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TERMS & CONDITIONS

CAUNY is a registered trademark belonging to OURTIME - RELÓGIOS E ACESSÓRIOS, LDA., a limited liability company with registered office at Rua 3, Edifício Altejo Sala 406 - Urbanização Matinha 1950-326 Lisboa Portugal, with tax and commercial registration number 508409314, registered at the Commercial Registry Office of Lisbon, 218 626 070, e-mail address: info@ourtime.pt.

The Terms and General Sales Conditions described below apply to all orders placed with OURTIME - RELÓGIOS E ACESSÓRIOS, LDA. and to all the items and services provided on www.cauny.com, and describe the rules and regulations for its access and use.

OURTIME - RELÓGIOS E ACESSÓRIOS, LDA., reserves all rights to change the Terms and General Sales Conditions at any given time. The Terms and General Sales Conditions that apply to the transactions taking place, are those available on the website at the time of placing the order. These conditions are those agreed on between the above-mentioned company - OURTIME - RELÓGIOS E ACESSÓRIOS, LDA. – and anyone placing an order on the CAUNY website, hereinafter designated as “User/Customer”.

The parties agree that their relationship shall be exclusively governed by the general conditions described. The Terms and General Sales Conditions are fully available on the website, where they can be viewed by the User/Customer.

Therefore, any order implies prior consultation and explicit acceptance of these Terms and Conditions, without exception, as well as of the payment methods and charges for handling and delivery. The website CAUNY is in compliance with the current practices and uses for the e-commerce sector.

 

 

I – CUSTOMER

To place orders, the customer must proceed previously to a registration on the website www.cauny.com, by fill in a form provided for this purpose.

This registration as a user of the website presupposes full knowledge of these Terms and Conditions, which the User/Consumer expressly accepts.

The veracity and accuracy of the personal information made available and registered by the User/Customer are of his/hers entire responsibility and OURTIME - RELÓGIOS E ACESSÓRIOS, LDA. cannot be held liable for any problems stemming from unreliable or insufficient information, namely the inability to deliver orders.

The Users/Customers are fully responsible to keep their data duly updated, as well as address information on the website.

 

 

II – PRODUCTS

The products on sale are those displayed on the website the moment the User/Customer places the order, subject to available stock. CAUNY reserves the right to adjust prices, add costs and change product selection and related information without prior notice.

OURTIME - RELÓGIOS E ACESSÓRIOS, LDA. will include as much information about the products listed on the website as possible (photos, description, materials, colours, etc.), so that the User/Customer can make educated purchases.

Nevertheless, there might be occasional, non-substantial mistakes that can be clarified either by the company or the User/Customer. CAUNY cannot guarantee that all product images accurately reflect their true appearance, so all product images should be seen as illustrations. Product images may differ depending on the colour settings of your computer. The User/Customer must take into consideration the products characteristics and descriptions.

 

 

III – ORDERS

To place an order on the website, the User/Customer must complete the different purchase and validation stages, which includes accepting the Terms and Conditions in their entirety. By finalizing and placing the order the User/Customer will be tacitly and fully accepting the general purchasing terms and conditions, prices and the descriptions of the products being purchased. These general purchasing terms are considered to be the only applicable agreement between the parties.

After placing an order, the User/ Customer will receive a confirmation email. It is important the User/Customer inserts the correct email address. We recommend that you save this email to facilitate any contact you may make in the future with customer care.

OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.  reserves the right to refuse an order, if, by any reason, there are grounds to believe the order cannot be fulfilled securely and effectively for both parties.

Customer invoices will be available on the website’s MY ACCOUNT tab menu item, which the User/Customer expressly accepts.

 

 

IV – PRICES/TERMS AND CONDITIONS/ PAYMENT

All prices shown on CAUNY 's website, www.cauny.com, include VAT according to applicable legislation. If an order is sent to an address outside the EU, please note that VAT will be withdrawn in the box or before, depending on the destination country of the item. Please note that if an order is sent to an address outside the EU, the customer may be subject to import duties and taxes, which will be charged when the order arrives at the delivery address. Payment of these import duties and taxes will be the responsibility of the customer. It should be noted that OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.  has no control over these costs, and since these vary from country to country, OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.  cannot predict its value. OURTIME - RELÓGIOS E ACESSÓRIOS, LDA. advises the customer to contact the local customs for more information.

OURTIME - RELÓGIOS E ACESSÓRIOS, LDA. reserves the right, at its own discretion, to change its product’s prices at any time, without further notice.

The price of any purchase made is valid for the day on which the order is made and duly paid, unless exceptional circumstances occurred.

