Pursuant to the provisions of DL 24/2014, of 14 February, these General Terms and Conditions are intended to regulate and are fully applicable to the conclusion and formalization of any contract for the purchase and sale / order of products and articles from Ourivesaria Rubi, which is made by any consumer (hereinafter referred to as the “Customer”) through the website www.ourivesaria-rubi.pt (hereinafter referred to as the “Site”) in Portuguese territory.
The presentation, sale and supply of products and articles through the identified website is, under any circumstances, carried out by the company called A. Frazão Sucrs Lda. (hereinafter referred to as A. Frazão), headquartered at Rua António José d’Almeida, 29, 9500-053 Ponta Delgada, with NIPC: 512003645 and holder of the business title n.º T7266 de Retalhista de Ourivesaria – Meios de Comunicação à Distância. A. Frazão Sucs lda is the owner of Rubi jewelry store in Portugal, Azores.
Any Customer may contact us to request clarifications, ask questions or make suggestions or complaints through the following means:
By phone 296 282433 (Monday to Friday from 9:30 am to 6:00 pm)
Send an email to the following address: vendas-online@ourivesaria-rubi.com
The Customer acknowledges that the completion of a particular order through the website determines the full and unconditional acceptance of these General Terms and Conditions, which must be read and expressly confirmed by the Customer upon completion of any order. The contents of these General Terms and Conditions are, at all times, available for printing and storage by Customers.
A.Frazão reserves the right to make, at any time and without prior notice, any changes to these General Terms and Conditions, which changes, however, will only apply to purchase and sale contracts / orders that are formalized after the publication of the indicated changes on the website.
Contracts will only be made with larger Clients, with full legal capacity
Conditions of Commercialized Products
All products marketed and presented on the site are described in accordance with their information and photographic representations.
A. Frazão Sucrs Lda will make every effort to ensure that the products presented and marketed on the site are available for purchase by the Customer and that products and references with existing stock are accessible for viewing. Notwithstanding the foregoing, in the event of out-of-stocks for any product or items presented and consequent impossibility of immediate purchase by the Customer of the desired product, such information will be communicated to him after the order has been completed.
The indicated price of the products constitutes the unit value for which A. Frazão Sucs lda sells its articles and products through the website, which includes all applicable taxes. The price corresponding to postal deliveries, which will be added to the price of the product or items purchased, must be borne by the Customer and is presented immediately prior to the act of completing the order.
Purchase process
To purchase a product through the website, the Customer must register in advance by providing and inserting the requested data and, after confirming the registration, access the website by entering the respective data.
After entering the indicated data, the Customer may choose all the items or products he wishes to purchase, and for this purpose, click on the “Add to Cart” field and indicate the number of units desired.
After adding to the “Cart” all the products that he wants to purchase, the Customer must access the field “My Purchases” where all the items and products selected and added will be displayed.
The Customer may, if he so wishes, delete one or more products added to the “Cart” by clicking on the corresponding command.
To complete the order in progress, the Customer must enter the data requested in each of the steps presented, referring to the order, invoicing, shipping and payment.
The insertion of incorrect or incomplete data information prevents the processing and respective completion of the order, and A. Frazão Sucrs Lda. does not assume any damages resulting from such acts.
After the correct insertion of the requested data, the Customer must carefully check the “Summary” of the respective order, which will consist of:
For all the items to be purchased and added to the “Cart”;
For the amount payable by the Customer for the selected articles;
For the value of the postal delivery of the items to be purchased;
For the overall value of the order that will result from the sum of the items purchased and the value applicable to the postal delivery of said products.
If the “Summary” presented corresponds to the intended articles and if the Customer agrees with the overall value presented, he/she must, if he/she so wishes, expressly accept these General Terms and Conditions and Privacy Policy.
After the aforementioned verification and acceptance, the Customer must complete and validate the respective order, by clicking, for this purpose, on the “Finalize Order” field, acknowledging the Customer that such validation constitutes the formalization of the contract for the purchase and sale of the items in question.
