The Usage Terms and Conditions of the website www.davidrosas.com of which “David Rosas, Lda.” provides to potential clients, as well as conditions applied to the contacts made through the web platform, are as follows:
1. Website David Rosas & Owner
1.1. The website or portal www.davidrosas.com (henceforth designated as “website”) is a website of the property of the David Rosas, Lda. (henceforth David Rosas and better identified in 1.2 of the present General Conditions) that also owns the brand “David Rosas” and the domain name “davidrosas.com”.
1.2. For legal purposes, these are the contacts and complete identification of the entities responsible for the treatment of personal information:
1. Denomination: David Rosas, Lda.
2. Collective identification number / commercial register: 501495290
3. Headquarters and address: David Rosas, Lda. Avenida da Boavista, n.º 1471, Loja n.º 4. 4100 131 Porto
4. Commercial register conservatory: Oporto
5. Electronic address: firstname.lastname@example.org
6. Phone contact: 226 061 060
1.3. For the effects put in place by the legislation in relation to the protection of personal information (Law 67/98, 26 of October), David Rosas, better identified in the previous number, is the responsible entity for the treatment of personal information that may be provided by website users.
2. Object, Objectives, and Ambition of Application
2.1. The website is an electronic platform via web destined for the promotion, divulgation, and sale to the public (virtual store) of watch products, jewelry, accessories and other miscellaneous brands and models commercialized by David Rosas.
2.2. The present general conditions apply to all visitors and users of the website www.davidrosas.com and all commercial transactions made through the referenced platform (virtual store) through this available method.
2.3. David Rosas reserves the right to alter, at any moment, the present general conditions. Any alterations of the present general conditions, will enter into effect immediately, with the previous conditions being applied to orders made and finalized payments by the user before the new conditions were applied.
2.4. The present terms and conditions regulate specifically and exclusively the transactions and operations made through the website, not being applicable to sales made in the establishments (physical stores) of David Rosas. The same way, whichever promotions or advantages available through the website are not applicable to sales made through the establishments (physical stores) of David Rosas and vice-versa.
3. Responsibility of the Client / User
3.1. Registration as a user of the site and/or the placement of product orders commercialized on the website, presupposes the integral understanding the present general conditions and implies the express acceptance from the client / user of all terms and conditions.
3.2. Aside from others that are found expressly previewed, client / user obligations and responsibilities:
- Do not utilize the site for diverse objectives of obtaining product information and respective sales conditions and/or for your acquisition;
- Fill out precisely, integrally and honestly all electronic forms related to the registration as a user, the formulation of orders, and other services provided on the website that you may come to use;
- Save and avoid sharing to third parties your user code and access password;
- Do not use the website or other any other platforms and forms available through the website, to divulge illegal contents, illicit or offensive general principles of rights, of ethics and public order;
- Integrally comply all general conditions and particulars relative to the website, for its usage and transactions, including contracts made through the website.
3.3. Without prejudice of other contractual responsibilities or legalities that may be subject to the user / clients conduct, David Rosas reserves the right to cancel all accounts and registers of user / clients that violate any present general conditions or contractual or pre-contractual conducts that has been objectively revealed to be made in bad faith.
4. Client Registration and Order Completion
4.1. To place orders online, the user / client, can choose to register as a user beforehand, by filling out the respective form available online or not, as it is also possible to place orders without being registered as a user.
4.2. The user / client is the only person responsible for the integrity, veracity, and completion of the user registration form, including the orders that may be realized. The user / client will be responsible for keeping and maintaining in secret their password for accessing the client area. The loss or theft of the access password should be immediately communicated to David Rosas.
4.3. The user / client is responsible for always maintaining and updating the information related to their account, including the elements related to addresses.
4.4. David Rosas reserves the right to cancel all accounts and registers of user / clients that contain false or incomplete information and/or correspond to nonexistent identities.
4.5. After registering as a user, the user / client may complete orders, utilizing the shopping cart, and follow all steps, including those related to the payment.
4.6. The shipment validation requires approval by the user / client of the present general conditions, including the price, product descriptions, shipment times, and particular details of the transaction.
