Terms and Conditions | Marcolino 1926

Pre-contractual information

These terms and conditions establish the pre-contractual information related to contracts concluded at a distance on the page www.marcolino.pt (hereinafter the “Site”) referred to in article 4 of Decree-Law No. 24/2014 of 14 February and , as well, establish the general conditions of use of the Site itself.

The domain www.marcolino.pt is owned by Equação do Tempo, Lda., NIPC 507 944 097, headquartered at Rua de Santa Catarina 84, 4000-441 Porto, hereinafter referred to as Marcolino.

Whether browsing the website www.marcolino.pt or purchasing any product or article through the online store available there presupposes full knowledge and unlimited, unconditional and irrevocable acceptance of these terms and conditions.

Marcolino may, at any time, freely modify the terms and conditions in order to adapt them to the applicable legislation, without the need for any prior notice, so it is advisable to consult and read them regularly.

1. About the website

1.1 - The Site is a web-based platform for the promotion, dissemination and sale to the public of watch and jewelery products of brands and models marketed by Marcolino.

1.2 - These terms and conditions apply only to all visitors and users of the website and to all commercial transactions carried out through the website, therefore, they do not apply to sales made in stores used by Marcolino.

2. User's Account

2.1 - The use of certain features of the Site, in particular, the purchase of any product sold on the Site, requires the creation of a user account and, for this purpose, the user will be asked to provide elements that allow their identification. Such elements are restricted to those necessary for Marcolino to be able to recognize, contact and provide a personalized and quality service to the users of the Site and, in the case of purchases on the Site, to the correct and complete identification of the buyer for the purposes of billing and shipping items.

2.2 - The use of the Site is only allowed to citizens of legal age with a domicile in one of the States listed in clause 8.1

3. User Obligations

3.1. The User pledges to comply with and respect these terms and conditions.

3.2. In particular, without excluding any other obligations defined herein that are applicable to you, the user pledges to:

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

3.2.2. keep, and not disclose, your password to enter the Site in order to prevent third parties from accessing your account;

3.2.3. do not use false identities;

3.2.4. provide personal data and the correct addresses so that Marcolino can properly process orders;

3.2.5. keep the registration data of your user account up-to-date, communicating to Marcolino, by updating your registration, any changes to them.

3.3. Marcolino reserves the right to delete any user account that does not strictly comply with the obligations referred to in this chapter.

3.4. Likewise, Marcolino declines any and all responsibility for any delay or impossibility of processing the order, namely in the act of delivery, due to error or insufficiency of the data communicated by the user.

4. Product information

4.1. Marcolino takes into account the information related to the essential characteristics of the products through technical descriptions shared by its suppliers, photographs and videos that illustrate the products sold, in strict respect for the best standards in the market. Such information is purely indicative, which is why Marcolino recommends that the user consult the detailed description of the products in order to obtain complete information about the respective characteristics.

4.2. The user declares to accept that Marcolino is not directly or indirectly responsible for any information, content, statement or expression contained in the description of the products advertised on the Site.

4.3. In the event that the information presented on the Site does not correspond to the actual characteristics of the product, the user has the right to terminate the purchase and sale contract under the applicable legal terms.

4.4. Prices and specifications are subject to change without notice. In the event of a stockout of a certain product, Marcolino does not guarantee its replacement in the same way that it does not guarantee that such replacement, if it happens, will not imply an update of the price. When replacing any product ordered by the user whose stock has broken, with an updated price, Marcolino will only process the respective order after the user expressly and in writing accepts the new price. If the order is processed and there is still a stockout situation, Marcolino will communicate this to the user and make the due refund of the price paid by the user when ordering the product whose stockout occurs, within the maximum period 30 days from the knowledge of the said stock out.

5. Filling out the user form

5.1. In order for the user to purchase any product on the Website, they must first register as a user by completing the online registration form.

5.2. The user is required to provide all the information marked as mandatory in the user registration form and ensure the completeness and accuracy of the data provided.

5.3. The user is also required to keep their user registration details up to date at all times, including their address and billing information, and must update their registered data on the Website whenever any changes occur.

