Terms and Conditions

Online Shopping Terms and Conditions

  • OBJECT

    This document (hereinafter simply referred to as "Terms and Conditions") regulates the general terms and conditions of use of the website you have just accessed, owned by FERREIRA & MERCIER LDA, as well as the terms and conditions of purchase and sale of products marketed through the respective online store, hereinafter simply referred to as website and online store.
  • INTRODUCTORY PROVISIONS

    1. Identification of the website owner and product supplier:

    1.1. The owner of the website and supplier of the products sold in the online store is FERREIRA & MERCIER LDA, headquartered at AlgarveShopping Shopping Center, Lanka Parque Com e Industrial do Algarve, lot R, fraction 3, store no. 0.105, 8201 - 878 Guia, Portugal, with VAT number 502669039, and holder of the Business Activity Title [...], hereinafter referred to as "CARILOR".


    1.2. User Information:


    Email: online@carilor.com;


    Mobile: +351 925593945 (Call to the national mobile network);


    Phone: +351 282428524 (Call to the national landline network).

  • USE OF THE WEBSITE

    2.1. The use of the website, whether through simple browsing or by establishing a commercial relationship with CARILOR through the respective online store, grants you the status of User and implies full and unreserved acceptance of all the provisions included in these Terms and Conditions as well as the Privacy Policy, in effect at any time you access the website.

    2.2. These Terms and Conditions apply to all Users of the website, including, without limitation, visitors, customers, and others not specifically identified.

    2.3. The contractual proposal regarding the purchase and sale of products marketed by CARILOR in the online store is directed only to individuals of legal age with full capacity who can, therefore, be responsible for the commitments resulting from the purchase and sale of products marketed by CARILOR.

    2.4. If the User does not agree with these Terms and Conditions in their entirety, they should not access the website or the functionalities and services associated with it, namely the online store. In particular, any purchase made through the online store depends on the acceptance of these Terms and Conditions, so if the User does not accept them, they cannot make purchases through the online store.

    2.5. By accepting these Terms and Conditions, the User accepts them on their own behalf and/or on behalf of the organization they represent (if applicable). By placing orders through our online store, the User declares to be over 18 years old, ensuring they have full legal capacity for the acts they perform and the necessary powers to make this acceptance. Furthermore, by accepting these Terms and Conditions, the User expressly declares that they will not use the website and the associated functionalities and services for any illegal and/or unlawful purposes.

    2.6. CARILOR reserves the right to change these Terms and Conditions at any time without prior notice, so the User should consult the Terms and Conditions before each use of the website and the associated functionalities and services, especially before each use of the online store.

    2.7. Notwithstanding the provisions of the previous paragraph, any changes to the Terms and Conditions after confirming any order do not bind the User concerning that order. The Terms and Conditions in force at the date of confirmation of each order will apply.

    2.8. CARILOR ensures the security of the account within the expected and appropriate security measures for platforms such as the website and its online store.

    2.9. CARILOR is not responsible for damages arising from interferences, interruptions, computer viruses, malfunctions, or disconnections of the operating system that may temporarily prevent access, navigation, or the provision of services to Users.

    2.10. In no event shall CARILOR and/or its representatives and employees be liable for any damages that may arise, even accidentally, from the malfunction of the website, for any reason and regardless of the duration of such malfunction, or for any damages caused by reproduction, use, or exploitation.

    2.11. The User's violation of these Terms and Conditions constitutes grounds for their termination by CARILOR. In any case, the User's violation of these Terms and Conditions, whether termination occurs or not, always gives CARILOR the right to be compensated for all damages resulting therefrom. Additionally, CARILOR reserves the right, at its discretion, to terminate the User's use of the website and its functionalities and services, with or without notice to the User.

  • CUSTOMER REGISTRATION ON THE WEBSITE

    3.1. Mere access to the website does not require registration. However, to enjoy all the features and services of the website, the User must register as a customer.

    3.2. Registration on the website is done by creating a User account, filling out the form with the required information.

    3.3. However, if the User only wants to make a purchase in the online store without registering as a customer, they can register as a guest—providing only their email address.

    3.4. The User is responsible for the truthfulness, completeness, and legality of the information provided, both at the time of registration and for making purchases in the online store, as well as for its update. In these terms, the User will be solely and exclusively responsible for any false or inaccurate statements they make and, consequently, for compensating CARILOR for all damages it suffers as a result of non-compliance with this provision.

    3.5. All content entered into the User's account, as well as all activity that takes place within it, is the responsibility of the User. CARILOR has no obligation to monitor the content or the User's (non)compliance with any responsibilities, including obligations towards other Users or national authorities.