4.7. After ordering (and the respective payment) the user / client will receive an email with the order number, the acquired products and particular details related to the order. The user / client should inform, immediately, David Rosas in the case of an error or if the description and particular elements of the order are incorrect, to cancel the order.
4.8. The user / client should save the order confirmation, print and save the document in a secure location.
4.9. In the event of an error in the programming or communication, of which the information transmitted to the client is not in perceptible and comprehensible conditions related to essential elements or contractual elements, David Rosas reserves the right to cancel the order, informing the client / user of such.
4.10. The information registered by David Rosas in relation to the client / user and orders made, will be stored by David Rosas and may serve as contractual proof of orders. At the request of the client / user David Rosas will deliver copies of the client registers and respective orders.
5. Pricing, Characteristics, and Product Availability
5.1. The images utilized on the website for products are merely illustrative. By completing your order, the client / user should verify and analyse the characteristics and descriptions of their respective products.
5.2. The characteristics indicating the products, except products from the David Rosas brand, are provided to David Rosas by the respective manufacturers, importers, or distributors, of which the same are responsible for the information. Each David Rosas creation is unique. As a result, size, carat weight and stone qualities can vary slightly from one piece to another.
5.3. The price indicated is, excluding errors as a result of insertion or contrary indication, are the public sale price (including VAT).
5.4. The price of purchase made through the site is valid for the day of which the order and payment are made. David Rosas reserves the right to alter the sale price at any moment without prior warning.
5.5. It is possible, including with the efforts and rigorous control mechanisms instituted by David Rosas, some indicated prices may be incorrect. In the case where such mistake occurs, during the processing of the order, David Rosas will inform the client / user of such. In such a case, the user / client may:
- The difference will be returned in cases where the price paid is superior to the advertised price;
- You may cancel your order, or after being informed of the correct price and still being interested, pay the difference, in cases where the advertised price is superior to the paid value.
5.6. The stock indication, as well as the delivery dates, are merely illustrative. In cases where the stock is unavailable or processing delays or shipping delays of the product(s) ordered by the user / client, making the order impossible to satisfy within the indicated delivery time period, including 5 added days, David Rosas will contact the user / client, and they may choose to maintain the order and accept the new delivery date, or cancel, and receive the amount paid.
5.7. In the case where an ordered product is discontinued, David Rosas will inform the client of such an event and will proceed with the cancelation (total or partial) of the order, returning the user / client the value correspondent to the price paid for the discontinued product(s).
6. Payment and Forms of Payment
6.1. The orders are made effective after payment through one of available methods provided by David Rosas on the website.
6.2. The orders are only processed and shipped by David Rosas to the user / client after the payment has been confirmed.
6.3. The payment methods available for online purchases through the website are as follows: Credit Card / ATM reference / MBWay / PayPal and Bank Transfer.
6.4. The user / client recognizes and accepts that payment processing through online platforms involves security risks. The choice and option of usage of any payment method is exclusively the responsibility of the user / client, they may not hold David Rosas responsible for any eventual damage or losses incurred as a result of utilizing one of these payment methods, unless they are able to prove that the damage or losses were caused by a culpable act of omission by David Rosas.
7. Delivery of Orders
7.1. The website and the products available are to be sold directly to the, of which David Rosas will not consider any order that, by the objective characteristics, is not destined as a final consumer sale, or is a purchase that will be resold.
7.2.The user / client is the sole responsible party for the precise introduction, complete and honest of all solicited information on the user registration form and of the respective orders, including, without limiting, the address where the respective order should be delivered. David Rosas may not be held accountable for any delay or shipping difficult, including the incorrect delivery at an address not indicated by the user / client, whenever the mistake occurs as a result of error or imprecise information provided by the user / client.
7.3. The user / client is responsible for, at the moment of the order reception, of verifying if the packaging is in perfect condition and if the articles in question are from the order placed. In cases where there is visible damage, the user / client should refuse the order, mentioning the issue with the delivery representative, and contact through the email: email@example.com
7.4. Unless otherwise indicated, the estimated delivery date for articles order are approximately 3 to 5 working days after payment confirmation. For the estimation, business days will not include Saturdays, Sundays, or national or municipal holidays, days that are decreed bridge tolerance, and worker strikes in transportation or postal service sectors. The deliveries are made, during business days, between 9:00 and 18:00.
