARAYA is evidence of the set of transactions made between ADARAYA and the Customer. It is the responsibility of ADARAYA to archive the electronic document in which the contract is formalized and keep it accessible.

Once you complete your purchase, you will receive an automatic email confirming the transaction. If the data is not correct you can immediately request your change, or even the cancellation of the purchase made.

In the purchase of Products sold on the Website ADARAYA accepts the following payment methods:

• Visa

• MasterCard

• American Express

 

8.     PRODUCT AVAILABILITY

ADARAYA On-line's product catalogue is independent of physical stores, both in price and in stock quantities. All promotional campaigns have limited and exclusive stock for online marketing.

ADARAYA only processes an order placed by a Customer upon confirmation of payment, so ADARAYA cannot guarantee the availability of items until such processing begins. The shipment is made within 15 working days after confirmation of payment, plus the shipping time depending on the carrier chosen and the destination of the order.

ADARAYA only ships on weekdays. This way, neither weekends nor holidays are estimated for parcel delivery. In any case, the estimated delivery dates are purely indicative.

 

9.     SHIPPING COSTS

To Portugal Mainland: €4.90 flat rate; free shipping for orders €150 or over

To the European Union: €9 flat rate; free shipping for orders €150 or over

To European countries outside EU*: €45 flat rate; free shipping for orders €250 or over

Outside Europe**: €60 flat rate; free shipping for orders €300 or over

*Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Georgia, Iceland, Kosovo, Liechtenstein, Moldova, Monaco, Montenegro, North Macedonia, Norway, Russia, San Marino, Serbia, Switzerland, Turkey, Ukraine, Vatican City.

**Shipping is not available to the following regions: Burma, Central African Republic, Comoros, Cuba, Equatorial Guinea, Falklands, Guinea Bissau, Iran, Johnston Island, Kiribati, North Korea, Mayotte Island, Myanmar, Nauru, Niue, Saint Pierre et Miquelon, São Tomé & Príncipe, Sierra Leone, Solomon Islands, Somalia, St. Helena (S. Atlantic), Sudan, Syria, Tajikistan, Tokelau Islands, Republic of Turkmenistan, Tuvalu, Wake Islands, The Republic of Yemen.

Each country has its own import taxes and duties. The customer is responsible for the payment of country-related taxes and duties.

 

10.  CANCELLATIONS AND RIGHT OF WITHDRAWAL

 

The following terms and conditions are only applicable to purchases made on the Website.

Failure to pay the order within 4 days of the date on which it was finally placed implies the automatic cancellation of the order.

You may cancel your order at any time until it is delivered, with a reimbursement of the amounts paid.

Upon receipt of the order by the Customer, the Customer may exercise his right of withdrawal in accordance with the law, namely, D.L. n.º. 24/2014, of 14 February.

The Customer has the right of withdrawal without giving any reason, and without incurring any costs other than those mentioned below. The withdrawal period shall expire after 14 days from:

      i.        the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods; or

     ii.        in the case of multiple goods ordered by the consumer in one order and delivered separately, the day on which the Customer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good.

Before the expiry of the withdrawal period, the Customer shall inform ADARAYA of his decision to withdraw from the contract, through the contacts indicated above (paragraph 1). For this purpose, the Customer may either:

(a) use the model withdrawal form as set out in the end of these terms and conditions (it is not obligatory); or

(b) make any other unequivocal statement setting out his decision to withdraw from the contract (e.g. a letter sent by post, fax or e-mail).

In those cases, ADARAYA shall communicate to the Customer an acknowledgement of receipt of such a withdrawal on a durable medium, within 24 hours.

The Customer shall have exercised his right of withdrawal within the withdrawal period if the communication concerning the exercise of the right of withdrawal is sent by the Customer before that period has expired.

If the Customer exercises his right of withdrawal ADARAYA shall reimburse all payments received from the Customer, including, if applicable, the costs of delivery (with the exception of the supplementary costs resulting from Customer choices of a type of delivery other than the least expensive type of standard delivery offered by ADARAYA) without undue delay and in any event not later than 14 days from the day on which he is informed of the customer’s decision to withdraw from the contract.

