TERMS AND CONDITIONS
https://www.caetanajewelry.com
OBJECT
This document (hereinafter simply “Terms and Conditions”) regulates the general terms and conditions of use of the website you have just accessed, owned by Renata Neves Caetano, as well as the terms and conditions of purchase and sale of products sold through the respective online store, from now on simply referred to as website and online store.
INTRODUCTORY PROVISIONS
- Identification of the website owner and product supplier:
- The owner of the website and supplier of the products sold in the online store is Renata Neves Caetano, with address at Rua Direita, nº 132 B, 3810-347 Aveiro, Portugal, with NIF 270236759, and holder of Activity Title T9472, hereinafter referred to as as “Caetana Jewelry”.
- User Information:
Email: info@caetanajewelry.com
Telephone: +351 912 969 715 (Call to national landline).
- Use of the website
- The use of the website, whether through simple navigation or through the establishment of a commercial relationship with Caetana Jewelry through its online store, gives you the status of User and implies acceptance, fully and without reservation, of all provisions included in these Terms and Conditions as well as in thePrivacy Policy, in force at each time you access the website.
- These Terms and Conditions are applicable to all Users of the website, including, without limitation, visitors, customers and others not specifically identified.
- The contractual proposal regarding the purchase and sale of products sold by Caetana Jewelry in the online store is aimed only at people of legal age with full capacity and who, therefore, can be responsible for the commitments resulting from the purchase and sale of products sold by Caetana Jewelry.
- If the User does not agree with these Terms and Conditions in their entirety, they should not access the website or the features and services associated with it, namely the online store. In particular, making any and all purchases through the online store depends on acceptance of these Terms and Conditions, so if the User does not accept them, they will not be able to make purchases through it.
- By accepting these Terms and Conditions, the User makes this acceptance on their personal behalf and/or the organization they represent (if applicable). When placing orders through our online store, the User declares that they are over 18 years old, guaranteeing that they have full legal capacity for the acts they perform and the necessary powers to carry out this acceptance. Furthermore, by accepting these Terms and Conditions, the User expressly declares that they will not use the website and the functionalities and services associated with its use, for any illegal and/or illicit purposes.
- Caetana Jewelry reserves the right to change these Terms and Conditions at any time and without prior notice, so the User must consult the Terms and Conditions before each use of the website and associated features and services, in particular, before each use of the online store.
- Without prejudice to the provisions of the previous paragraph, any changes to the Terms and Conditions subsequent to the confirmation of any order do not bind the User in relation to such order. The Terms and Conditions in force on the date of confirmation of each order will apply.
- Caetana Jewelry guarantees the security of the account within the security measures expected and appropriate for platforms such as the website and its online store.
- Caetana Jewelry is not responsible for losses resulting from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to Users.
- Under no circumstances may Caetana Jewelry and/or its representatives and employees be held responsible for any damages that may arise, even accidentally, from the malfunctioning of the website, in any capacity and for whatever period of time such malfunctioning continues, or for any damages caused by reproduction, use or exploitation.
- Violation of the provisions of these Terms and Conditions by the User constitutes grounds for termination by Caetana Jewelry. In any case, violation of the provisions of these Terms and Conditions by the User, regardless of whether it is resolved or not, always entitles Caetana Jewelry to be compensated for all resulting losses. Furthermore, Caetana Jewelry reserves the right to, at its discretion, terminate the use of the website and its functionalities and services by the User in question, with or without notification to the User.
- Customer Registration on the website
- Mere access to the website is not subject to registration. However, to take advantage of all the website's features and services, the User must register as a customer.
- Registration on the website is carried out by creating a User account, filling in the form with the requested data.
- However, if the User only wishes to make a purchase in the online store, without registering as a customer, he or she may only register as a guest – providing only his or her email address.
- The User is responsible for the veracity, completeness and legality of the data provided, either at the time of registration or for the purpose of making purchases in the online store, as well as for updating them. Under these terms, the User will be solely and exclusively responsible for any false or inaccurate statements made and, consequently, for compensating Caetana Jewelry for all losses that it suffers as a result of non-compliance with this provision.
