OXUM is a virtual company dedicated to jewellry electronic commerce. The tax identification number is Idalina Maria Barbosa da Costa, taxpayer 129151602, Braga, Portugal; activity title no. P330012.
The general terms and conditions of use apply to all visitors to the online store www.oxum.pt (hereinafter referred to as online store), and determine how the service is to be provided by OXUM and the terms and conditions of sale products online. The registration on the page does not imply any charge for the user, being free his authentication. Before ordering any product in our online store, carefully read these terms. We recommend its archive for later consultation.
LEGAL ABILITY OF USERS
The use of OXUM and the transactions made through our online store depend on the legal capacity of its user, which will be checked according to the data made available at the time of registration. OXUM is not responsible for the incorrect insertion of data corresponding to the capacity of the person, nor for the transactions made under these conditions.
This document should be interpreted in accordance with the current legislation, Law 47/2014 of 28 July, DL 24/2014, of February 14 and DL 67/2003, of April 8.
Occasionally, we may make changes to the Agreements. When this happens, we will communicate them through the best suitable means. Please be sure to read our communications as post-communication services will be carried out in accordance with those changes. If you do not wish to continue to use our services, you must communicate your wish using the contact form or by e-mail to email@example.com.
The commercial information and description of the products are detailed in the respective sections of the online store. All products are legally marked according to legal requirements. In case of doubt, the customer can use “Contrastarias” services, through the contacts made available in www.icnm.pt. In the event of finding links in third-party online stores that direct the user to the page www.oxum.pt, we inform you that OXUM does not have any responsibility neither on the provenance of the page in question nor on the contents inscribed therein.
The navigation, use and purchase of products through OXUM online store assumes the acceptance of these General Terms.
USING OXUM ONLINE STORE
It is expressly prohibited the use of links for purposes other than those of the online store without the prior permission of OXUM. It is also forbidden to use www.oxum.pt page for abusive or fraudulent purposes. Violation of this clause by the user will will imply to take legal action throught the competent means.
PRODUCTS AND SERVICES INFORMATION
The information provided by OXUM on the products traded in the online store refers to its essential characteristics from the user's point of view. These are complemented with photographic illustrations.
The prices of the products and services available in the online store include VAT at the rate of 23%, according to the legislation in force.
There are two shipping methods available: normal and urgent. Each time an article is submitted, an automatic email is sent to the customer. Invoices are issued electronically. The value of shipping costs depends on the country of destination and are properly identified.
OXUM shall not be liable for any loss that may occur during transportation which is made by a means of transport of the customer's choice or by a third party indicated by the customer.
In cases of return of orders due to unknown, incomplete or wrong addresses, OXUM will only re-dispatch the item to the customer upon client’s payment for the additional costs of the second shipment of the order. The shipment and the value of the freight will be calculated according to the current table for the weight of the article(s) to be sent, and according to the means of transport of delivery initially chosen by the customer. If he does not accept the payment for the second shipment, OXUM can not be responsible for the refund of the amount paid for the 1st order, due to the fact that the order did not reach the recipient because the customer has not provided the correct address.
MEANS OF TRANSPORT
OXUM does not provide parcel transport services. These are delivered to the customer through specialized transportation companies.
The delivery time depends on the shipping method chosen by the customer at the time of purchase and the location of the delivery destination.
The shipping period depends on:
- the availability of the chosen product: as it is a handicraft product, its production is limited;
- the agreement with the customer.
If your item does not arrive within 15 business days after shipment, please contact OXUM through the email firstname.lastname@example.org.
The order will be delivered within a maximum of 30 days after order confirmation and payment, unless otherwise agreed, and taking into account the specification of the product.
For deliveries outside Portugal, the costs and procedures for collecting the order at destination are at the customer's charges and responsibility.
In case of breach of contract due to unavailability of the article ordered, OXUM will inform the customer of this fact and will reimburse the customer of the amounts paid, within a maximum of 30 days, from the date of knowledge of that unavailability.
If the product presents any defect, the customer is entitled to have the product repared or replaced, provided that:
- The article and all its accessories shall not show evidence of improper handling;
- The packaging and its manuals, if any, must be in perfect conditions;
- The article may not have been the subject of specific production or alteration of characteristics that prevents its normal commercialization.