7.5. In the case where no one is present at the time of delivery, a new time shall be scheduled by the shipping company. In the case where the second delivery is unsuccessful, your order will be returned to the shipping to David Rosas. In such cases, the value paid will be credited to the user / client, deducting the transportation and processing costs of the order.
7.6. Shipping is free for purchases with a total value equal or greater than €200. For orders with a lower value, the following shipping costs apply:
- Continental Portugal: €6
- 48h Madeira and Azores: €21
- 72h Madeira and Azores: €11
- Spain: €7
- Zone 1 (European Union): €22
- Zone 2 (United Kingdom): €29
- Zone 3 (Other destinations except South America and Africa): €45
No shipments are made to countries in South America and Africa so users from these countries will not be able to complete the checkout.
8. Instructions and Other Elements Provided with the Products
8.1. Watches are products with mechanisms for precision and should be utilized and handled according to the instructions provided by the respective manufacturer or importer. We recommend the careful and integral reading of the instructions and other documents that accompany the product(s) before using.
8.2. Some products are still accompanied by conditions and warranty certificates provided by the respective manufacturers and importers. In these cases, the user / client should always conserve the warranty certificates and the respective terms and conditions, of which we recommend reading.
8.3. In the case where the product is accompanied by a warranty certificate, the user / client should verify if the certificate is duly stamped/ filled and dated.
8.4. All elements provided with the product (including the respective packaging and eventual accessories) are essential for the eventual exchange or return of the product (see 9 below). The warranty certificate and the respective purchase receipt are absolutely necessaries to exercise the rights according to the legal warranty or the eventual voluntary warranty applied by the respective manufacturer (see 10 below).
9. Returns and Resolution Right
9.1. In the terms of the applicable legislation (DL n° 24/2014, 14 of February, altered by law 47/2014, 28 of July) the user / client has 14 days (including Saturdays, Sundays, and holidays), starting from the date that the articles are delivered to the indicated address, to resolve the contract, without paying and without indicating a motive.
9.2. The rights referred to in the previous number should be exercised by the user / client by filling out the free resolution form on the website (legally approved model) that can be found below.
9.3. In the case where the user / client exercises their right of resolution, they should, at their own expense, return the product(s) that were delivered in the exact state that they were found upon delivery, accompanied by their respective warranty certificate(s), instruction manuals and any other document(s), packaging, any eventual accessories that may accompany the purchase, the respective receipt of purchase, and return it to any David Rosas store. Any costs associated to the return of products done by exercising the right of free resolution will always be supported by the user / client.
9.4. All elements accompanied by the product (including respective packaging and accessories) are essential for the eventual return or exchange of the product. The warranty certificate and the respective purchase receipt are absolutely necessary for exercising the rights dictated by the legal guarantee or the eventual voluntary guarantee provided by the respective manufacturer (see 10 below).
9.5. In the case where the user / client intends to exercise their right of resolution, in accordance with the terms of 9.1 and 9.2, without returning them to David Rosas within the 14-day period from the date that they were received, the resolution communication will not have any effect and the cost paid for the product(s) will not be returned to the user / client. The same will be applied in the case where all elements referred in number 3 are not found in perfect condition.
9.6. Once the products have been returned, the service technicians of David Rosas will proceed with analysing them and verifying their state and the return of all elements referred in number 8.3.
9.7. We will not accept returns or exchanges on products that present any signs of wear or misuse (including, and not limited to, scratches, signs of fall, hits or abrasions, signs of humidity in products that are not labelled water resistant) or with the security seal violated. In these cases, David Rosas will not return the value paid for the products in question and will proceed with returning them to the client, in the state that they were received.
9.8. We will not accept returns or exchanges on personalized products by the client or personalized in accordance with the client’s specifications.
9.9. For health reasons, we will not accept bracelets that present signs of usage. In this case, the value of the article will be returned, deducting the cost of public sale of the respective bracelet, which will be returned to the customer.