ADARAYA will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

ADARAYA may withhold the reimbursement until it has received the goods back, or until the Customer has supplied evidence of having sent back the goods, whichever is the earliest.

The Customer shall send back the goods, to the address mentioned in the 1st paragraph, or hand them over to ADARAYA or to a person authorised by ADARAYA to receive the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the contract to ADARAYA. The deadline shall be met if the Customer sends back the goods before the period of 14 days has expired.

The Customer shall bear the direct cost of returning the goods.

Returned goods must be in good condition, with the original and complete packaging and accompanied by the corresponding receipt or invoice.

ADARAYA does not accept the return or exchange of used, engraved, or customized goods.

According to applicable law (D.L. n.º 7/2004 de 7 de Janeiro), ADARAYA reserves the right to cancel an order whenever there is a programming error, malfunctioning of ADARAYA computers as well as the order is distorted and the error concerns an essential element of the contract.

 

11.  GUARANTEE OF QUALITY

 

All jewellery designed by ADARAYA is produced individually through handicraft processes. With this, small variations may exist between the jewellery shown in the photos available on the website and the ones you receive after purchase.

Regarding the Acetate collection, it should be taken into consideration that all colours are obtained through manual processes which involve pigment mixing. Sometimes the same colour tone might be difficult to achieve. The media in which you see them can further affect the original colours intended, so these should be understood as mere references.

The goods here sold may be viewed and verified by the competent authorities in: Rua do Senhor, nº592, 2º Esq. Traseiras, 4460-417 Senhora da Hora, Matosinhos, Portugal.

In event of doubt over the authenticity of the brands, the Customer can consult the Contrastaria’s Services, for the purposes of verifying it.

According to applicable law (D.L. no. 67/2003, de 8th of April, with the amendment implemented by Decree-Law no. 84/2008, of 21th of May) all goods created and sold by ADARAYA are covered by a guarantee of conformity for a period of 2 (two) years.

If the purchased good is defective, the Customer must report the situation to ADARAYA, specifying the order number and description of the defect. Costs for returning or collecting the defective good within the warranty period will be borne by ADARAYA.

Upon receipt of the article at ADARAYA premises, a technical check will be made and, in the event of any non-compliance, the article will be replaced. In this case, ADARAYA will replace the good and resend it to the Customer's address at no additional cost.

If the technical check detects signs of misuse, and / or any problem that may have caused the defect (eg fall, etc.), the Customer will be contacted to indicate if the good is to be repaired. In this case, the costs related to the repair shall be bear by the Customer.

In the case of out-of-warranty goods, the Customer may still want the repair of the good, so the Customer shall report and ship the defective good to ADARAYA. The goods will be reviewed by ADARAYA which will issue a technical opinion and its repair budget. Repair will only commence upon express acceptance of the quote by the Customer.

 

12.  DAILY QUOTATION OF GOLD, SILVER, PLATINUM AND PALLADIUM

Daily quotation of gold, silver, platinum and palladium may be consult through the following link:

http://www.lbma.org.uk/precious-metal-prices

 

13.  EXTERNAL LINKS

For your convenience, the website provides external links. However, the content presented on the websites to which the links relate is beyond our control. Therefore, you should read the corresponding Terms and Conditions when using these websites.

 

14.  GOVERNING LAW AND JURISDICTION

All purchases made on the Website are subject to Portuguese law. Any conflict or divergence of interpretation of the Terms and Conditions shall be submitted to the competent Portuguese Court.

 

15.  ALTERNATIVE DISPUTE RESOLUTION ENTITIES

Entity: CICAP – Cento de Informação de Consumo e Arbitragem do Porto

Address: Rua Damião de Góis, 31, Loja 6, 4050-225, Porto

E-mail: cicap@cicap.pt

These Terms and Conditions were updated on 15th November 2021

 

MODEL WITHDRAWAL FORM

(complete and return this form only if you wish to withdraw from the contract)

— To LEGADO DAS JOIAS, LDA., with tax number 515 369 543, whose registered office is located at Rua do Senhor, nº592, 2º Esq. Traseiras, 4460-417 Senhora da Hora, Matosinhos, Portugal..

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*):

— Ordered on (*)/received on (*),

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date