The product must only be exchanged after receipt of the returned product.
The exchange will only be possible upon presentation by the customer of the original purchase invoice.
The products traded by OXUM in www.oxum.pt are covered by the legal regime of the warranty, in accordance with D/L no. 67/2003, of April 8th.
It is customer responsibility to check the conditions of the order upon receipt. In the event of a defect or problem, you should contact OXUM immediately, via email@example.com in order to communicate the situation as detailed as possible.
After reporting the defect, the customer must allow OXUM to review the products. Faulty product inspection occurs at the OXUM premises.
The customer may exercise the rights indicated in this clause when the lack of conformity manifests itself within a period of two years from the delivery of the good.
In case of lack of conformity, the customer has the right to have it replaced without charge, through repair or replacement or resolution if the first two solutions are not viable.
The expression 'free of charge' relates to the expenditure necessary to return the goods in accordance with the contract, such as shipping, workmanship and material costs. This means that if the claim under the guarantee is denied, the client will have to pay the shipping costs.
The client may exercise any of the rights referred to in this clause, unless this is impossible or constitute an abuse of rights, in general terms.
"Lack of conformity" means that the product must be delivered in accordance with the technical characteristics set out in its description and devoid of any defect likely to diminish the economic value and its utility. However, it must be taken into consideration that it is a handcrafted product and as such the product may present slight differences from the product presented in the online store.
On the other hand, any defects in products resulting from normal wear and tear, damage caused by transport by the customer, misuse or repairs without OXUM written approval will not be covered by the warranty.
In order to activate the guarantee, it is necessary to send the product with the respective purchase invoice by the Customer.
RIGHT OF FREE SETTLEMENT
The customer has the right to terminate the contract and without having to indicate the reason, within 14 days counting:
- the day on which the customer, or a third party - other than the carrier - appointed by the customer acquires the physical possession of the goods in case of sales contracts;
- the day on which the customer or a third party - other than the carrier - acquires the physical possession of the last product, in the case of several goods ordered by the customer in a single order and delivered separately;
- the day on which the customer or a third party - other than the carrier - acquires the physical possession of the last lot or element, in the case of the delivery of a good consisting of several lots or elements.
The right of free settlement does not affect the customer's right to inspect, with due care, the nature, characteristics and the operation of the product.
The customer may be held liable for the depreciation of the product if the manipulation carried out to inspect the nature, characteristics and operation of that product exceeds the handling that is usually admitted to a commercial establishment.
In order to exercise the right to terminate the contract, the customer must communicate his/her decision, by clear and unequivocal statement, to OXUM Atelier de Joalharia, headquartered in Braga, Portugal, through the e-mail address firstname.lastname@example.org.
Upon receipt of the statement of decision to terminate the contract, the customer will be refunded, within 14 days, of the total amount of payment received that will be made through the same payment method used by the customer to purchase the product.
If payment of the product(s) has been made through bank transfer, ATM, paypal, credit card or MBWAY, the customer has the duty to indicate the tax number of the taxpayer so that the refund of the total payment amount received took place.
The customer must return the goods to OXUM within 14 days of the communication date of her/his decision. The returning costs will be at customer’s expenses.
In case the customer does not return the goods properly or does not provide evidence of the act, OXUM reserves the right to withhold the reimbursement of the value while the situation is not regularized.
The customer can not exercise the right of free settlement when the period of 14 days has elapsed.
APLICABLE LAW AND DISPUTE SETTLEMENT
All issues not expressly regulated in the General Terms and for the purpose of settling disputes will apply the Portuguese Law. The consumer can use alternative means of resolving conflicts, whose contacts are:
CIAB-Tribunal Arbitral de Consumo
Rua D. Afonso Henriques, 1,
T. +351 253 617 604 | F. +351 253 617 605
OXUM is not responsible for any technical fault that is not directly attributable to it, such us computer and server problems, keeping our online store temporarily unavailable to users.
Notwithstanding the efforts to maintain the quality and operation of the online store, OXUM may, exceptionally and in the interest of the user, suspend operations for technical reasons or causes that are extraneous to it that might impede the proper functioning of the service.