- All content entered into the User's account, as well as all activity that takes place therein, are the responsibility of the User, and there is no obligation on the part of Caetana Jewelry to monitor the content or (non)compliance with any of the User's responsibilities, namely compliance with obligations towards other Users or towards national authorities.
- Caetana Jewelry does not have access to or knowledge of the password defined by the User for the purpose of accessing the website, and the User is responsible for ensuring the confidentiality of the password and guaranteeing its safekeeping and good use, as well as complying with good practices relating to the security of your account (in particular, changing your password regularly and avoiding connections via networks open to the public). As such, Caetana Jewelry cannot be held responsible for losses arising from the loss or misuse of the password defined by the User.
PRODUCTS
- Product Characteristics
- The website offers a wide range of products for purchase through the online store.
- All of these products are illustrated with photographs and indicate their essential characteristics and are available, without distinction, for purchase by Consumers or Professionals.
- Caetana Jewelry has made every effort to ensure that the information presented on the website and in its online store is free from typographical errors and, whenever these occur, Caetana Jewelry will correct them as soon as possible. Likewise, Caetana Jewelry will make its best efforts to keep the information relating to the products contained on the website and in its online store up to date.
- At any time, Caetana Jewelry may change, delete or move any information on the website and in its online store, without the need for prior notice, particularly information relating to products, prices, promotions, offers, commercial conditions and services.
- The User hereby expressly accepts and agrees with the following:
- The photographs presented on the website are for illustrative purposes only, and the User must carefully and fully read the information on the essential characteristics of the products that are described on the website. If in doubt, contact Caetana Jewelry in order to obtain any additional information;
- All products for sale on the website are subject to existing stock, without prejudice to Caetana Jewelry's efforts to present updated information regarding product availability;
- Caetana Jewelry will not assume responsibility for any discontinued items;
- The prices and products available on the website are only valid for commercial transactions carried out through the online store.
- Caetana Jewelry is not responsible for any consequences resulting from failure to consult product information and instructions for use or any other warnings provided.
- The User may, in case of doubt about the authenticity of the brands, use the services of Assay Offices for verification purposes.
- Under subparagraph a) of no. 1 of article 63 of the RJOC law (Law no. 98/2015 of 18 August), we inform that the daily prices of gold, silver, platinum and palladium can be consultedhereor by connecting toBanco de Portugal website.
- The hallmark guarantees the species and feel of the precious metal of articles with precious metals, duly hallmarked. In compliance with paragraph b) of paragraph 1 of article 63 of the RJOC, theofficial model hallmark chart,issued by INCM.
- We provideHere is the list of appraisers of articles with precious metals and gemological materialsregistered, managed and organized by INCM, and the Customer may choose to request an evaluation before purchasing or selling the Product.
- Total price of products
- The price of each product sold by Caetana Jewelry is duly indicated on the website, in Euros, including VAT at the legal rate in force.
- The price of each product sold by Caetana Jewelry and indicated on the website does not include product transportation costs.for delivery to the User, costs that vary depending on the desired delivery method and which can be consulted in point 6.2.4.
- The transport costs of the products and, where applicable, the products exempt from transport costs, will be presented to theUser at the time immediately prior to the Order Confirmation by the User.
- Although Caetana Jewelry tries to ensure that all prices shown on the website are correct, errors may occur. If Caetana Jewelry detects an error in the price of any of the products that the User has ordered, it will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel it. If Caetana Jewelry is unable, for any reason, to contact the User, the order will then be canceled and the amount already paid will be fully refunded.
- The price of products is subject to change by Caetana Jewelry, without prior notice, until the moment the User confirms the Order.
- Buying and selling products – procedure and negotiation conditions
- Selection of products to include in the shopping cart – Step 1
- The products that the User intends to purchase must be inserted in the shopping cart, indicating the number of units desired.
- Items for sale are subject to existing stock, and Caetana Jewelry is not obliged to sell any product that is not available in stock.
- Once the desired products have been selected, the User must select the “CHECKOUT” option, and then proceed to log in and create a new registration if they are not already registered.
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- Indication of data for billing, selection of payment method and Delivery Data – Step 2
- For the purpose of finalizing the order, the User must enter the requested personal data.
