1. PURPOSE

These Terms & Conditions (together with the Privacy and Cookies Policy) establish the conditions that determine the use of this website and regulate the conditions of the process of purchasing products therein, being accessible at all times on the website.

A PEKAN JEWELERY invites you to carefully read the contents of the Terms & Conditions, the Privacy and Cookies Policy before using the website.

To place an order on website must be at least 18 (eighteen) years old, or, if underage, authorization from their parents or legal representatives to contract under the legal terms. when you use this website declares that it meets these conditions.

These Terms & Conditions may be changed at any time, and in this situation, we will publish on the website an updated version. The use of website as well as the fulfillment of any order, after PEKAN JEWELERY having published a new version of the Terms & Conditions, will be subject to the version of the Terms & Conditions in force, which must be expressly accepted prior to the submission of the order.

 The following Terms & Conditions govern the sale of the products presented on the website by the Company:

Sensitive Personal Data: Pekan - Jewelery & Fashion, Lda
Company Tax Code: 507692594 mm
Address: Avenida Comendador Ferreira de Matos 401 7th Floor 4450-124 Matosinhos
Contact phone: +351 22 016 7625

 By registering on Web site, must ensure that the mandatory information provided is correct and complete. We request that you inform PEKAN JEWELERY about changes in your identification data, namely, postal address, email address, and other contact data, updating, without delay, your personal details in the website.

O website allows you to make a purchase through the “Buy as a Guest” functionality, and it is not necessary to register for this purpose. In any case, you must ensure that the mandatory information provided is correct and complete. Only the personal data strictly necessary to carry out your request are requested, which will only be used for this purpose.

When using the Web site, undertakes not to make false or fraudulent orders, and PEKAN JEWELERY, if you consider that an order of this nature has been placed, cancel it and inform the competent authorities.

2. CONTRACT AGREEMENT

To place an order for one or more products available on website, must comply with the following procedures:

• Choose the product in website da PEKAN JEWELERY;
• Add the product to the “Basket”;
• Afterwards, click on “Buy”;
• You can proceed with the Purchase as a Guest (“Buy as a Guest”) or by creating an account (“New Customer”) or, if you already have an account, by logging in with your email address and password, or accessing via from Facebook or Google.

3. AVAILABILITY OF PRODUCTS

All product orders will be subject to their availability. In this sense, if there is any difficulty regarding the supply of products or if there are no products in stock, PEKAN JEWELERY will inform you of the unavailability and refund the amount eventually paid, within a maximum period of 30 (thirty) days.

If you purchased the product through assisted sales in a physical store, for which payment was made in cash at the store counter and that product is not available, our customer service will contact you to ask for your IBAN , in order to reimburse you by bank transfer. You will not incur any costs as a result of the refund. 

4. PRICES, SHIPPING COSTS AND PROMOTIONAL CODES

The prices paid for the products you order are those shown in this website, on the date the order is placed, including VAT at the statutory rate at the registered office PEKAN JEWELERY in force, but excluding shipping costs that will add to the value of the order placed.

Prices are displayed in the currency of the selected country depending on the geographic location of your IP address.

However, you can, at any time, enter the website of PEKAN JEWELERY from another geographic location, by typing the respective address directly into the browser.

Please note that when changing the country, prices and shipping costs may change, with the prices of the selected country now in effect.

Shipping costs will be debited according to the values ​​indicated in the website, calculated in particular depending on the selected shipping method.

You will always be informed, clearly and concisely, before finalizing the order, about the total price of the product, which includes the price, all fees and taxes, additional transport charges, shipping costs or any other costs that may exist.

A PEKAN JEWELERY reserves the right to change product prices and shipping costs at any time, not affecting, however, orders for which the Order has already been completed.

Promotional codes are codes or coded words such as “Discount Coupon” that, for example, may provide you with discounts on certain products, on your entire order, or may represent an offer for shipping costs. Promotional codes only relate to purchases made on the website da PEKAN JEWELERY and can only be used in the country where the purchase was made.