Products are billed at the prices listed on the website at the time of purchase. You can choose to pay with Visa, Mastercard, MB WAY or ATM reference. In order to complete an order, the User/Client must supply a bankcard number, explicitly consenting and giving OURTIME - RELÓGIOS E ACESSÓRIOS, LDA. permission to charge the amount corresponding to the transaction to his/her bank account. The personal data supplied by the User/Customer, make proof of the order and all other previous transactions.

All products remain the property of CAUNY until full payment is made.

 

 

V – DELIVERY

OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.  ships its products worldwide. The deliveries are made in collaboration with the postal services and their partners. Goods will be delivered on the address provided by the User/Customer when ordering. The personal data provided by the User/ Customer should be as clear and accurate as possible, so as to ensure the goods are delivered in good time.

Within 14 days of receipt of the product, the User/Customer has the right to cancel orders, return items received and ask for reimbursement by contacting OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.  by filling the CONTACT US Form. This right shall apply only when the product and its original packaging are returned under the same conditions as received. Return shipping costs within Europe are paid by OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.. If the customer lives outside Europe or in a geographical area where the national postal service does not offer returns, you will have to support the shipping costs. If an item is damaged during transportation, OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.  should be contacted within 14 days for information about compensation. Please consult our Return and Refund Policy.

In case the User/ Customer believes that the delivery is so late that he/she no longer intends to receive the order, he/she will be responsible for cancelling it. If the order has been sent already, the customer will be obliged to receive it. The cancellation is only valid after the customer has confirmed it to OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.  by email or telephone contact.

If you wish to cancel your order, please contact us by filling the CONTACT US Form.

In case we are unable to process the cancellation request immediately, usually because the package has already been shipped, we will contact our carrier to request the return of the package to our warehouse. We will only be able to process the cancellation when the package is returned to our warehouse.

If an item has been discontinued, OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.  has the right to cancel the purchase and reimburse the Client/Customer for the amount paid. OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.  will notify the customer of replacement or equivalent items, if available.

Orders placed on behalf of third parties, without their authorization, will be reported to the authorities.

OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.  reserves the right to change prices and correct incorrect prices on all orders, as well as final sales. If a price is incorrect, OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.  may be forced to cancel the order and refund any amount paid in the best way possible. This operation can be performed at any time.

 

 

VI – RETURNS AND REFUNDS

Upon delivery, customers have 14 calendar days to return a product. In order to exercise that right, they must fill  the CONTACT US Form. Any returns will only be accepted if the product is in its original package and state, with no signs of having been worn or damaged.

Return shipping costs within Europe are paid by OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.. If the customer lives Outside Europe or in a geographical area where the national postal service does not offer returns, you will have to support the shipping costs. In order to return the product, customers should follow the instructions listed on the website.

If the returned product is somehow faulty, damaged, or different from the model ordered by the User/Customer, all return expenses will be covered by OURTIME - RELÓGIOS E ACESSÓRIOS, LDA. It should be noted that if the User/Client does not comply or agree with these Terms and Conditions, including the returns and exchanges policies listed above, OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.  will not reimburse them.

The products returned will be analyzed and verified by OURTIME - RELÓGIOS E ACESSÓRIOS, LDA., namely in terms of their condition. Therefore, OURTIME - RELÓGIOS E ACESSÓRIOS, LDA. do not accept exchanges or returns of products that show signs of use or misuse. In these cases, the amount paid will not be refunded to the User/Consumer.

 

 

VII – CLAIMS

It is important that Users/Customers carefully check their products when they receive their order, to confirm that they are correct and are not damaged. If the item is damaged during transport, whether the damage is visible or hidden, the Users/Customers must inform the carrier as soon as possible. If the Users/Customers receive an item and realize that it is damaged or does not match what was ordered, they should contact OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.  within 14 days of receipt of the item.

Any complaints should be made to our Customer Service, through the CONTACT US Form. We will contact you shortly. The same applies to returns. Defective items returned to OURTIME - RELÓGIOS E ACESSÓRIOS, LDA should be treated as having no defect. In all types of returns, it is extremely important that the item is packaged so as not to be damaged during transportation. OURTIME - RELÓGIOS E ACESSÓRIOS, LDA reserves the right to replace defective items with items of the same model. If the item has been discontinued, the User/Customer will receive the full refund. In the event that an item returned is free of defects, OURTIME - RELÓGIOS E ACESSÓRIOS, LDA will ship it back to the User/Customer.

 

 

VIII – WARRANTY

Warranty term: Two years from date of purchase. This warranty covers manufacturing defects in the watch itself (movement, case, glass). Other parts than those mentioned above are not covered by this warranty. If you wish to replace under this warranty, use our TICKET SUPPORT form . In the message, you must indicate your name, address, order number and a detailed description of the problem.