6. Ordering on the Site

6.1. The validation of the purchase order implies that the user has become aware of and expressly accepts these terms and conditions, available for consultation on the website www.marcolino.pt. The data recorded by Marcolino are evidence of the set of transactions carried out between Marcolino and the user of the Site.

6.2. As soon as you finish your order, the user will receive an automatic email confirming the transaction. If the user finds that the data entered by him / her in the registration form is not correct, he / she must immediately request to change them, or, alternatively, request the cancellation of the transaction by contacting the email [email protected]

6.3. Upon receipt of payment, Marcolino will send the user the invoice corresponding to the transaction and the data related to the order's dispatch, data that must be kept by the user for the purpose of tracking the delivery.

6.4. For the purchase of articles on the Site, Marcolino accepts the following payment methods:

For transactions with a global value up to the maximum limit of € 1,000.00 (one thousand euros):
ATM reference; MBWay; Bank transfer; and Credit Card

For transactions with a global value between € 1,000.00 (one thousand euros) and € 3,000.00 (three thousand euros)
ATM reference; and Bank Transfer.

For transactions with a global value greater than € 3,000.00 (one thousand euros)
Bank transfer

The 3x 4x Oney is a personal credit that allows you to finance purchases made on the Marcolino website. It's a simple, easy, safe and free way to pay for your online purchases, between €75 and €2,000, in 3, 4, 6, 10 or 12 installments (no interest or charges). Just want, choose and buy. To access the 3x 4x Oney solution, you must have a citizen card issued by the Portuguese Republic, with the exception of the Citizen Card under the Porto Seguro Treaty, and a debit or credit card from the Visa® or Mastercard®, issued by an institution authorized to operate in Portugal and valid for thirty days or more from the end of the chosen refund period. Payments for installments are exclusively made by debiting the bank card indicated by you. Learn more here about the 3x 4x Oney solution

7. Prices of items

7.1. Marcolino informs that the prices displayed on the Website are exclusive to online purchases. However, the delivery of any product purchased through this platform may be carried out in a physical store owned by Marcolino.

7.2. The prices of the items listed on the Website may vary from the prices charged in physical stores.

7.3. All promotional campaigns have limited stock and are exclusively available for online sales.

7.4. The retail prices displayed on the Website are presented in euros. All prices include the applicable VAT.

7.5. Shipping service costs are the responsibility of the user and are added to the total price of the selected products. The user will be informed of these charges and prices before confirming their order and completing the purchase process.

8. Shipment of orders

8.1 - Marcolino will only ship orders to the following territories: Germany, Andorra, Austria, Belgium, Bulgaria, Croatia, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Netherlands, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Monaco, Norway, Poland, Portugal, Czech Republic, Sweden, and Ukraine.

8.2 - If, after payment confirmation, the ordered product(s) are out of stock, the user will be contacted by Marcolino to be informed about the delivery time or to change their order.

8.3 - Orders placed on the Site will be shipped from Monday to Thursday between 9:00 AM and 5:00 PM by DHL (shipments outside the territory of Portugal) and by CORREOS EXPRESS (shipments within Portuguese territory).

8.4 - Without prejudice to the provisions in 7.5, shipping will be free for orders placed within mainland Portugal, with a value exceeding €49, provided they are not on promotion or sale.

8.5 - The average delivery time is 2 to 3 days for deliveries within Portugal and 2 to 5 days in other cases. The delivery times indicated in this clause are merely indicative and are based on the information provided by the carriers responsible for shipping the orders. Marcolino is not responsible for any delays incurred by the carrier and will not accept any responsibility for non-compliance with the indicative deadlines mentioned herein. Similarly, Marcolino will not assume any responsibility for delays related to customs clearance of orders or payment approval, although it commits to cooperating with the user to minimize such delays.

8.6 - All delivery options available for each item and destination will be displayed during the purchase process.

8.7 - Orders resulting from transactions carried out on the Site will, as a rule, be shipped by 3:00 PM on the business day that payment confirmation is received from the user, except on Fridays. If the mentioned payment confirmation occurs after 12:00 PM on a given day, the order will be shipped on the next business day, provided no circumstances outlined in these terms and conditions prevent it.

