TERMS AND CONDITIONS
Welcome to www.pekanjewellery.com Website. This page, together with the documents referred to on it, gives you the Terms and Conditions (“Terms and Conditions of Sale”) to which Pekan Jewellery & Fashion S.A. (“PEKAN”) sells the Products (“the Products”) listed on our Website store.pekanjewellery.com (our “Website”) to purchasers (“you”).
INFORMATION ABOUT OUR COMPANY
This Website is operated on behalf of Pekan Jewellery & Fashion S.A., a Portuguese registered Company under the number PT 507 692 594. Our registered address is Avenida Comendador Ferreira de Matos, 401, 7º Piso, 4450-124 Matosinhos, Portugal. Telephone number: +351 220 167 625, fax number +351 220 114 380, e-mail address: email@example.com
You may contact us by telephone during working office hours from 9.30am to 6pm (Lisbon time) on +351 220 167 625.
All written notices must be sent to:
Pekan Jewellery & Fashion S.A.
Avenida Comendador Ferreira de Matos, 401, 7º Piso
By Email: firstname.lastname@example.org
All standard emails will be answered within 5 working days. If you have an urgent enquiry, then please add “URGENT” to the description of the email subject and an answer should be expected within 1 working day.
The Terms & Conditions of this Website, together with all our policies and procedures, are governed by and interpreted in accordance to the relevant Portuguese law and the relevant courts of Portugal have exclusive jurisdiction.
The operation of the United Nations Convention on the International Sale of Goods shall not apply and its application is excluded. By using this Website, you are agreeing to all Terms & Conditions, which may be updated from time to time; we recommend that you check its content regularly, to take notice of any changes that may have been made.
Before you use this Website, please read carefully all the information about our Products and related services.
Before placing an order, if you have any queries relating to these Terms and Conditions, please contact PEKAN at email@example.com
By ordering any Product, you acknowledge that you have read and accepted the Terms and Conditions and agree to be legally bound by them. If you do not agree to be bound by these Terms & Conditions, you should not use this Website.
All designs, images, texts, icons and any other elements of this Website are the exclusive property of PEKAN.
All elements have been developed with the purpose of offering for on-line sale the Products identified with the trademarks PEKAN and/or PK. The copy or use of such elements does not imply transfer of any property rights. Publishing, reproduction, changes, transfer or distribution by any means of the elements of this Website (software included) is expressly forbidden.
- Fraudulent or criminal purposes;
- Commercial resale purposes;
- Causing offence or harm to third parties.
The prices of all Products stated in our Website are inclusive of Portuguese Value-Added Tax (VAT). Delivery costs will be charged in addition, unless specifically stated otherwise at the end of the check-out process.
All prices are quoted in Euro, if you pay in a different currency, you may incur an exchange rate cost which is of your responsibility.
Product prices and delivery charges may change at any time without notice, but will always be stated during the purchase process. Such changes will not affect the price of Products for orders which you have already received an Order Acknowledgment.
We try our best to ensure that all the prices are updated and correct, but rare and unexpected errors may occur. In the event we find any error in the price of a Product you have ordered, you will be contacted and given the option of reconfirming or cancelling it. If you cancel it, you will receive a full refund.
DESCRIPTION OF OUR PRODUCTS
The Products available on our Website correspond with its written description and picture. We strive to ensure that the colours and design of our jewellery reflect the picture displayed on this Website. However, due to technical or photographical variations, we cannot guarantee that the actual colours of the product will always be entirely accurate.
We offer a 6 (six) month warranty on our jewellery. If the product was purchased within 6 months and there is a fault, there is no repair charge, but if it was purchased over 6 months ago, then there will be a repair fee. Please note that due to the unique nature of some of our pieces (eg.: special size or shaped stones, available in limited quantities), we cannot guarantee the replacement of every piece, as they are unique.)
All our Products are made under European quality standards, but despite the strict quality control on our jewellery, very occasionally there may be a fault we didn’t detect. Our jewellery is delicate and should be handled with care, crystal stones’ breaking from mishandling is not considered to be a fault.
If you have any queries relating to this specific subject, please contact PEKAN at firstname.lastname@example.org
Article 1 – Definitions: Trader: the natural or legal person or entity who is offering Products and/or services to consumers from a distance; Consumer: the natural person who is not acting within the capacity of a profession or a business and enters into a distance contract with the trader; Distance contract: a contract involving the sole use of one or more techniques for distance communication within a system organised by the trader for the distance sale of Products and/or services, up to and including the moment that the contract is concluded; Technique for distance communication: a means that can be used for concluding a contract, without the consumer and the trader being in the same place at the same time; Withdrawal period: the period within which the consumer can make use of his/her right of withdrawal; Withdrawal right: the possibility for a consumer to cancel the distance contract within the withdrawal period established by law; Day: calendar day.
Article 2 – Information about the trader:
Pekan Jewellery & Fashion, S.A.
Avenida Comendador Ferreira de Matos, 401, 7º Piso
Phone number: +351 220 167 625
VAT Nº: PT / 507 692 594
Article 3 – Applicability: These conditions apply to every offer from the trader and to every distance contract that is concluded between the trader and a consumer. The consumer will be provided with the text of these general conditions prior to the conclusion of a contract. If this is not reasonably possible, then the trader should inform the consumer, before a distance agreement is concluded, that the general conditions are available for inspection and that they will be sent to the consumer – free of charge – as soon as possible, at the consumer’s request. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the contract is concluded, the text of these general conditions may be sent to the consumer electronically, in such a way that he/she can easily store them. If this is not reasonably possible, then prior to concluding the contract, the consumer will be informed where the general conditions can be accessed electronically and that, upon request, they will be sent to him/her – free of charge – either electronically or in some other way. In the event of specific conditions relating to a product or service, in addition to these general conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general conditions, the consumer can always appeal to the applicable stipulation.
