Terms of Service

OVERVIEW

Welcome to Joalheria Balbino.

The terms “we”, “us” and “our” refer to Joalheria Balbino. Joalheria Balbino operates this website and online store, including all related information, content, features, tools, products and services offered through it (collectively, the “Services”).

Our online store is powered by Shopify, which provides us with the e-commerce platform that enables us to offer our products and Services to you.

These Terms of Service (“Terms”), together with our Privacy Policy, Shipping Policy, Refund Policy and any other policies referenced herein, govern your access to and use of the Services and purchases made through our website.

Please read these Terms carefully before accessing or using our website.

By accessing, browsing or using the Services, or by placing an order with us, you agree to be bound by these Terms and the policies incorporated into them. Nothing in these Terms limits or excludes any rights granted to consumers under mandatory applicable law.

If you do not agree with these Terms, you should not use the Services.

Language

These Terms are available in English and Portuguese. Both versions are provided for transparency and accessibility.

In the event of any discrepancy or inconsistency between the two versions, the Portuguese version shall prevail, without prejudice to any mandatory rights available to consumers under applicable law.

SECTION 1 — ACCESS AND ACCOUNT

By using the Services, you confirm that you have the legal capacity required to enter into contracts under the laws applicable to you.

To browse our website or purchase our products, you may be required to provide certain information, including your name, email address, billing information, payment information and delivery address.

You agree to provide information that is accurate, complete and up to date.

If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity carried out through your account.

You may not use our Services for any unlawful or unauthorised purpose.

SECTION 2 — OUR PRODUCTS

We make every reasonable effort to present our products as accurately as possible, including their colours, proportions, materials, finishes and appearance.

However, the appearance and colour of a product may vary slightly depending on the screen, device and display settings used to view our website.

Certain pieces may also present subtle variations resulting from their materials, finishes or production process. Such variations do not necessarily constitute a lack of conformity where they are inherent to the nature and characteristics of the product.

Product descriptions, availability and collections may be modified or discontinued from time to time.

We reserve the right to limit the quantities of products available for purchase, including where pieces are produced or curated in limited quantities.

Nothing in this Section affects your statutory rights concerning the conformity of goods.

SECTION 3 — ORDERS

By placing an order through our website, you submit an offer to purchase the selected products.

After placing your order, you will receive an electronic confirmation acknowledging receipt of your order.

We reserve the right to refuse or cancel an order where reasonably justified, including in cases of product unavailability, payment failure, suspected fraud, incorrect pricing or product information, or where we are unable to fulfil the order.

Where payment has already been received for an order that we subsequently cancel, the relevant amount will be refunded in accordance with applicable law.

Please review your order carefully before submitting it.

Requests to modify or cancel an order after it has been placed will be considered whenever reasonably possible, but we cannot guarantee that an order can be changed once preparation or dispatch has begun.

Purchases are subject to our Refund Policy, including the applicable statutory right of withdrawal.

Products purchased through our website are intended for personal use and not for unauthorised commercial resale.

SECTION 4 — PRICES, TAXES AND PAYMENT

Prices displayed on our website are shown in the currency indicated at the time of purchase.

Applicable taxes will be included or identified in accordance with applicable law.

Delivery charges, where applicable, are displayed or made available to you before the order is completed and are further described in our Shipping Policy.

For destinations outside the European Union, orders may be subject to import duties, local taxes or customs charges imposed by the destination country. Where applicable, such charges are generally the responsibility of the recipient unless expressly stated otherwise.

Prices, promotions and offers may change from time to time. Such changes will not affect orders already accepted by us, except where required or permitted by law.

You agree to provide current, complete and accurate billing and payment information.

All payments are subject to authorisation by the relevant payment provider.

SECTION 5 — SHIPPING AND DELIVERY

Orders are prepared and dispatched in accordance with our Shipping Policy.

Delivery times displayed on our website are estimates. While we make reasonable efforts to meet these estimates, delivery may occasionally be affected by circumstances outside our reasonable control, including carrier delays, customs procedures, public holidays or periods of high demand.

Such estimates do not affect any mandatory delivery rights available to consumers under applicable law.