If CAUNY does not find any of the defects described above, the item will be returned to the customer.

Please note that repairs / replacements will be charged in the following cases, even within the warranty period:

- Failure or damage caused by improper use or neglect (knocks, dents, crushing, broken glass, etc.)

- Failure or damage caused by unjustifiable modifications or repairs

- Failure or damage caused by fire or water, or by a natural disaster, such as for example an earthquake

- Aesthetic changes occurring during normal wear and tear (small scratches, etc. on the case and / or on the glass, changing the colour of the watch strap and debarking the bath)

- If the store and date of purchase are not indicated in the warranty, or if this information has been changed

- If the warranty card does not ship with the watch.

- Replacement of the battery will be charged even within the warranty period

The case, dial, hands, glass, watch strap or other relative parts may be replaced with replacement parts if the originals are not available.

This warranty ensures that the User/Customer may receive free replacements in accordance with the terms defined in the TERMS & CONDITIONS and within the specified term, and shall not restrict any legal right of the customer.

 

 

IX – ASSURANCE AND RESPONSIBILITY

OURTIME - RELÓGIOS E ACESSÓRIOS, LDA shall be exonerated from any liability for damages and other contractual penalties where performance of the contract is prevented, avoided or delayed by circumstances beyond its control. Government intervention, new / altered legislation, non-compliance with the state, war, fire, flood, labour disturbance, prohibitions, restrictions, sabotage, poor transportation, weather conditions or lack of delivery by suppliers should be included as exoneration factors and the if the company is subject to criminal actions that affect its activities.

OURTIME - RELÓGIOS E ACESSÓRIOS, LDA 's liability for delivery errors is limited to existing conditions of sale. OURTIME - RELÓGIOS E ACESSÓRIOS, LDA assumes no direct or indirect responsibility for, for instance, incompatibility, delivery delays, production interruptions, extraordinary work or other economic loss.

If order data are lost and we are unable to process your order, OURTIME - RELÓGIOS E ACESSÓRIOS, LDA. will contact you by the e-mail appointed. Please note that OURTIME - RELÓGIOS E ACESSÓRIOS, LDA. assumes no direct or indirect responsibility in case the missing information is not provided by the User/ Customer.

 

 

X – PERSONAL DATA AND COOKIES

Our privacy statement

The CAUNY brand operates on the basis of trust and transparency. As a result, and because your privacy and safety are a priority, we have adopted strict and transparent privacy policies that assure your personal data remains confidential and safe.

In compliance with the provisions of the General Data Protection Regulation (EU regulation 2016/679, our Privacy Policy clearly states how your personal data is handled by addressing the following questions:

- Who is responsible for collecting your data?

- How is your data processed?

- What for?

- For how long?

We are very transparent in the way we handle your personal data, so we can provide you with the best service and offers. We want you to feel confident that your personal data is safe with us, as we are committed to protecting your privacy by following state of the art safety practices and procedures.

 

Who controls your personal data

OURTIME - RELÓGIOS E ACESSÓRIOS, LDA., a limited liability company with registered office at Rua 3, Edifício Altejo Sala 406 - Urbanização Matinha 1950-326 Lisboa Portugal, with tax and commercial registration number 508409314, registered at the Commercial Registry Office of Lisbon, contact number 218 626 070, e-mail address: info@ourtime.pt, is the entity responsible for processing your personal data (data controller) as determined by EU Regulation 2016/679, as well as by additional legislation regarding personal data protection in countries where the company operates.

OURTIME - RELÓGIOS E ACESSÓRIOS, LDA. and its staff will only use your data for previously agreed on purposes. In addition, all data will be handled safely and responsibly.

 

What data is collected

The term “Personal Data” as used in this Privacy Policy refers to the information that relates to you and allows us to directly or indirectly identify you.

Your personal data may include, for example, your name, contacts and your interactions with us. We collect personal data when, for example, you visit our website or contact us.

In order to send you information regarding our marketing campaigns, OURTIME - RELÓGIOS E ACESSÓRIOS, LDA. will ask you for the following data:

- Name

- Telephone number (home/cell)

- E-mail address

- Address/ City/ Country

- Age/ Age Group

- Gender

 

Type of data

When you register in our website and subscribe to our newsletter, we will collect and process your user’s ID data – name, telephone, email address, country and age.

 

What are the legal grounds for collecting and processing your Personal Data

As your personal data is required for marketing purposes and so that we can send you our newsletters,  emails and product alerts, the legal ground for handling your data is your consent.