9.10. After being analysed by the David Rosas technicians, if the returned product(s) follow the above conditions, the value paid by the user / client will be returned within a maximum of 14-days from the date that David Rosas received the communication referred to in number 2 or the date in which the product was effectively returned to David Rosas, in the case where the return has occurred posterior to the communication resolution date.
9.11. The credit will be processed to guarantee an efficient and speedy return for our client’s convenience, and will be returned according to the payment method utilized during the initial purchase:
- Credit card/ Paypal /MBWay: The return amount will be credited in the Credit Card or PayPal / MBWay account utilized during the initial order.
- Payment via ATM Reference: Amount credited to the bank account after indication of the clients IBAN used to pay for the order.
- Payment via Bank Transfer: Amount credited to the bank account used for the order.
9.12. You may exchange for any product in store, as long as the value is equal or superior.
10. Warranty & Technical Assistance
10.1. All products sold through the website come with a warranty that is valid for a period of two years from the date of purchase by the user / client.
10.2. Some products may still be under warranty (international brand warranty) practiced by the respective manufacturer or importer. We recommend consulting the documents provided alongside the product(s) as soon as you receive them. In the case of an issue covered by the warranty, the user / client should consult any David Rosas store. To find your nearest store please consult the store map in the “Find a Store” section on davidrosas.com.
10.3.To exercise the user / client rights, you should always present the respective sales receipt as well as, when applicable, the respective warranty certificate duly dated and signed. The issue should be described, filled out, if you are presented with the technical assistance form utilized for this purpose.
10.4. Products with the following characteristics will be excluded from substitution or repair under warranty:
- We will not accept returns or exchanges on products that present any signs of wear or misuse (including, and not limited to, scratches, signs of fall, hits or abrasions, signs of humidity in products that are not labeled water resistant);
- If the product has been subjected to unauthorized modifications and/or repairs ;
- Bracelets, glass, batteries, and other rapid wear accessories that accompany the products.
10.5. Any deformities covered by the warranty will be repaired, as long as the repair is technically possible, or, if such a repair is impossible, the deformed product will be substituted for the same model or an equivalent model. In any case, the responsibilities will be taken care of by David Rosas.
10.6. The availability under the present conditions in relation to the purchase warranties of the consumer does not affect the consumers rights established by the decree-law 67/2003, of April 8, with the alterations introduced by the decree-law 84/2008, of May 21. Likewise, the rights provided by the International Manufacturer’s Warranty or by the importer warranty, found in the terms.
10.7. In the case, for whatever reason, a product is not covered under a warranty, but the repair is possible, David Rosas will contact the user / client and present a repair quote for approval by the client.
10.8. The present website is published and operated by an Authorized MESSIKA Reseller that also operates a shop situated at Quinta Shopping, Store 20, Estrada da Quinta do Lago 8135-106 Almancil, 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.
11.1. David Rosas, better identified by n.° 1.2 above is the responsible entity for the management of the personal information provided by the site users.
11.2. By providing the information, the user / client accept that the information collected may be utilized for publicity purposes, marketing (including through any means of direct marketing and publicity communications that are not solicited, as long as the user / client does not oppose this), commercial offers and/or promotions, purchase and sales of products, purchase and sales statistics, shipping management and placement, technical assistance and post-sales.
11.3. The user / client accepts that the information provided by him/her in regard to them may be passed and utilized for the purposes referenced in the previous number by companies related to the David Rosas group, such as: shared businesses by David Rosas; businesses shared with the shared businesses; businesses that hold a capital stake of David Rosas; or, shared businesses of the businesses holding capital stake of David Rosas.
11.4. The provided information may be transmitted to the shipping / postal service, exclusively for the sole purpose of delivery and processing of orders and information related to delivery and processing.
11.5. David Rosas will implement and maintain organized technical infrastructures to protect the information against accidental or illicit destruction, its unauthorized divulgation and unauthorized access, adulteration or loss, maintaining and securing the integrity and confidentiality of personal information. Such infrastructure includes secure copies, restrictive access permissions and authorizations, with the sole intention of blocking unauthorized third parties (others that are not the titular user / client of the information, in relation to the information directly related to them, David Rosas, the entities responsible for managing the information, employees directly involved with the information, and the entities referred to in number 11.3).