Article 4 – The offer: If an offer is subject to a limited period of validity, or is concluded subject to conditions, this will be explicitly mentioned in the offer. The offer contains a complete and accurate description of the Products being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. The illustrations displayed on the Website will be a true representation of the Products being offered. The trader is not bound by obvious mistakes or errors in the offer. Every offer will contain such information that it is clear to the customer, explaining what rights and obligations are involved in accepting the offer. This will include, in particular: the price, including taxes; any costs of delivery; the way in which the contract will be concluded and which actions this will require; whether or not the right of withdrawal applies; the payment method, delivery or implementation of the contract; if the contract is filed subsequent to its conclusion, the way in which it can be accessed by the customer; how the consumer can obtain information about actions he/she does not want to take before concluding the contract, as well as how to rectify these before the contract is concluded; the behavioural codes to which the trader is subject and how the consumer can consult these behavioural codes electronically; and the minimum duration of the distance contract, in the event of a contract that involves the continued or periodical supply of Products or Services.
Article 5 – The Contract: The contract is concluded, subject to what is stipulated in paragraph 4, at the moment the consumer accepts the offer and the applicable conditions that have been fulfilled. If the consumer has accepted the contract electronically, the trader will immediately send him/her the confirmation receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as the receipt of acceptance has not been confirmed. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to pay electronically, the trader will observe appropriate security measures. The trader may obtain information – in accordance with statutory frameworks – about the consumer’s ability to fulfill his/her payment obligations, and also about facts and factors that are important for a responsible conclusion of the distance contract. If that research provides the trader with good grounds for declining to conclude the contract, then he has the right to reject an order or application or to bind its implementation to special conditions, thereby stating his/her grounds.
Article 6 – Right of withdrawal upon delivery of Products: When purchasing Products, a consumer is able to dissolve the contract, without stating reasons, during 7 day working days. This period initiates on the day after the product was received by or on behalf of the consumer. During this period the consumer will treat the product and its packaging with care. He/she will only unpack or use the product to the extent that is necessary in order to determine whether he/she wishes to retain the product. If the consumer wishes to exercise his/her right of withdrawal, he/she will return the product to the trader, with all associated components, in the original state and packaging, in accordance with the reasonable and clear instructions provided by the trader. The consumer is responsible for the return shipment of Products, therefore we recommend our customers to send the returned item using registered shipping.
Article 7 – Costs in case of withdrawal: If a consumer makes use of his/her right of withdrawal, he/she will be charged with the costs of returning the goods. If the consumer has paid a sum, the trader will refund this sum as quickly as possible, within 7 working days at the latest.
Article 8 – The price: During the period of validity indicated in the offer, the prices of the Products being offered will not be increased, except as result of alterations in VAT-tariffs.
Article 9 – Conformity and Guarantee: The trader guarantees that the Products fulfill the contract, the specifications stipulated in the offer, reasonable requirements regarding reliability, and statutory stipulations and/or government regulations that applied on the date on which the contract was concluded. A guarantee arrangement offered by the trader does not affect the rights and claims a consumer can enforce on the grounds of the law and/or the distance contract, in relation to any failure on the part of the trader to keep to his obligations vis- à-vis the consumer.
Article 10 – Supply and implementation: The trader will take the greatest possible care when receiving and implementing orders for Products and when assessing applications for the provision of services. The place of delivery is deemed to be the address that the consumer makes known to the company. Taking into consideration Article 4 of these Terms and Conditions, the company will implement accepted orders within 30 days at the latest, unless a longer period of delivery has been agreed. If delivery is delayed, or if an order cannot be fulfilled, or only partially, the consumer will be informed about this, at the latest within one month after the order was placed. In that case, the consumer has a right to dissolve the contract, free of charge, and a right to possible damages. In a case of dissolution as described in the previous paragraph, the trader will refund the consumer with the sum paid as quickly as possible, at the latest within 30 days after the dissolution. Once it proves impossible to deliver a product that has been ordered, the trader will attempt to provide a replacement article. The trader will indicate, clearly and intelligibly, that a replacement article is being supplied, at the latest upon delivery. The right of withdrawal cannot be precluded in the event of replacement articles. The trader will be charged with the costs of return shipments. The risk of damage and/or loss of Products rest upon the trader up to the moment of delivery to the consumer, unless this has explicitly been agreed otherwise.
Article 11 – Payment: The trader accepts payments made via Paypal – using a Paypal account or Visa, Mastercard, American Express or Maestro credit cards –, as clearly detailed on the check-out page of our Website. The trader’s prices are displayed in Euro. Please note if you choose to pay in a different currency, then your credit/debit card provider may charge you exchange rate costs. In the event that no later date has been agreed, the payment of Products need to be paid for before the consumer receives the Products or services, unless otherwise agreed. The consumer needs to pay for the goods within one hour after the order has been placed. Where advance payment is stipulated, the consumer cannot invoke any rights relating to the implementation of the order before the stipulated advance payment has been made. The consumer is obliged to inform the trader immediately of any inaccuracies in payment data provided or communicated. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.
Article 12 – Complaints procedure: The trader provides a complaints procedure which has been given sufficient publicity, and will deal with a complaint in accordance with the complaints procedure. A consumer who has discovered a defect should submit to the trader, without delay, a comprehensive and clearly specified complaint about fulfillment of the contract. A reply regarding complaints submitted to a trader will be provided within a maximum period of 14 days, calculating from the date of receipt. If a complaint is expected to require a longer period of time for processing, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more comprehensive reply.