 

How and why we use your personal data

We use your personal data for the following reasons:

Marketing – to keep you updated and informed about any new items and products that might interest you;

Sales – to send you products you have purchased based on your online orders, or interest shown in your visit to the site, available products, and your requirements.

 

How we keep your personal data safe

In order to protect your personal data, we have put in place a variety of security measures that help us safeguard the information you provide. These measures are in line with the best national and international practices and include technological control and technical and physical measures and procedures, preventing misuse, unauthorised access and disclosure, data loss, improper or unwarranted changes and the unauthorised destruction.

In addition to these measures, our company also assures:

- Restricted access to your personal data – access to your data will be strictly restricted to people who need to access them for the purposes outlined above; - Secure data storage and transfer;

- Protection of Information Systems – through the use of safety devices that prevent unauthorized access to your personal data;

- Implementation of procedures that safeguard the integrity and quality of your personal data;

- Continuous monitoring of the IT systems, as to prevent, detect or avoid the unauthorized use of your personal data;

- Redundancy of storage, processing and communication devices, as to avoid data loss.

 

How long we store your personal data

We will only retain your personal data for as long as necessary to serve the purposes we collected it for or to fulfil legal requirements.

Data stored for Marketing purposes will be retained for two year following the last interaction.

Once the maximum storage period is reached, your personal data will be made anonymous or destroyed/ deleted safely.

 

Who we can share your personal data with

In some cases, we may share your personal data with third-party service providers. These providers are required to implement appropriate safety measures, making sure your data is secure. We may share your personal data with:

- IT services;

- Marketing services;

- Consulting services (in different business areas);

 

How you can exercise your Personal Data Protection Rights

- The right to be informed – ask for additional information about how we use your personal data;

- Request access to the personal data you provided;

- The right to data portability – you can access or reuse your personal data across different services;

- The right to rectification - you can rectify or update your personal data;

- The right to erasure – You can ask for your personal data to be erased under existing legislation);

- The right to restrict processing - you can limit the way we process your personal data, whenever we are rectifying or clear up any questions regarding the content and/or use;

- The right to object – we have made available a field in which you can dispute decisions made regarding your personal data;

- The right to withdraw or change your consent at any time.

The Users/Customers accepts that their data will be collected and processed by OURTIME - RELÓGIOS E ACESSÓRIOS, LDA. for the purposes abovementioned.

To exercise your personal data protection rights or if you have any questions about how your data is being processed you can contact us by filling the CONTACT US Form.

You may also file a complaint with the Portuguese National Data Protection Commission: CNPD - Av. D. Carlos I, n.º 134, 1.º, 1200-651 Lisbon, Phone: +351 213928400, Fax: +351 213976832, email: geral@cnpd.pt

 

Cookies

OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.uses cookies in its website, so has to improve its performance and your browsing experience by increasing speed and efficiency. The use of cookies also eliminates the need for you to repeat your preferences and other information.

Using cookies is also helpful in the way it helps sites remember your devices, improving overall performance.

The cookies used by OURTIME - RELÓGIOS E ACESSÓRIOS, LDA. on its website do not collect any personal identifiable or sensitive information. They only store generic information, such as Customer location, the country from which the site is being accessed, and how it is being used, among others. Cookies only store information relating to Customer/ User Preferences.

 

Updating the current Privacy Policy

Our Privacy Policy may be altered and/or updated at any time. Any changes will be published on this website.

 

 

XI – USER CONTENTS

The www.cauny.com website may contain user-generated content from, for example, social networking applications. OURTIME - RELÓGIOS E ACESSÓRIOS, LDA. does not claim any rights to these contents (images, photographs and videos, etc.) and does not assume any legal responsibility for them. In the event that the customer suspects a copyright infringement, or any other right, or otherwise be offended by such content, you should contact our customer service.

 

 

XII – INTELLECTUAL PROPERTY

All components, such as graphics, sound and technology embedded into the www.cauny.com website are protected by copyright, trademarks and patents. They are the sole property of OURTIME - RELÓGIOS E ACESSÓRIOS, LDA.

 

 

XIII – APPLICABLE LAW AND JURISDICTION

All questions regarding to the application or interpretation of theseTerms and Conditions are regulated by Portuguese Law, as well as any dispute arising from interpretation, validity or breach of the contract are subject to the competent Portuguese courts.

To such disputes will be applicable the Portuguese Law, with express waiver to another.

Also, without prejudice to the right to submit the dispute to the appreciation and decision of a Portuguese court, you may submit the dispute to one of the Alternative Dispute Resolution Entities listed on the consumer portal, on the website www.consumidor.pt, or to one of the Resolution of Consumer Disputes described on the website https://webgate.ec.europa.eu/odr.

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