- The User must enter delivery and billing details. You must also select the respective delivery method:
CTT;
FEMAExpress Transport & Logistics.
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- The User will, at that moment, be informed of the price to be paid as shipping for their order, as well as the expected deadlines, in business days, for dispatch and delivery of the products to the User.
- After orders have been dispatched, a notification is sent to the User via email. If for any reason the customer does not receive shipping confirmation within a reasonable period of time, they must contact Caetana Jewelry.
- The User must then choose the payment method, with the following options available:
PAYSHOP;
MBWAY;
MULTIBANK
DEBIT CARD AND CREDIT CARD;
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- Before Confirming the Order, the User undertakes to check the data contained in their order summary, confirming the User data, the products selected in the shopping cart, the respective delivery method and payment method, and must return to the steps in order to proceed with the respective rectification if any non-compliance is detected.
- Before finalizing the order, the User must read the “Terms and Conditions”, inserting the agreement symbol in the available square, only if they accept them. Acceptance of the “Terms and Conditions” is an absolute requirement for the continuation of the operation. The User must immediately print and file the Terms and Conditions for future reference.
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- Order confirmation and contract formation – Step 3
- After completing the previous steps and reading and confirming acceptance of these Terms and Conditions and the Privacy Notice, the User will be able to finalize their order.
- When confirming the order, the User enters into a purchase and sale contract with Caetana Jewelry, expressing their full and complete acceptance of the description of the products included in the transaction, their respective prices and these Terms and Conditions, which contain the only provisions applicable between the User and Caetana Jewelry.
- After the User confirms the Order, they will receive an email confirming that their order has been received by Caetana Jewelry (Order Confirmation email). This email will contain a summary of information about the order placed, including the name/reference of the product, its total price, chosen shipping option and associated transport costs, as well as the payment method selected by the User and its deadline ( if you have not opted for automatic payment via Credit Card, for example). If any data is not correct, the User must immediately ask Caetana Jewelry to change it.
- Once the total price of the products has been paid, the invoice will be issued and sent to the email provided by the User. Once issued, the invoice cannot be reissued with changes.
- With the Order Confirmation by the User, accompanied by the subsequent full payment of the total price of the products, the purchase and sale contract for the products is formalized, its effectiveness being, however, dependent on the stock availability of the products, in accordance with the provisions in the following numbers.
- All product orders in the online store will be subject to stock availability. Caetana Jewelry is not obliged to supply products that are unavailable, therefore, if the ordered products are not available in stock, Caetana Jewelry will inform the User immediately upon becoming aware of this unavailability and will act in accordance with the provisions of the following numbers .
- If there is temporary unavailability of any of the products in stock, making it impossible to deliver them within the agreed deadlines, Caetana Jewelry will contact the User seeking to agree with them one of the following options:
- A new delivery deadline, and the order will only proceed after consent given by the User (via email),
- The supply of a product of equivalent quality and price, if any, and, also in this case, the order will only proceed after consent given by the User (via email), or
- Cancellation of the order for missing products, with the corresponding refund of the amounts paid by the User, within a maximum period of 30 (thirty) days after notification of the cancellation.
- Delivery of products and respective deadlines
- Once the purchase and sale contract has been formalized, full payment of the total price of the products has been made, and on condition that the purchased products are available, all in accordance with the terms set out in the previous clauses, Caetana Jewelry will send the products according to the delivery option selected by the User.
- Despite the expected deadlines, delays may occur for any of the following reasons, which are not attributable to Caetana Jewelry, and which therefore will not give the User any right to compensation:
- Delays on the part of the carrier;
- Difficulties in delivery to the recipient;
- Local holidays.
- The User must ensure that someone is present at the product delivery address on the date indicated by Caetana Jewelry.
- Caetana Jewelry declines any responsibility for any delay or impossibility of delivering the order, resulting from acts for which it is not responsible.
- The deadline for delivery of ordered products is 30 days, counting from the day following confirmation of payment of the total price of the products.
- For the purposes of these Terms and Conditions, a "delivery" is considered made or a product is considered "delivered" with the signature of the delivery receipt at the agreed address.