11.6. David Rosas, the entities hired by them for the management of the data, the workers and collaborators and entities referred to in number 3, hold themselves to astringent and rigorous standards of privacy in relation to the confidential information that may be found through the website. Only being authorized for the usage of general conditions, contracts between the user / client, or in the event of a legal order by a legal or administrative authority.
11.7. Without prejudice to the information displayed in the previous numbers, David Rosas informs and the Client accepts, that the collection, sharing and treatment of information in open networks has associated risks, including the possibility of being seen by unauthorized third parties, against the wishes and safekeeping and knowledge of David Rosas and the user / client, of which David Rosas or any authorized entity of such data is not responsible for such unauthorized access. On the other hand, by utilizing the website, whether as a user or simply viewing the contents, the user / client may be exposed to content, that against the independent wishes of David Rosas, violate the general terms and conditions of the website or the applicable legalities, with David Rosas or any other authorized entity of such information being free of the responsibility of such acts.
11.8. David Rosasensures and guarantees the client, in regard to the applicable legislative responsibility without any additional responsibility, the direct access (including, without limits, the rectification and actualization of their personal information), designated through the client area of davidrosas.com.
11.9. David Rosas and the entities referenced in number 3 above, may conserve and maintain the information for as long as necessary to ensure the contractual obligations that may be made between the user / client – including, without limits, for warranty and post-sales assistance purposes – which includes the direct conservation and utilization of such information, for the referenced purposes, even after such referenced contracts or agreements cease to be in effect, for whichever reason, and after the time period exercised by the right of free resolution.
A. Intellectual Property
A.1. The rights of intellectual property (including the rights of author, correlated rights, industrial property rights and unique rights) in regard to the website, its functionality, its programming, the database that supports the infrastructure, its contents, its name and domain name, are property of David Rosas.
A.2. The rights over certain website contents, including, without limitation, images, logos, product nomenclature and descriptions are owned by the respective manufacturers, license-holders, product distributors or importers of which they are promoted, shared, and commercialized. David Rosas may not be held responsible for the unauthorized use that the user / client or any other party that accesses the website does or eventually does with the materials or contents.
A.3. Any utilization for means of obtaining information and acquiring products is expressly forbidden and requires prior expressed consent by the respective rights owner. It is forbidden for the user / client or any other party accessing the website, specifically, without limits, the transformation, adaptation, reproduction, displaying, representing or utilization for diverse purposes, in complete or part of the world, of any contents or materials protected by the rights of the author, correlated rights, unique rights or rights of industrial property, such as the ones referred to in previous numbers.
A.4. The rights referred are protected by national and international norms and the information displayed in pervious numbers does not damage more restrictive regimes of these stated norms.
B. Applicable legislation. Portuguese court’s jurisdiction
B.1. By utilizing the site as well performing transactions, contracts and business made through the website, and the interpretation and application of the present general conditions are applicable to Portuguese law.
B.2. To resolve any litigious emergence from utilizing the website, transactions, contracts and business made through this or the application of present general conditions are exclusively of the Portuguese Court’s authority.
C. Legal information provided to the consumer
C.1. Information in regard to the Right of Free Resolution (referred to in line j of n.° 1 article 4, of DL n.° 24/2014, 14 of February, altered by Law 47/2014, 28 of July)
The consumer has the right of free resolution of the present contract during a period of 14 calendar days, without requiring any motive or explanation. The timeframe to exercise the right of free resolution expires 14-days and one day after from the date that either you or a third-party indicated by you, without including the transportation, have received the physical goods. To exercise your right of free resolution, you must communicate to use through the contacts below your resolution decision via an unequivocal declaration (ex. Mailed letter, fax, or email).
For these purposes, here are the following contacts of David Rosas:
1. Filled out via electronic form - Download PDF
2. Address: David Rosas, Lda.
Online Sales Services
Avenida da Boavista, n.º 1471, Loja n.º 4
4100 131 Porto
3. Electronic address: firstname.lastname@example.org
4. Fax: 226 000 078
To ensure that the timeframe of the free resolution is respected, ensure that the referenced communication in relation to the right of free resolution be sent before the expiration term of the resolution.