All orders placed can be viewed and consulted in the “Customer Area”, in the “My Orders” field.
payment method
The Customer may pay for their orders using an ATM card, Credit Card or via PayPal, with the respective global amount being debited from the associated account.
Payment of the order takes place in real time, through the Virtual POS system and as soon as it is verified that the personal data provided are correct.
A. Frazão Sucrs Lda guarantees total security and confidentiality of the data corresponding to the payment method used, and the details of the card used for payment are transmitted via SSL in encrypted form.
In order to detect and avoid any fraud in transactions and payments operated through the website, A. Frazão Sucrs Lda adopts sophisticated preventive mechanisms, which translate into, among others, the analysis of the characteristics of orders and the respective comparison with transactions previously registered frauds.
In certain situations and in order to ensure that the transaction in progress does not constitute a fraudulent transaction, A. Frazão Sucrs Lda may request additional information or the provision of complementary data if necessary to verify the transaction.
If the Customer refuses to provide or make available such additional information, this will prevent verification by A. Frazão Sucrs Lda of the authenticity of the transaction, thus reserving A. Frazão Sucrs Lda the right not to proceed and/or accept the order.
The Customer acknowledges that, despite the advanced mechanisms and technological systems adopted by A. Frazão Sucrs Lda in order to avoid and detect fraudulent operations in good time, it does not guarantee the complete reliability of the system, so that transactions may occur that, despite the respective legitimacy, are classified by A. Frazão Sucrs Lda as fraudulent.
In the case provided for in the previous paragraph, the Customer who has been unable to proceed with a certain legitimate operation, should contact A. Frazão Sucrs Lda through the number indicated in these Terms and Conditions, committing A. Frazão Sucrs Lda to accept and complete the requested order as quickly as possible.
The Customer acknowledges, for all purposes, that the entities that provide the services associated with the orders, as well as those that provide the different types of payment may adopt other anti-fraud measures that are not controlled by A. Frazão Sucrs Lda, which may determine the rejection of certain operations. A. Frazão Sucrs Lda, does not control and is not responsible for any damages that may result from the application of security and anti-fraud policies that are used by these suppliers or entities.
The Customer acknowledges and accepts that, in the event that payment for the products is made via PayPal, the total amount of the order will be immediately debited from the associated PayPal account.
If the payment of the total value of the order is made by credit card, the completion of the order will only occur when the respective credit is verified.
If the bank rejects the transaction, the order will be automatically cancelled.
If the amount charged results from a fraudulent operation or from the misuse by third parties of the customer’s card number, the customer may request the immediate cancellation of the charge by sending an email, in which case A. Frazão Sucrs lda will reimbursement of the respective amount.
If it turns out that the allegedly fraudulent operation was effectively triggered by the Customer and the Customer demands its cancellation, it shall compensate A. Frazão Sucrs Lda for any damages resulting from the respective cancellation.
In the invoice to be issued, the information provided by the Customer will be considered and the prices of the products purchased, the value of shipping and the applicable VAT will be detailed, and in any case it is not possible to change the data contained therein.
Payment must be made within a maximum period of 24 hours after ordering, otherwise the order will be cancelled.
ORDER/ORDER CONFIRMATION
In accordance with the provisions of point 3 above, the completion and validation of the order takes place when the Customer clicks on the “Confirm Purchase” field, acknowledging this, for all purposes that, without prejudice to the confirmation email that will be sent by A. Frazão Sucrs lda within 24 hours, such validation constitutes the formalization of the contract for the purchase and sale of the articles in question.
The confirmation e-mail will indicate the order number that the Customer must use in any communication that he/she intends to maintain with A. Frazão Sucrs Lda., the Customer also committing to verify that the data / products contained in the order are correct and to indicate any changes or inaccuracies in good time. Any charges resulting from errors not reported in a timely manner will be borne exclusively by the Customer.
The Customer may view all orders placed in the respective “Personal Area” or contact the Customer Support Service of A. Frazão Sucrs lda for the same purpose.
