Terms and Conditions | Marcolino Link

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 - Relojoaria, Lda., headquartered at Rua de Santa Catarina 84, 4000-441 Porto, registered with the Porto Commercial Registry Office under the sole registration and taxpayer number 507 944 097, with a share capital of €2,100,000.00, hereinafter referred to as Marcolino.
Contacts: email [email protected]; telephone +351 222 001 606 (call to a Portuguese landline) and +351 914 573 415 (call to a Portuguese mobile network).

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.

4.5. Products purchased under the “Outlet” campaign may show small marks or scratches, namely as a result of display or handling. This condition is indicated on the product page and accepted by the user at the time of purchase, and does not affect the rights legally granted to consumers in online and distance sales, including the right of withdrawal and the legal guarantee of conformity.

4.6. Despite the control mechanisms in place, an incorrect price may be shown on the Site due to a technical or input error. In that case, Marcolino will inform the user before the order is shipped: (i) if the correct price is lower than the one shown, the difference will be refunded; (ii) if the correct price is higher, the user may choose to pay the difference and keep the order or to cancel it, in which case all amounts paid will be refunded within a maximum of 14 (fourteen) days.

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. The available payment methods, namely credit or debit card, MB WAY, Multibanco reference, bank transfer, digital wallets and instalment payment solutions, are shown to the user during checkout and may vary depending on the order value and the delivery country.

6.5. Instalment payment solutions (for example seQura, Klarna or Scalapay) are provided by the respective companies, which decide on their approval and whose terms and conditions apply. These solutions may not be available for orders with discounts or covered by promotional campaigns.

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 ships orders to the countries listed in the shipping rates table on the Orders and Shipping page, and the available destinations are also shown during checkout.

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 are shipped on business days via GLS (Portugal, including the Autonomous Regions, and Spain) and DHL Express (all other destinations).

8.4 - Without prejudice to clause 7.5, shipping costs, including the order values above which shipping is free, vary depending on the destination, the order value and the delivery method chosen. They are listed in the shipping rates table on the Orders and Shipping page and are always shown to the user before the order is confirmed.

8.5 - The estimated delivery times for each destination and delivery method are listed on the Orders and Shipping page. These times are merely indicative and are based on information provided by the carriers. Marcolino is not responsible for delays attributable to the carrier, customs clearance or payment approval, but undertakes to work with the user to minimise them.

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.

8.8 - Upon delivery, the user should check the condition of the packaging. If it shows clear signs of damage or tampering, the user should refuse delivery or, if accepting it, record the occurrence on the courier’s delivery note, and contact Marcolino as soon as possible, preferably within 48 hours, at [email protected] or through the contacts given in the Pre-contractual information, so that the matter can be resolved with the carrier. This clause does not affect the consumer’s rights in the event of a lack of conformity of the goods.

8.9 - If the carrier is unable to deliver to the address provided, the order may be made available for collection at a carrier pick-up point for the period indicated by the carrier, and the user will be notified accordingly. If the order is not collected within that period, it will be returned to Marcolino, which will contact the user to arrange a new shipment, at the user’s expense, or the cancellation of the order, with a refund of the amount paid less the shipping and return costs borne by Marcolino.

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 Decree-Law No. 84/2021, of October 18, Marcolino is liable for any lack of conformity of the goods that becomes apparent within 3 (three) years from the date of delivery.

10.1.1. Any lack of conformity that becomes apparent within 2 (two) years from the date of delivery is presumed to have existed at the time of delivery, unless this is incompatible with the nature of the goods or the nature of the lack of conformity. After the 2 (two) year period, it is up to the consumer to prove that the lack of conformity existed at the time of delivery.

10.1.2. To exercise the legal guarantee, the consumer must present the non-conforming product together with the invoice or other valid proof of purchase and, where applicable, the original of the manufacturer's international warranty certificate duly completed (date of purchase, name and address of the retailer and serial number of the item, where applicable).

10.1.3. In the event of a lack of conformity, the consumer is entitled to: a) have the goods brought into conformity, by repair or replacement; b) a proportionate reduction in the price; or c) termination of the contract.

10.1.4. The consumer may choose between repair and replacement, unless the chosen remedy is impossible or, compared with the other, would impose disproportionate costs on Marcolino, taking into account all circumstances, including: a) the value the goods would have if there were no lack of conformity; b) the significance of the lack of conformity; c) whether the alternative remedy could be provided without significant inconvenience to the consumer.

10.1.5. The consumer may choose between a proportionate price reduction and termination of the contract where Marcolino: i) has not carried out the repair or replacement; ii) has refused to bring the goods into conformity under the previous clause; iii) has declared, or it is clear from the circumstances, that it will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer; or where iv) the lack of conformity reappears despite the attempt to bring the goods into conformity; v) a new lack of conformity occurs; or vi) the lack of conformity is so serious as to justify an immediate price reduction or termination of the contract. The price reduction is proportionate to the decrease in the value of the goods received compared with the value they would have if they were in conformity. The consumer is not entitled to terminate the contract if Marcolino proves that the lack of conformity is minor.

10.1.6. The legal guarantee is independent of any commercial warranty the manufacturer may provide. Some items are also covered by the respective manufacturer's international warranty, valid at authorised retailers and service centres, under the terms and periods set by the 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.

10.5. Without prejudice to the legal guarantee of conformity, the warranty does not cover damage resulting from: (a) misuse, improper handling or use contrary to the manufacturer’s instructions, including signs of dropping, impact or exposure to moisture in items that are not water-resistant; (b) normal wear of components such as bracelets, straps, crystals and batteries; (c) modifications, openings or repairs carried out by parties not authorised by Marcolino or by the respective brand.

10.6. If the fault is not covered by the warranty but can be repaired, Marcolino will provide the user with a repair quote, which will only be carried out after the user’s express approval. If the quote is declined, the item will be returned to the user in the condition in which it was received, and the shipping costs indicated in the quote may be charged.

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)

13.2 - Without prejudice to the preceding clause, in the event of a consumer dispute the user may turn to the competent alternative dispute resolution entity, CICAP – Porto Consumer Information and Arbitration Centre (www.cicap.pt), or to CNIACC – National Centre for Consumer Dispute Information and Arbitration (www.cniacc.pt). More information on the Consumer Dispute Resolution page.

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

16. Intellectual property

16.1. The contents of the Site, namely texts, graphics, design, code and databases, as well as the Marcolino brand and domain name, are owned by Marcolino or used by it under licence, and are protected by copyright and industrial property law.

16.2. The trademarks, logos, names, images and descriptions of the products sold on the Site, including those of Rolex, Messika and the other brands represented, are the property of their respective owners and are used by Marcolino within the scope of its commercial relationship with them, solely for the promotion and sale of the products.

16.3. The reproduction, transformation, distribution or any other use, in whole or in part, of the contents referred to above for purposes other than consulting information and purchasing products on the Site is prohibited without the prior written consent of the respective owner.