    3.6. CARILOR does not have access to or knowledge of the password defined by the User for accessing the website. It is the User's responsibility to ensure the confidentiality of the password and to guarantee its safe keeping and proper use, as well as to follow good practices regarding the security of their account (especially by changing the password regularly and avoiding connections through public networks). As such, CARILOR cannot be held responsible for damages resulting from the loss or misuse of the password defined by the User.

  • PRODUCTS

    4. Product Features

    4.1. The website offers a wide range of products for purchase through the online store.

    4.2. All these products are illustrated with photographs and their essential characteristics are indicated, available for purchase by both Consumers and Professionals.

    4.3. CARILOR has made every effort to ensure that the information presented on the website and in the respective online store is free from typographical errors and, whenever such errors occur, CARILOR will correct them as soon as possible. Similarly, CARILOR will make its best efforts to keep the information regarding the products contained on the website and in the respective online store up to date.

    4.4. At any time, CARILOR may change, delete, or move any information on the website and in the respective online store without prior notice, particularly regarding products, prices, promotions, offers, commercial conditions, and services.

    4.5. The User expressly agrees to and accepts the following:

    a) The photographs displayed on the website are merely illustrative, and the User should carefully and thoroughly read the information about the essential characteristics of the products described on the website. In case of doubt, contact CARILOR to obtain any additional information;

    b) All products for sale on the website are subject to available stock, notwithstanding CARILOR’s effort to present updated information regarding product availability;

    c) CARILOR will not assume responsibility for any discontinued items;

    d) The prices and products available on the website are valid only for commercial transactions made through the online store.

    4.6. CARILOR is not responsible for any consequences resulting from not consulting product information and usage instructions or any other provided warnings.

    4.7. In case of doubt about the authenticity of brands, the User may verify them through the services of the Assay Offices.

    4.8. Under point a) of paragraph 1 of Article 63 of the RJOC law (Law No. 98/2015 of August 18), we inform you that the daily quotations of gold, silver, platinum, and palladium can be consulted here or through the website of the Bank of Portugal.

    4.9. The hallmark guarantees the type and purity of the precious metal of the articles with precious metals, duly hallmarked. In compliance with point b) of paragraph 1 of Article 63 of the RJOC, the official hallmark chart issued by INCM is available here. The list of registered appraisers of precious metal and gemological material articles, managed and organized by INCM, is available here. The Customer may choose to request an appraisal before purchasing or selling the Product.

  • PRODUCT WARRANTY

    8.Product Compliance Warranty

    8.1. CARILOR is liable for any lack of conformity of the products existing at the time they are delivered to the User.

    8.2. The products are not in conformity with the purchase and sale contract when any of the following occur:

    a) When the products do not conform to the description provided by CARILOR on its website or do not have the qualities that CARILOR has presented to the User as a sample or model;

    b) When the products are not suitable for the specific use intended by the User, and the User has informed CARILOR of this use at the time of the contract, and CARILOR has accepted it;

    c) When the products are not suitable for the usual purposes of goods of the same type;

    d) When the products do not present the usual qualities and performance of goods of the same type that the User can reasonably expect, considering the nature of the goods and, where appropriate, public statements made by CARILOR or the brand, particularly in advertising or labeling.

    8.3. Under Consumer Law, the general warranty period for products is 3 (three) years for new products, starting from the date of delivery to the User.

    8.4. In sales to professionals, CARILOR is also responsible for any defects in the products existing at the time of delivery to the User, with a warranty period of 6 (six) months from the date of delivery to the User.

    8.5. Notwithstanding the provisions of the previous paragraphs, for perishable products, their conformity is only expected during their respective validity period.

    8.6. The provisions of the previous paragraphs do not apply to products sold that are sealed and not suitable for return for health or hygiene protection reasons when opened after delivery. In these situations, the right to freely terminate the contract does not apply, and CARILOR reserves the right to refuse the return of products opened after delivery.

    1. Warranty Exclusions

    9.1. There is no lack of conformity or defects in the products, within the meaning of the applicable law, if, at the time of contract formation, the User was aware of this lack of conformity or defects or could not reasonably be unaware of them.

    9.2. Likewise, there is no lack of conformity or defects in the products, for which CARILOR is responsible, when they result from the following situations:

    a) From improper use and/or storage of the products, not done carefully, diligently, and/or according to the respective instructions;

    b) From using the products for a purpose different from that for which they are intended;

    c) From the production of the products according to customer requests and specified characteristics (customization);

    d) From normal wear and tear of the products;

    e) From modification or alteration of the products.