In order to take advantage of the promotional codes, you must make sure that you enter the code in the appropriate space when making the payment. If you do not apply the promotional code at that time, you will not be able to use the promotional code for that purchase, without prejudice to being able to use it in a subsequent order, subject, of course, to the conditions of use of each promotional code.

5. PAYMENT

Payments can be made using Visa, Mastercard, Maestro, Paypal, Multibanco reference or MB WAY.

In the case of online sales assisted by an employee in a physical store, payment can be made through “pay by link” or at the store counter.

All orders are processed in the local currency of the respective country of purchase. If your bank account is in another currency, the exchange rate used to debit your account will be automatically determined by the Bank/Paypal and not by PEKAN JEWELERY.

- Visa, Mastercard, Maestro cards

In order to reduce the risks of unauthorized access, your credit card data will be encrypted through SSL (Secure Socket Layer) protocol and verified by Digicert, as further explained in the Privacy Policy.

If the payment is made using a credit card, a pre-authorization will be made to ensure that you have sufficient funds to complete the transaction.

 After selecting the credit payment option, you must enter the necessary data from your credit card, namely, the name of the cardholder, the type of credit card, the number, validity and security code of the card and, subsequently, , click on “Confirm Payment”. The debit on the card is carried out within a period that can vary up to 48 hours after completing the order.

- Paypal

Paypal payment is a secure method used worldwide.

 If the payment is made via Paypal, the debit will be done after clicking on “Confirm Payment”. 

- ATM

ATM payments can be made through the ATM network or through your Homebanking.

When finalizing your order, an ATM reference will be generated. The reference and order number will immediately appear on your screen. You will also receive the reference for payment in the email you have registered in the order.

To make the payment at an ATM, you must select the option "Payment for Services/Purchases" and insert the corresponding entity, reference and amount.

You must make the payment within a maximum period of 72 hours after receiving the Multibanco reference provided to you by email. As soon as payment for the purchased product is received, Parfois sends you an email called “Parfois – Order Confirmation.

The order will be automatically canceled if payment is not made within the said 72-hour period.

- MB WAY

MB WAY is SIBS's digital solution to simplify your payments. When selecting the MB WAY payment method, you will be asked for your mobile phone number as a mandatory field - without entering the country code, i.e. only the 9 digits of your number - and after confirming the payment, you must approve it in the app, choosing the card you want to pay with and introducing the MB WAY PIN. 

6. DELIVERY

The products featured in website are only available for delivery in mainland Portugal and in the Madeira and Azores archipelagos. Shipments are not made to post office boxes.

All orders will be delivered to the address you specified for delivery when placing your order.

Orders will only be sent after confirmation of stock availability and confirmation of payment, being shipped by partner companies of PEKAN JEWELERY, namely CTT, DPD, MOOVE and MRW who will handle the delivery of your order through the respective offices closest to your geographical location. You can obtain more information about these companies by consulting the following links: http://www.ctt.pt, https://dpd.pt/, https://moovelogistica.pt/, https://www.mrw.pt/.

During the period of promotions or special campaigns, the store delivery method may be temporarily unavailable.

When placing the order, we will ask you to choose the shipping method you want. The final value of your order will always indicate, clearly and precisely, the amount paid for shipping costs.

If you intend to receive your order at an authorized store, you must collect it within a maximum period of 30 days from the receipt of an email/SMS informing you of its availability for collection. If you have selected a PickUp Point, the deadline for picking up an order is 5 working days. If the order is not picked up at the store or at the selected PickUp Point within that period, the PEKAN JEWELERY will proceed with the collection and refund of the amount paid, deducting any costs incurred in sending the order, as well as expenses related to the storage of the products.

A PEKAN JEWELERY will use its best efforts to deliver the order within an average period of around 3 weeks for mainland Portugal, the Azores and Madeira, or in the case of payment via Multibanco, from the day following receipt of payment for the product purchased, and within the delivery times of the transport company. During periods of sales, promotions and special campaigns, shipments may experience occasional delays.