- Caetana Jewelry does not make exchanges. As such, in the event of a mistake by the User, he or she must return the product, applying, for this purpose, the provisions of the Right of Withdrawal clause, and then place a new order, with the products he or she wants.
PRODUCT WARRANTY
- Guarantee of product conformity
- Caetana Jewelry is responsible for any lack of conformity of products that exists at the time they are delivered to the User.
- The products do not comply with the purchase and sale contract when any of the following facts occur:
- When the products do not comply with the description made by Caetana Jewelry on its website or do not have the qualities that Caetana Jewelry has presented to the User as a sample or model;
- When the products are not suitable for the specific use for which the User intended them and of which they informed Caetana Jewelry when they entered into the contract and which they accepted;
- When the products are not suitable for the uses normally given to goods of the same type;
- When the products do not present the usual qualities and performance of goods of the same type and that the User can reasonably expect, taking into account the nature of the good and, possibly, public statements about its specific characteristics, made by Caetana Jewelry or the brand, particularly in advertising or labeling.
- Under Consumer Law, the general warranty period for products is 3 (three) years for new products, counting from the date of delivery of the products to the User.
- In sales to professionals, Caetana Jewelry is also responsible for any defect in the products that exists at the time they are delivered to the User, with the warranty period being 6 (six) months, counting from the date of delivery of the products to the User.
- Notwithstanding the provisions of the previous paragraphs, whenever perishable products are involved, their compliance will only be expected during their respective validity period.
- Exceptions to the provisions of the previous paragraphs are cases in which the products sold are sealed and cannot be returned for reasons of health protection or hygiene, when opened after delivery. In these situations, the right to freely terminate the contract is not applicable, and Caetana Jewelry reserves the right to refuse the return of products opened after delivery.
- Warranty Exclusions
- No lack of conformity or defects in products within the meaning of applicable law are considered to exist if, at the time the contract is concluded, the User is aware of such lack of conformity or defects or cannot reasonably ignore them.
- It is also not considered that there is a lack of conformity or defects in the products, which are the responsibility of Caetana Jewelry, the occurrence of defects or defects for which Caetana Jewelry is not responsible, particularly when they arise from the following situations:
- Failure to use and/or store products carefully, diligently and/or in accordance with the respective instructions;
- The use of products for a purpose other than that for which they were intended;
- Production of products according to customer requests and specific characteristics indicated (personalization);
- Normal use/consumption of products;
- Modification or alteration of products.
- Instructions for protecting your products:
- Gold and Silver: Gold and silver are soft metals that can wear out. Silver, in particular, may tarnish/oxidize over time, but this process will progress much more quickly if the silver comes into contact with agents such as perfume, chlorine, salt water, creams, sunscreens and makeup. This oxidation process depends on your routine care and is therefore not a manufacturing defect.
- Silver and Gold Mesh: The mesh on your bracelets and/or necklaces will, naturally over time, expand by 1-2 centimeters, and this is not considered a manufacturing defect.
- Opening Clasps: Never open clasps, for example bracelets, with tools that can force and/or damage the clasp.
- Losses: The loss of any item or part thereof is not covered by the warranty.
- Breakages: Pieces with glass, pendant beads with or without stones are materials subject to breakage and are not covered by the warranty.
- Oxidation: Oxidation disappears over time. This time depends on how your article is handled. The disappearance of oxidation can be caused by several factors: skin perspiration, chlorine, perfumes, creams, sunscreens, medications excreted through the skin, cleaning agents and silver polishing. Oxidation that disappears is considered normal wear and tear and is not a manufacturing defect.
- Leather and Fabric: Leather and fabric are natural materials that require protection and some care. Never use your leather or fabric item in water. It is normal for natural variations in tone to occur; these are merely natural characteristics of the leather or fabric.
- Stones, Pearls, Enamel and Wood: Prevent pieces with stones, pearls and enamel and wooden beads from being exposed to water, high temperatures or cleaning products. Wood wear is the result of natural wear and tear from using the piece and is not considered a manufacturing defect. Pearls and enamel can only be cleaned with a soft brush or cloth.
- Without prejudice to the instructions provided in the previous paragraph for the protection of products, the User acknowledges and agrees that other relevant instructions may be communicated by the manufacturer, be generally known or specific to certain products, and must be followed diligently to ensure safety and product integrity.