    9.3. Instructions for protecting your products:

    a) Gold and Silver: Gold and silver are soft metals that can wear down. Silver, in particular, may tarnish/oxidize over time, but this process will progress much more quickly if silver comes into contact with agents such as perfume, chlorine, salt water, creams, sunscreens, and makeup. This oxidation process depends on your routine care and is not a manufacturing defect.

    b) Silver and Gold Chains: The chain of your bracelets and/or necklaces will naturally stretch over time by 1-2 centimeters, which is not considered a manufacturing defect.

    c) Opening Clasps: Never open clasps, such as bracelet clasps, with tools that can force and/or damage the clasp.

    d) Losses: The loss of any item or part of it is not covered by the warranty.

    e) Breakages: Pieces with glass, pendants with or without stones are materials subject to breakage and are not covered by the warranty.

    f) Oxidation: Oxidation will wear off over time. This time depends on how your item is treated. The disappearance of oxidation can be caused by various factors: skin perspiration, chlorine, perfumes, creams, sunscreens, medications excreted through the skin, cleaning agents, and silver polishing. The disappearance of oxidation is considered normal wear and tear and is not a manufacturing defect.

    g) Leather and Fabric: Leather and fabric are natural materials that need protection and care. Never use your leather or fabric item in water. Natural color variations are normal and are merely characteristics of leather or fabric.

    h) Stones, Pearls, Enamel, and Wood: Avoid exposing pieces with stones, pearls, enamel, and wooden beads to water, high temperatures, or cleaning products. The wear of wood results from natural wear of the piece, which is not considered a manufacturing defect. Pearls and enamel can only be cleaned with a soft brush or cloth.

    9.4. Notwithstanding the instructions provided in the previous paragraph for the protection of products, the User acknowledges and agrees that other relevant instructions may be communicated by the manufacturer, be of general knowledge, or be specific to certain products and should be diligently followed to ensure the safety and integrity of the products.

    1. Procedure

    10.1. If the purchased Product is not in conformity or has any defect, the User should communicate the situation to CARILOR, presenting the respective invoice and the description of the non-conformity, and the respective products should be delivered to CARILOR for evaluation.

    10.2. Upon receipt of the products at CARILOR's facilities, the reported non-conformity will be verified. In case of non-conformity under CARILOR's responsibility, considering the type of products sold in our online store, the User has the right, in this order, to one of the following options:

    a) Replacement of the product with another of identical characteristics or replacement with another product of the same value;

    b) Contract termination.

    10.3. The costs of returning or collecting products within the warranty will be borne by CARILOR whenever it is concluded that the non-conformity in question is covered by the warranty period.

  • TERMINATION OF THE CONTRACT

    11. Right of Free Termination of the Contract


    11.1. The provisions of this clause apply exclusively to sales made to the end consumer, as defined in Law No. 24/96, of July 31, with subsequent amendments.


    11.2. The User has the right to freely terminate this contract within 14 calendar days, without the need to provide any reason. The period for exercising the right of termination expires 14 days from the date:


    1. On which the User or a third party indicated by the User (other than the carrier) acquires physical possession of the product; or


    b) On which the User or a third party, other than the carrier, indicated by the User, acquires physical possession of the last product, in the case of multiple goods ordered by the User in a single order and delivered separately.


    11.3. The right of free termination can be exercised by the User for all products purchased or only for some of the products included in an order.


    11.4. For this purpose, the User must fill out the "Free Termination" form suggested below, or send a written and unequivocal communication of their decision to terminate, which can be done by registered letter to CARILOR's address at Avenida General Humberto Delgado, nº 39 A, 2825-279 Costa da Caparica, Portugal, or by email to CARILOR's email address, online@carilor.com. If the User uses the latter method, CARILOR will send the User an acknowledgment of receipt of the termination request by email within 24 hours.


    Form MODEL FORM FOR FREE TERMINATION

    (ONLY FILL OUT AND RETURN THIS FORM IF YOU WISH TO TERMINATE THE CONTRACT)


    Company Name | Tax Number | General Telephone | Fax:


    Address: | Email


    Customer Name:


    Customer Address:


    Customer Phone Number:


    Customer Email:


    I hereby notify that I terminate our purchase and sale contract regarding:


    Product:


    Reference:


    Order No.:


    Ordered on //_____.


    Received on //_____.


    Consumer's signature (only if this form is notified on paper):

    ________________________________________________________________________________________.


    Place: ___________________. Date //_____.


    11.5. To meet the termination deadline, it is sufficient for the communication regarding the exercise of the right of free termination to be sent before the expiration of the termination period provided in paragraph 2 of this Clause.


    12. Obligations of the parties resulting from the free termination of the contract


    12.1. When the products have already been delivered to the User, the User must, within 14 days from the date on which they communicated their decision to terminate the contract to CARILOR, return the products to CARILOR, bearing the costs arising from the return and exchanges of products, namely shipping costs, payment method fees (credit card, bank transfer, PayPal, MB Way, cash on delivery).