In the event that one or more of the products ordered by the Customer are found to be unavailable, A. Frazão Sucrs lda notifies the Customer of the respective unavailability, provided that:
If the order submitted contains only one reference, and it is not in stock, A. Frazão Sucrs lda cancels the order and returns the amount;
If the order contains two or more items and one of them is not available, A. Frazão Sucrs Lda confirms and proceeds to send the available items and refund the amount paid for the unavailable item.
SHIPMENT AND DELIVERY
The order is sent through the CTT company.
All shipments and shipments of orders are made to Mainland Portugal, Madeira Archipelago, Azores Archipelago and abroad (through CTT), not being accepted as delivery address Postal boxes.
As a rule, the transport and delivery of the order will be carried out via CTT, and the respective proof of receipt must be signed by the Customer or by a person who is duly authorized to receive the item or product ordered, assuming, for all purposes, that any person who is at the place of delivery indicated by the Customer is empowered to receive the order.
Upon delivery of the order and prior to signing the respective receipt, the Customer must verify that it contains all the products and articles purchased, thus recognizing the Customer that said signature constitutes, for all legal purposes, confirmation of the good reception of the entirety of the items purchased and in accordance with the order placed.
Shipping costs are the responsibility of the Customer and vary between mainland, islands and abroad and depending on the type of delivery selected (values made available during the ordering process). In the case of orders worth €150 or more, the shipping costs will be borne by A. Frazão Sucrs Lda.
The order will be delivered between 7 to 8 working days in Mainland Portugal and Madeira, 10 to 15 working days abroad and 5 to 6 working days in the Azores Archipelago and, provided that payment has been made by 2 pm on the day the order has been submitted.
During promotional campaigns, the delivery time of orders may be longer than 6 working days.
During the situation of restrictions imposed by COVID-19 or similar case, the delivery period may exceed 8 working days.
PROMOTIONS / OFFERS
A. Frazão Sucrs Lda promotes, under certain circumstances, different types of promotions or discount sales through the website.
Said promotions and discounts will be subject to the conditions expressly indicated for each individual promotion, as well as these general terms and conditions of sale, the Customer recognizing that in case of conflict the rules applicable to the specific conditions of the promotion will prevail.
If the advertised promotion aims to offer any good or product and the Customer exercises his right to withdraw or return the purchased item, such act also implies the return of the offer item.
The offers received may not be sold or assigned to third parties by the Customer with the aim of obtaining, directly or indirectly, an economic profit.
The Customer may waive the free offer, but may not request or obtain any compensation for the waiver thereof.
During promotional campaigns, sales seasons and Black Friday actions at Rubi ONLINE, orders are considered within a campaign after payment and provided that it is made within a maximum period of 24 hours after the order is formalized within the dates defined for the campaign period, i.e. before the end date of the promotion. The deadlines for delivery of orders during the Promotional Campaigns may be subject to delays.
Ruby’s offers awarded by value in purchases are not valid when purchasing products already at a reduced price.
The offer is valid per act of purchase and limited to three offers per customer. A maximum of 1 gift order will be sent per Customer Account during the campaign period.
returns
Customers who purchase any RUBY product through the website may exercise their right of free resolution under the terms of article 11 of D.L. 24/2014, of 14 February.
The right of withdrawal provided for in the previous number must be exercised within a maximum period of 14 days from the date of receipt of the order by the customer, upon communication of their intention to the email vendas-online@ourivesaria-rubi.com.
In case of cancellation, the Customer must keep the items and products purchased in order to return them to A. Frazão Sucrs Lda, within 30 days from the date of receipt.
Returns made by the Customer under the right of withdrawal must be sent by post (CTT) to the address Rua António José d´Almeida, nº 29; 9500 – 053 Ponta Delgada – Azores
The article must always be accompanied by the invoice, only returns of articles in the same condition in which they were sent and without any sign of use will be accepted.
Having exercised the right of withdrawal under the terms of numbers 1, 2 and 3 above, A. Frazão Sucrs Lda will refund the price paid to the customer without any expenses or charges for the latter, the refund being made through the same form of payment. If there are previous transport costs, these will not be included.