- Procedure
- If the purchased Product is not in conformity or suffers from a defect, the User must communicate the situation to Caetana Jewelry, presenting the respective invoice and description of the non-conformity, and the respective products must be delivered to Caetana Jewelry for evaluation.
- After receiving the products at Caetana Jewelry's facilities, the reported non-compliance will be checked. In case of lack of conformity under the responsibility of Caetana Jewelry, and given the type of products sold in our online store, the User is entitled, in this order, to one of the following options:
- Replacing the product with another with identical characteristics or replacing the product with another of the same value;
- Termination of the Contract.
- The costs of returning or collecting products under warranty will be borne by Caetana Jewelry whenever it is concluded that the non-conformity in question falls within the warranty period.
TERMINATION OF THE CONTRACT
- Right to free termination of the contract
- The provisions of this clause apply exclusively to sales made to final consumers, as defined in Law No. 24/96, of July 31, with subsequent amendments.
- The User has the right to freely terminate this contract within 14 calendar days, without needing to indicate any reason. The deadline for exercising the right of withdrawal expires within 14 days from:
- From the day on which the User or a third party indicated by the User (with the exception of the carrier), acquires physical possession of the product; or
- From the day on which the User or a third party, with the exception of the carrier, indicated by the User, acquires physical possession of the last product, in the case of several goods ordered by the User in a single order and delivered separately.
- The right of free resolution may be exercised by the User for all products purchased or just for some of the products included in an order.
- To this end, the User must complete the “Free resolution” model suggested below, or send a written and unequivocal communication of their decision to terminate, and may do so by registered letter to the address of Caetana Jewelry, located at Avenida General Humberto Delgado, nº 39 A, 2825-279 Costa da Caparica, Portugal, or by email to the Caetana Jewelry email address,info@caetanajewelry.com. If the User makes use of this last method, Caetana Jewelry will send the User, by email, an acknowledgment of receipt of the request for resolution, within 24 hours.
Form
FREE RESOLUTION FORM TEMPLATE
(YOU MUST ONLY COMPLETE AND RETURN THIS FORM IF YOU WANT TO TERMINATE THE CONTRACT)
Company name | Taxpayer | General Telephone | Fax:
Household: |Email
Client name:
Customer Address:
Customer telephone number:
Customer Email:
I hereby announce that I terminate our purchase and sale contract relating to:
Product:
Reference:
Order no.:
Ordered in ____/____/_____.
Received in ____/____/_____.
Consumer signature (only if this form is notified on paper):
________________________________________________________________________________________.
Local: ___________________. Date ____/____/_____.
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- For the resolution period to be respected, it is sufficient that the communication regarding the exercise of the free right of resolution is sent before the end of the resolution period provided for in paragraph 2 of this Clause.
- Obligations of the parties arising from the free resolution of the contract
- When the products have already been delivered to the User, the User must, within 14 days from the date on which they communicate their decision to terminate the contract to Caetana Jewelry, return the products to Caetana Jewelry, being responsible for bearing the costs arising from the return and exchange of products, namely shipping costs, payment method fees (credit card, ATM, Pay Pal, MB Way, cash on delivery).
- In the event of termination of this contract, before the order is received by the User, payments made by the User will be refunded, except for costs arising from returning and exchanging products, namely shipping costs, payment method fees (Pay Pal, ATM, credit or debit card).
- Caetana Jewelry reserves the right to withhold the refund of amounts paid by the User until the products are returned.
- The refund will be made using the same payment method used in the initial transaction, unless expressly agreed otherwise by the User.
- The User must preserve the products in such a way as to be able to return them in the appropriate conditions, in their complete original packaging, and always accompanied by the corresponding receipt or original invoice.
- The contractual right to return products applies exclusively to products that can be returned in the same conditions in which the User received them. Any product that has been damaged or shows signs of use beyond simply opening its external packaging, namely because the respective labels have been removed/cut or any security seals have been broken, Caetana Jewelry may reject the refund.
- If the above conditions are not met, the return will be rejected, and an email will be sent to the User indicating the respective reasons. In this case, the User will have the option of requesting the resending of products not accepted for return, with resending costs being borne.