    12.2. In case of termination of this contract before the order is received by the User, payments made by the User will be refunded, except for the costs arising from the return and exchanges of products, namely shipping costs, payment method fees (PayPal, bank transfer, credit or debit card).


    12.3. CARILOR reserves the right to withhold the refund of amounts paid by the User until the products are returned.


    12.4. The refund will be made using the same payment method used in the initial transaction, unless expressly agreed otherwise by the User.


    12.5. The User must preserve the products in a way that allows them to be returned in proper conditions, in their complete original packaging, and always accompanied by the respective receipt or original invoice.


    12.6. The contractual right to return products applies exclusively to products that can be returned in the same condition as the User received them. Any product that has been damaged or shows signs of use beyond the simple opening of the outer packaging, namely for having had its tags removed/cut or any security seals violated, CARILOR may reject the refund.


    12.7. If the above conditions are not met, the return will be rejected, and an email will be sent to the User indicating the respective reasons. The User will then have the option to request the reshipment of the products not accepted for return, with the reshipment costs being borne by the User.


  • FINAL PROVISIOS

    13. Intellectual Property


    13.1. CARILOR owns all intellectual property rights over the website.


    13.2. The content made available by CARILOR through the website, including text, images, trademarks, logos, source codes, is protected by intellectual property laws, including copyright and industrial property rights. This content is owned or licensed by CARILOR and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without prior written authorization from CARILOR or the applicable intellectual property right holder, which the User acknowledges and accepts.


    13.3. The User agrees not to engage in any abusive use of such content, including copying, disclosing, or using it in any way, and not to use software tools for collecting protected content, such as robots, crawlers, or other automatic mechanisms.


    13.4. The User shall not copy, translate, disassemble, decompile, or create or attempt to create, through reverse engineering or otherwise, the source code and object code of the website, as well as third-party tools and applications and the associated software. The User shall not remove any confidentiality or intellectual property notices.


    13.5. The User agrees to fully indemnify CARILOR for any damages, costs, or expenses it incurs as a result of claims of any kind brought against it by third parties based on the unauthorized use by the User of content made available through the website and associated services, including any indemnities paid to third parties by agreement with them.


    14. Personal Data Protection

    CARILOR, as the data controller, respects your privacy. Any personal data collected on the website will be kept confidential and will not be sold, disclosed, or reused by third parties without your authorization. Any personal data provided to us will be processed in accordance with relevant legislation, best practices, and ensuring all technical and organizational security measures for their protection. For more information on how we process your personal data, you should consult our Privacy Policy.


    15. Liability

    To the maximum extent permitted by law, CARILOR shall only be liable for damages caused by gross negligence or willful misconduct. CARILOR assumes no liability for the continuous availability of its website, especially mobile networks, the Internet, and mobile devices.


    16. User Support and Complaints

    The User may submit comments, suggestions, or complaints to CARILOR by telephone, at +351 969781586 (Call to national mobile network) or +351 282482524 (Call to national landline), available from Monday to Sunday from 10:00 to 19:00, or by email at online@carilor.com.


    17. Alternative Dispute Resolution


    17.1. The provisions of this clause apply exclusively to sales made to end consumers, as defined in Law No. 24/96, of July 31, as amended.


    17.2. CARILOR informs that, under the terms of the Consumer Defense 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, they are submitted to the consideration of an arbitration tribunal attached to the legally authorized consumer conflict resolution centers. Therefore, in case of dispute, the end consumer may resort to any of these means, and must be represented by a lawyer or solicitor (or request legal aid, under the legally provided terms).


    17.3. Furthermore, under EU Regulation 524/2013 of the European Parliament and of the Council, the User can access the Online Dispute Resolution Platform (ODR) at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, which provides information on the possibility of resorting to it to resolve disputes.


    17.4. Information on available Alternative Dispute Resolution entities is also available on the Consumer Portal (www.consumidor.pt) to promote the extrajudicial resolution of national and cross-border disputes under Law No. 144/2015, of September 8, with subsequent amendments, when initiated by a consumer against a goods supplier or service provider and concern contractual obligations resulting from purchase and sale contracts or provision of services entered into between suppliers or service providers established and consumers residing in Portugal and the European Union.


    THE USER DECLARES TO HAVE READ AND UNDERSTOOD THESE GENERAL CONDITIONS, AS WELL AS THE ASSOCIATED POLICIES, AND TO HAVE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM. YOU ALSO ACKNOWLEDGE THIS TO BE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CARILOR, WHICH SUPERSEDES ANY PREVIOUS PROPOSAL OR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND CARILOR, REGARDING THE SUBJECT MATTER OF THIS CONTRACT.


    Terms and Conditions updated on 05/27/2024