9. Order Cancellation

9.1. The User may cancel their order at any time until it is shipped, with the right to a refund of all amounts paid.

9.2. From the moment the order is received by the User, they may exercise their right of withdrawal under the legally established terms indicated below, namely, in Decree-Law No. 24/2014, of February 14.

9.3. Failure to pay for the order within 4 days after it has been definitively placed will result in its automatic cancellation.

9.4. Under the provisions of Decree-Law No. 7/2004 of January 7 (with amendments made by Decree-Law No. 62/2009, of March 10, and Law No. 46/2012, of August 29), regarding electronic commerce, Marcolino reserves the right to unilaterally cancel the order whenever there is a programming error or malfunction in Marcolino's computer system.

9.5. The User has the right to withdraw from the contract without incurring any costs within 14 (fourteen) days from the day following the day: (i) on which the User or a third party indicated by them, who is not the carrier, acquires possession of the item; or (ii) on which the User or a third party indicated by them, who is not the carrier, acquires physical possession of the last item when the User has ordered multiple items in a single order and the items are delivered separately.

9.6. To exercise their right of withdrawal, the User must communicate to Marcolino, through the contacts indicated in 11.5 (except for the telephone contact) of these Terms and Conditions, their decision to withdraw from the contract by means of an unequivocal statement (e.g., a letter sent by mail, fax, or email).

9.7. If they prefer, the User also has the option to fill out and submit electronically the withdrawal form model (which can be downloaded from this link) or any other unequivocal statement of withdrawal through the website.

9.8. To meet the withdrawal deadline, it is sufficient for the communication regarding the exercise of the right of withdrawal to be sent to Marcolino before the withdrawal period expires as indicated in 9.5.

9.9. In case of withdrawal from this contract, all payments made by the User, including delivery costs (except for additional costs resulting from any choice of a delivery method other than the least expensive standard delivery offered by Marcolino), will be refunded without undue delay and, in any event, no later than 14 (fourteen) days from the date Marcolino is informed of the User's decision to withdraw from this contract. The refund will be made using the same payment method that the User used to pay for the order.

9.10. Marcolino hereby informs that it will withhold the refund until the returned items are received.

9.11. The User must return the items without undue delay and no later than 14 (fourteen) days after the day they informed Marcolino of their decision to withdraw from the contract. This deadline is considered met if the User returns the items before the 14-day period expires.

9.12. The User will bear the full cost of returning the items in case of exercising the right of withdrawal. If the return involves items that, by their nature, cannot be returned by regular mail, the User must bear the direct costs of such return, which correspond to the shipping costs listed in the order shipping cost table.

9.13. When returning or exchanging items, the User must comply with the following conditions:

9.13.1. The items must be returned in good condition, accompanied by the respective invoice, with the original complete packaging, including all seals, tags, display protections, or other labels that were affixed to them.

9.13.2. No exchanges or returns of items that have been customized or made to the User’s specifications will be accepted.

9.14. During the period between receiving the product and returning it, the User may inspect its characteristics, nature, and functionality, provided that they do so with care and within the limits of what would be allowed if the inspection took place in a physical store. In this context, the User must not remove any seals, tags, or other labels affixed to the product.

9.15. The User will be held liable for any depreciation of the product if the handling performed for inspection exceeds the handling that is usually permitted in a commercial establishment.

9.16. Marcolino will not accept the return of any item that shows signs or marks of having been used.

9.17. All returned items, regardless of the reason for return, will be inspected upon receipt by Marcolino and will only be accepted for return if they meet the conditions set forth in this clause.

10. Warranty

10.1. Under the provisions of Decree-Law No. 67/2003, of April 8, with amendments introduced by Decree-Law No. 84/2008, of May 21, all items sold on the Website are covered by a conformity warranty for a period of 2 (two) years. Some of these items may also be subject to the international warranty conditions provided by the respective manufacturer.

10.2. If the purchased product presents a defect or malfunction, the user must report this to Marcolino, providing the order number and a description of the malfunction. The costs associated with collecting items within the warranty period will be covered by Marcolino.

10.3. After receiving the returned item as per the previous clause, a technical inspection will be carried out by the brand representative or its official repair service. In the event of a confirmed non-conformity, the item will be repaired or, if repair is not possible, replaced.