In cases where it is not possible to repair the product, the Customer will have to present the non-conforming good, together with the original of the respective guarantee certificate, duly and completely filled in (indication of the date of purchase, name and address of the dealer and the reference attributed to the good – when applicable – or product name) and the purchase invoice or other suitable proof of purchase. (See FAQS)
Materials subject to breakage (eg watch glasses, crystals, pendants or sapphire glasses), loss, theft, deterioration, oxidation, defects caused by blows, including deformations caused by daily and/or inappropriate use are excluded from the warranty. (eg rings, slaves and creased meshes), improper maintenance and cleaning, negligence, improper handling, modifications to the original product, repairs not authorized by the brands, accidents or normal wear and tear and even the damage caused by the use of other products not associated with A. Frazão Sucrs Lda or together with them.
pricing policy
The prices shown for each item/product include VAT at the legal rate.
The price of each article/product will be the one that, at any given time, is displayed on the Site, except in the event of an obvious error, namely, editing error, insertion error or software error. If an error is detected in the display of the price of a particular item that has been ordered by the Customer, Rubi Online reserves the right to revoke/cancel such order, however, giving the Customer the opportunity to carry out the purchase in question at the price correct, subject to stock availability.
In case of revocation/cancellation of the purchase operated by Rubi Online, the latter will immediately refund the amount paid by the Customer to the Customer.
Ruby online will not be bound to supply any product whose displayed price is manifestly wrong.
A. Frazão Sucs lda reserves the right to change prices and/or characteristics of products and services without prior notice.
Claims
Any complaint or suggestion may be submitted through the Customer Support Service by sending an email to the following address: vendas-online@ourivesaria-rubi.com.
Processing of Personal Data
In compliance with Law No. 67/98 of 26 October, on the Protection of Personal Data, we inform you that the processing of personal data collected on the website www.RubiOnline.pt is the responsibility of A. Frazão Sucrs Lda.
The data collected on the website is intended for processing orders and communication with Customers, processing requests for information and any complaints, statistical analysis, as well as their use for direct marketing purposes.
A. Frazão Sucrs Lda guarantees the confidentiality of all data provided by its customers, warning that, despite the fact that A. Frazão Sucrs Lda proceeds to collect and process data in a safe way and to take all technical measures to prevent its loss or manipulation, the respective collection is carried out in an open network, a fact that is likely to allow the circulation of the personal data made available and, as well as its use and visualization by unauthorized third parties, A. Frazão is not responsible Sucrs Lda. for any damages caused.
A. Frazão Sucrs Lda grants the Customer, at all times, the right to access, rectify or delete their personal data, as well as the right to oppose their treatment, by means of a written request that must be sent to the email address or to the above address.
Jurisdiction and Applicable Law
The law applicable to any contractual relationship established through the website of A. Frazão Sucrs Lda is Portuguese law. In order to settle any and all disputes arising from any contract entered into under these general conditions of sale, the Court of the Azores district will be competent with the express waiver of any other.
WEBSITE
Article 64 – Automatic, distance and catalog sales – of the RJOC (Decree-Law No. 120/2017 of 15 September)
a) Contain the express indication that the articles are legally marked, when applicable; b) Contain express information on the metal or metals that make up the articles with precious metal, the respective touches, their weight, as well as, eventually, the type of gemological materials that adorn them; c) Make the list of brands available in a visible form, in digital format, of the Contrastarias, and, in the case of electronic availability, a link to the INCM website may be created. Available here. d) Contain an express indication that the buyer may, in case of doubt about the authenticity of the brands, resort, for verification purposes, to the services of the Assay Office; e) Provide the indication of the name of the economic operator, the tax identification number or identification number of the legal person and the activity title number; f) Provide or indicate, as the case may be, the link to the Banco de Portugal website through which information on the daily quotation of gold, silver, platinum and palladium can be accessed, in accordance with the provisions of the in paragraph a) of paragraph 1 and in paragraph 2 of the previous article. Available here. g) Provide a list of registered evaluators for consultation, managed and organized by the INCM, whenever used precious metal items are sold. Information available here