FINAL DISPOSITIONS
- Intellectual property
- Caetana Jewelry is the owner of all intellectual property rights over the website.
- The contents made available by Caetana Jewelry through the website, namely texts, images, brands, logos, source codes, are protected by intellectual property legislation, namely by copyright and industrial property rights, with the its property or license, held by Caetana Jewelry and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written authorization of Caetana Jewelry or the holder of the applicable intellectual property right, the that the User recognizes and accepts.
- The User undertakes not to make any abusive use of these same contents, and they cannot be copied, disclosed or used in any way, not using software tools to collect protected contents, namely, robots, crawlers or other automatic mechanisms.
- The User will not copy, translate, disassemble or decompile, nor create or attempt to create, by reverse engineering or otherwise, the source code and object code of the website, as well as third-party tools and applications and software associated with the operation of the same, nor remove any confidentiality or intellectual property notices.
- The User undertakes to fully reimburse Caetana Jewelry for any compensation, costs or expenses that it incurs as a result of claims of any kind or nature directed against it by third parties, based on the violation of third party rights, namely rights of intellectual property related to the unauthorized use by the User of content made available, provided or made available through the website and the services associated with it, including compensation paid to third parties in agreement with them.
- Personal Data Protection
Caetana Jewelry, as the data controller, respects your privacy. Any and all personal data collected on the website will be kept confidential and will not be sold, communicated or, in any way, reused by third parties without your authorization. Any personal data provided to us will be treated in accordance with relevant legislation, with best practices and ensuring all technical and organizational security measures to protect them. For more information about how we process your personal data, you should consult ourPrivacy Policy.
- Responsibility
To the maximum extent permitted by law, Caetana Jewelry will only be responsible for damages caused by gross negligence or willful misconduct. Caetana Jewelry does not assume any responsibility for the continuous availability of its website, and in particular mobile networks, the Internet and mobile devices.
- User support and complaints
The User may direct comments, suggestions or complaints to Caetana Jewelry by telephone, to the number + 351 912 969 715 (Call to the national mobile network), available from Monday to Friday from 9:30 am to 6:30 pm, or via email at info@caetanajewelry.com
- Alternative dispute resolution
- The provisions of this clause apply exclusively to sales made to final consumers, as defined in Law No. 24/96, of July 31, with subsequent amendments.
- Caetana Jewelry informs that, under the terms set out in the Consumer Protection Law, consumer disputes of low economic value (less than €5,000.00) are subject to necessary arbitration or mediation, whenever, by express choice of consumers, these are submitted to the assessment of an arbitration court attached to legally authorized consumer dispute arbitration centers. Therefore, in the event of a dispute, the end consumer may resort to any of these means, and must be represented by a lawyer or solicitor (or request legal aid, under the legally stipulated terms).
- Furthermore, under Reg. (EU) 524/2013 of the European Parliament and the Council, the User can accesshttps://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguageto the Online Dispute Resolution Platform (RLL), where information is available on the possibility of using it to resolve your disputes.
- Also on the Consumer Portal (www.consumidor.pt) information is made available on the Alternative Consumer Dispute Resolution Entities available, to promote the extrajudicial resolution of national and cross-border disputes under Law no. 144/2015, of 8 September, with subsequent amendments, when the they are initiated by a consumer against a supplier of goods or service provider and respect contractual obligations resulting from purchase and sale or service provision contracts, concluded between an established supplier of goods or service provider and consumers resident in Portugal and the European Union.
THE USER DECLARES TO HAVE READ AND UNDERSTOOD THESEGENERAL CONDITIONS, AS WELL AS THE POLICIES ASSOCIATED WITH THEM,AND THAT YOU HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING IT. YOU FURTHER ACKNOWLEDGE THAT THIS IS THE COMPLETE AND EXCLUSIVE DECLARATION OF THE AGREEMENT BETWEEN YOU ANDCaetana Jewelry, WHICH DEROGATES ANY PRIOR PROPOSAL OR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU ANDCaetana Jewelry, RELATING TO THE OBJECT OF THIS AGREEMENT.
Terms and Conditions updated on 03/01/2024