For consumer purchases, the risk of loss or damage to the goods remains with Joalheria Balbino until the consumer, or a third party designated by the consumer other than the carrier, acquires physical possession of the goods, except where applicable law provides otherwise.

Further information concerning destinations, estimated delivery times, shipping charges and complimentary delivery thresholds is available in our Shipping Policy.

SECTION 6 — RETURNS, WITHDRAWAL AND REFUNDS

Returns and refunds are governed by our Refund Policy and applicable consumer protection legislation.

Where the statutory right of withdrawal applies to a distance contract, consumers generally have 14 days from the date on which they, or a third party designated by them other than the carrier, acquire physical possession of the goods to communicate their decision to withdraw from the contract.

The consumer may exercise this right through an unequivocal statement communicating the decision to withdraw, subject to the requirements and exceptions established by applicable law.

Products that fall within a statutory exception to the right of withdrawal, where applicable, will be treated in accordance with applicable legislation.

The conditions, procedure and return information applicable to purchases from Joalheria Balbino are described in our Refund Policy.

Nothing in our Refund Policy or these Terms limits statutory rights relating to defective or non-conforming goods.

SECTION 7 — CONFORMITY AND STATUTORY RIGHTS

Joalheria Balbino is responsible for delivering goods that conform to the contract and to the requirements established by applicable consumer protection legislation.

Where a product lacks conformity, consumers may be entitled, subject to the conditions established by law, to have conformity restored through repair or replacement and, where legally applicable, to a proportional reduction in price or termination of the contract.

Any commercial guarantee voluntarily offered by Joalheria Balbino is additional to, and does not replace or restrict, the consumer's statutory rights.

SECTION 8 — INTELLECTUAL PROPERTY

Unless otherwise indicated, the content available through the Services, including the BALBINO name and identity, texts, photographs, product imagery, graphics, logos, designs, collection names, visual elements, videos and other creative materials, is owned by Joalheria Balbino or used with appropriate authorisation.

Such content is protected by applicable copyright, trademark and intellectual property laws.

You may access and use the website for personal and non-commercial purposes.

Unless permitted by law or expressly authorised by us in writing, you may not reproduce, distribute, modify, publish, commercially exploit, transmit or create derivative works from any protected content available through the Services.

Third-party names, trademarks and materials remain the property of their respective owners.

SECTION 9 — OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to tools, services or functionalities supplied by third parties.

Certain aspects of our online store are provided through Shopify and other service providers involved in areas such as payments, analytics, delivery or website functionality.

Your use of third-party services may also be subject to the terms and policies of the relevant third party.

To the extent permitted by applicable law, we are not responsible for third-party services that are outside our reasonable control.

SECTION 10 — THIRD-PARTY LINKS

Our website may contain links to websites or services operated by third parties.

These links may be provided for convenience or informational purposes and do not necessarily imply endorsement by Joalheria Balbino.

We are not responsible for the content, privacy practices or terms of third-party websites.

We recommend reviewing the applicable terms and policies before entering into a transaction with a third party.

SECTION 11 — RELATIONSHIP WITH SHOPIFY

Our online store is powered by Shopify, which provides the technology used to make the Services available.

However, purchases made through the Joalheria Balbino website are transactions between you and Joalheria Balbino, not between you and Shopify.

Shopify may process certain information in connection with the operation of the platform, as further explained in our Privacy Policy and Shopify's applicable privacy documentation.

Nothing in this Section limits any rights or remedies that cannot lawfully be excluded.

SECTION 12 — PRIVACY

Personal information collected through the Services is processed in accordance with our Privacy Policy and applicable data protection legislation, including, where applicable, the General Data Protection Regulation (GDPR).

Because our store is powered by Shopify, certain personal information may also be processed by Shopify and other service providers necessary for the operation of our online store.

Please refer to our Privacy Policy for further information concerning how personal data is collected, used, stored and shared.

SECTION 13 — REVIEWS, FEEDBACK AND USER CONTENT

If you submit reviews, comments, photographs, suggestions or other content to us, you confirm that you have the necessary rights to provide that content.

You must not submit content that is unlawful, defamatory, abusive, misleading, obscene, infringes intellectual property or privacy rights, or contains malicious software.