Orders will only be shipped on working days.

It should be noted, however, that there may be reasons, such as circumstances beyond the control of PEKAN JEWELERY namely facts that constitute “Force Majeure” under Point 17 that make it impossible to deliver the order on the scheduled date.

Being the PEKAN JEWELERY unable to meet the delivery deadline for the order, it will inform you about this situation, giving you the option to continue with the purchase, setting a new delivery date, or cancel the order, with full refund of the amounts paid, within a maximum period of 30 (thirty) days from the date of knowledge of the unavailability.

7. IMPOSSIBILITY OF DELIVERY

If it is impossible to deliver your order for a reason not attributable to PEKAN JEWELERY or the carrier, a notice will be left for picking up the order at one of the CTT counters or you will be contacted, at the email address or telephone number provided, to reschedule the delivery of the order.

In situations where the transport of your order is carried out by DPD, MOOVE or MRW, if you are not at the delivery location at the agreed time, you should contact the carrier in order to schedule, when possible, a new date.

8. RIGHT OF FREE RESOLUTION

If, for any reason, you wish to return a product, you can do so freely, without any penalty and without the need for justification, within a period of 14 (fourteen) days from the day following the day on which the PEKAN JEWELERY delivered to you directly or to a third party indicated by you, other than the carrier, the order. Exchanges, returns or cancellation of orders for personalized items will not be accepted according to the consumer's specifications.

In order to exercise your right to withdraw from the contract, you must notify the PEKAN JEWELERY this intention by means of an unequivocal declaration of termination of the contract, being able to use one of the following contacts:

- Address:

Av. Comendador Ferreira de Matos 401, 4450-124 Matosinhos, Portugal

- Phone: +351 22 016 7625

- E-mail: info@pekanjewelry.com;

If you choose to submit the free termination form model electronically or any other unequivocal statement of termination via the website or by email or telephone, the PEKAN JEWELLER will send you, without delay and within a maximum period of 24 hours, in a durable medium (for example by email) an acknowledgment of receipt of the declaration of termination of the contract.

The return of the order can be made:

• By mail to:

Av. Comendador Ferreira de Matos 401, 4450-124 Matosinhos, Portugal

- Phone: +351 22 016 7625

- E-mail: info@pekanjewelery.com.

In any case, the return of the order must be made within a maximum period of 14 (fourteen) days from the date on which you communicated to PEKAN JEWELLER your decision to terminate the contract.

Send your order to the following address: Av. Comendador Ferreira de Matos 401, 4450-124 Matosinhos, Portugal. THE Pekan Jewellery does not bear the cost of return shipping and is not responsible for any loss or damage caused by shipping. 

A PEKAN JEWELLER refund the amount referring to the returned product, without undue delay, and within a maximum period of 14 (fourteen) days from the date on which the PEKAN JEWELLER was informed of its decision to terminate the contract, without prejudice to the right to PEKAN JEWELLER to withhold the refund until you have received the returned goods, or until you provide proof of their return, whichever occurs first.

A PEKAN JEWELLER makes refunds using the same payment method used in the initial transaction, however, if you wish, you can opt for a refund by assigning gift vouchers. In case the payment was made by Multibanco reference, the refund will be made, by bank transfer, to the IBAN that you indicate to us for the purpose. In none of these situations will you incur any costs as a result of the refund.

A PEKAN JEWELLER may cancel any order or not accept a confirmed order in the event of a technical error and/or an error in prices or in any information on the products found on the website when placing the order. THE PEKAN JEWELLER will fully refund the amounts paid.

9. EXCHANGES and RETURNS

Product exchanges can be carried out in person at stores PEKAN JEWELLER duly identified in the website pekan from the moment the PEKAN JEWELLER deliver the product to you directly or to a third party appointed by you. Exchanges or returns of personalized items will not be accepted according to the consumer's specifications.