10.4. If the technical inspection detects signs of misuse and/or any other circumstance that excludes the warranty and may have caused the malfunction, the user will be contacted to indicate whether they wish to proceed with the repair at their own expense.

11. Privacy policy

11.1 - Marcolino guarantees the confidentiality of all data provided by its Users, both during registration and in the purchasing process.

11.2 - The collection and processing of data are carried out securely, preventing loss or manipulation. All data will be stored on a Secure Server that encrypts/codes them. You can verify that your browser is secure if a padlock symbol appears or if the address begins with "https" instead of "http".

11.3 - The data collected on the Website is intended for order processing and communication with users, handling information requests and possible complaints, statistical analysis, as well as for direct marketing purposes.

11.4 - Marcolino guarantees the confidentiality of all data provided by Website users. However, despite Marcolino collecting and processing data securely to prevent loss or manipulation using the most advanced techniques available, we inform you that data collection over an open network allows personal data to circulate without security conditions, with the risk of being viewed and used by unauthorized third parties.

11.5 - All users have the right to access, rectify, cancel, and oppose their data. If a user wishes to be removed from Marcolino’s database at any time, they can exercise this right through the following means:

Email: [email protected]

Letter: Equação do Tempo, Lda., Rua de Santa Catarina 84, 4000-441 Porto

Phone: +351 222 001 606 - Customer service hours: 10 AM to 7 PM, Monday to Friday.

12. Use of cookies

12.1. Cookies are files stored on your computer with the sole purpose of simplifying your navigation on the Website (these cookies cannot contain viruses or be executed, as they are not active files).

Cookies allow you to:

Improve your browsing experience and benefit from our personalized recommendations;

Stay informed about our promotional offers on various products;

Save products in your shopping cart so you can continue your order at any other time;

These cookies can only be read by Marcolino and the user, who may delete them if desired.

12.2. The user must ensure that their browser accepts cookies in order to use all the features of the Website.

12.3. If you do not wish to receive cookies, you can configure your computer to notify you whenever a cookie is received or disable all cookies through your browser settings. If you disable cookies, you may not be able to access some of the features mentioned above.

12.4. Most browsers allow some control over most cookies through their settings. For more information about cookies, including to see which cookies have been installed and how they can be managed and deleted, visit www.allaboutcookies.org. If you do not want your website visits to be tracked by Google Analytics, visit http://tools.google.com/dlpage/gaoptout.

13. Applicable law and jurisdiction

13.1 - All purchases made on the Website are subject to Portuguese law and the jurisdiction of Portuguese courts, in particular, the courts of the Comarca of Foro, to the exclusion of any others. The User expressly and unconditionally accepts this jurisdiction. Likewise, any conflict or dispute regarding the interpretation of these terms and conditions will be submitted to the competent Portuguese court in accordance with this clause.

WITHDRAWAL FORM

(this form should only be filled out and returned if you wish to withdraw from the contract)

To:

EQUAÇÃO DO TEMPO, LDA.

Rua de Santa Catarina, No. 84

4000-441 Porto

Email: [email protected]

Brand and model:_________________________________________________________________________________________

Reference: ____________________________________________________________________________________________

Ordered on: _______________________________________________________________________________________

Received on: ___________________________________________________________________________________________

Order number: ___________________________________________________________________________________

By:

Consumer's name: ____________________________________________________________________________________

(enter the name as it appears in the order registration)

Consumer's postal address: __________________________________________________________________________

(enter the address as it appears in the order registration)

Consumer's email address: ______________________________________________________________________

(enter the email as it appears in the order registration)

Consumer's signature: ________________________________________________________________________________

(only if this form is submitted in paper format)

14. Rolex Section

While navigating on the Rolex section of our website, you may interact with an embedded website from www.rolex.com. In such case, Terms of Use, Privacy Notice and Cookies Policy of www.rolex.com are sole applicable.

15. Messika

The present website is published and operated by an Authorized MESSIKA Reseller that also operates a shop situated at Rua de Santa Catarina, 84, 4000-441 Porto, Portugal which customers of the present website can visit for after-sales services or any request for information concerning the products offered for sale on the present website

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Pedido de Recolha Submetido