Where you voluntarily provide content for publication or promotional use, you grant Joalheria Balbino the rights reasonably necessary to use that content for the purpose for which it was submitted, subject to applicable law.

We reserve the right to moderate or remove content where reasonably necessary, including content that violates these Terms or applicable law.

SECTION 14 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, availability, prices, promotions, shipping charges or delivery estimates.

We reserve the right to correct such errors and update information when necessary.

Where an error affects an order already placed, we will act in accordance with applicable law and, where appropriate, contact you before proceeding with the order.

Nothing in this Section limits any statutory consumer rights.

SECTION 15 — PROHIBITED USES

You may use the Services only for lawful purposes.

You must not use the Services to:

violate applicable laws or regulations;
infringe our intellectual property rights or those of another person;
submit false, fraudulent or misleading information;
transmit viruses, malicious code or other harmful material;
engage in phishing, fraud or unauthorised data collection;
interfere with the security or normal operation of the website;
impersonate another person or entity;
collect or process personal information unlawfully;
use automated systems to access, extract or reproduce substantial portions of the Services in violation of applicable law or our rights; or
otherwise use the Services in a manner that causes unlawful harm to Joalheria Balbino, our customers or third parties.

We may restrict access to the Services where reasonably necessary in response to unlawful activity, security risks or material violations of these Terms.

SECTION 16 — SUSPENSION AND TERMINATION

We may suspend or terminate access to all or part of the Services where reasonably necessary, including where these Terms have been materially violated or where required for legal or security reasons.

Termination does not affect rights and obligations that arose before termination or provisions that, by their nature, are intended to continue afterwards.

SECTION 17 — DISCLAIMER

We make reasonable efforts to ensure that information made available through our website is accurate and up to date.

However, general editorial or informational content available through the Services should not be regarded as professional, legal, financial or other specialised advice.

To the maximum extent permitted by applicable law, we do not guarantee that access to the website will always be uninterrupted or completely free from technical errors.

Nothing in these Terms excludes, restricts or limits any guarantee, liability, remedy or consumer right that cannot lawfully be excluded or limited under applicable law.

SECTION 18 — LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Joalheria Balbino shall not be liable for indirect or consequential losses that were not reasonably foreseeable at the time the contract was entered into.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability arising from fraud, wilful misconduct, or any mandatory consumer protection rights.

The limitations contained in these Terms shall therefore apply only to the extent legally permitted.

SECTION 19 — INDEMNIFICATION

To the extent permitted by applicable law, you are responsible for losses reasonably incurred by Joalheria Balbino as a direct consequence of your unlawful use of the Services or material breach of these Terms.

Nothing in this Section imposes liability on a consumer beyond what is permitted under applicable law.

SECTION 20 — SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be interpreted or limited to the minimum extent necessary to make it enforceable where possible.

If this is not possible, the relevant provision shall be considered severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 21 — WAIVER AND ENTIRE AGREEMENT

A failure by Joalheria Balbino to exercise or enforce a right under these Terms does not constitute a waiver of that right.

These Terms, together with the policies and information expressly incorporated into them, constitute the agreement governing your use of the Services and purchases through our website, subject always to rights and obligations arising under mandatory applicable law.

SECTION 22 — ASSIGNMENT

You may not transfer contractual rights or obligations in a manner prohibited by applicable law or where doing so would materially affect our rights without our prior consent.

We may transfer rights or obligations relating to the operation of the business where legally permitted, provided that doing so does not reduce the statutory rights of consumers.

SECTION 23 — GOVERNING LAW AND CONSUMER RIGHTS

These Terms and contracts entered into with Joalheria Balbino are governed by Portuguese law, without prejudice to any mandatory consumer protection provisions that may apply to consumers residing in another jurisdiction.

Nothing in these Terms deprives a consumer of the protection afforded by mandatory provisions of the law that would otherwise be applicable to them.

Any dispute shall be submitted to the competent courts in accordance with applicable law.

Where applicable, consumers may also have access to an Alternative Dispute Resolution (ADR) entity in accordance with Portuguese consumer protection legislation.