You must keep and present, when exchanging the product, the purchase invoice and you must keep the product in order to be able to return it in the proper conditions of use, also containing the label, not exceeding the manipulation that is usually accepted in a commercial establishment, undamaged and in original packaging.

Perfume returns will only be accepted if the original sealed package is kept.

Returns of goods purchased online with the assistance of an employee in the physical store, using a mobile device, for which payment is made at the counter, must be made in the physical store. 

10 FORCE MAJEURE

A PEKAN JEWELLER will make all reasonable efforts to fulfill its obligations.

However, it cannot be held liable for non-compliance or delay in fulfilling any of the obligations assumed by it, whose cause is due to events that are beyond its control (“Force Majeure”).

Force Majeure shall mean any unforeseeable and/or irresistible facts, act, event, event, failure, omission or accident or any other events external to our will and beyond our control, including, but not limited to, the following:

1. General strike, or other forms of protest;
2. State of siege or emergency, public nuisance, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war;
3. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster;
4. Inability to use trains, boats, aircraft, motor transport or other means of transport, public or private;
5. Inability to use public or private telecommunications systems;
6. Decisions, decrees, laws, regulations or other normative instruments or decisions of any government or public authority.

The obligations of the PEKAN JEWELLER derived from the Contracts are suspended during the period in which the Force Majeure Reasons are verified, benefiting the PEKAN JEWELLER of an extension of the term to fulfill such obligations, for a period of time equal to the duration of the Force Majeure reasons.

A PEKAN JEWELLER will use all reasonable means to put an end to the Force Majeure reasons or to find a solution that allows it to fulfill its obligations under the Contract, despite the Force Majeure reasons.

19. LINKS FROM THE WEBSITE

Links to other websites or/or materials from third parties referred to in the website are provided solely to obtain information, not having the PEKAN JEWELLER any control over the content of these websites or materials, therefore, it cannot be held responsible for any damages or losses arising from the use of them.

20. APPLICABLE LAW

All questions relating to the application or interpretation of these Terms & Conditions, as well as any dispute arising from the interpretation, validity or breach of contract entered into between the parties, are subject to the competent Portuguese courts.

Portuguese law shall apply to such disputes, with express waiver of the other.

21. DISPUTE RESOLUTION

If you are dissatisfied with the purchase of the product or with the service provided in website da PEKAN JEWELLER , you may also, without prejudice to the right to submit the dispute to the appreciation and decision of a judicial court, resort to one of the Alternative Dispute Resolution Entities listed on the consumer portal, on the website www.consumidor.pt, or Resolution of Online Consumer Disputes identified on the website https://webgate.ec.europa.eu/odr.

The currently existing alternative resolution entities for consumer disputes are the following:

(i) Lisbon Consumer Dispute Arbitration Center: http://www.centroarbitragemlisboa.pt/

(ii) Vale do Ave Conflict Arbitration Center / Arbitration Court: https://www.triave.pt/

(iii) CIAB - Consumer Information, Mediation and Arbitration Center / Consumer Arbitration Court: http://www.ciab.pt/pt/noticias/itinerancia-da-exposicao-comemorativa-do-20-aniversario-do-ciab-31

(iv) CNIACC - National Consumer Dispute Information and Arbitration Center: http://www.arbitragemdeconsumo.org/

(v) Coimbra District Consumer Dispute Arbitration Center: http://www.centrodearbitragemdecoimbra.com/

(vi) Center for Information, Mediation and Arbitration of Consumer Disputes in the Algarve: http://www.consumidoronline.pt/pt/

(vii) Porto Consumer Information and Arbitration Center: http://www.cicap.pt/

(viii) Madeira Consumer Dispute Arbitration Center: http://www.srrh.gov-madeira.pt/In%C3%ADcio/tabid/292/Default.aspx

(ix) Arbitration Center of the Autonomous University of Lisbon: http://arbitragem.autonoma.pt/