TERMS AND CONDITIONS
1. OWNERSHIP OF THE DOMAIN WWW.RECKLESSWATCHES.COM
The site www.recklesswatches.com is registered in Portugal and is owned by Time To Be Reckless Lda., with its registered office located at Rua dos Navegadores, nº 11, Alto dos Campitos 2765057 Estoril, registered under the tax number 513.837.337, with the share capital € 5.000,00 (Herein “RECKLESS”).
Phone: +351 968 474 008
Online Shop www.recklesswatches.com
Email: [email protected]
2. OBJECT AND SCOPE
These General Terms of Agreement and Use apply to visitors to the www.recklesswatches.com website and to any transactions of a commercial nature made through the online shop.
Navigation on the website and purchase of any product from RECKLESS, implies acceptance of these General Terms of Agreement and Use by the user and by the customer.
3. INFORMATION REGARDING CONTENT
The www.recklesswatches.com website is designed for personal use only. Any reproduction, transfer, distribution or storage of content published on www.recklesswatches.com website without prior written consent is prohibited for any purpose other than strictly personal use.
RECKLESS reserves the right to alter, at any time, the information and items offered for sale, including products, prices, promotions, terms of sale and services.
Creation of links to our site for commercial purposes without prior authorisation from RECKLESS is expressly forbidden. Likewise, use of the domain recklesswatches.com for abusive purposs or without prior authorisation may be subject to legal action on the part of RECKLESS. In the event that links that allow access to www.recklesswatches.com are found on third party websites, we hereby declare that RECKLESS is not in any way liable for the third party site or the content therein.
Despite our efforts, some products may be listed with an incorrect price. For this reason, we always verify the prices before we fill the order. If the actual price is lower than the price listed, we will reimburse the difference. If the price is higher, we will notyfy you by email and await your decision on whether to accept the new price or cancel the order.
We make every effort to ensure that the information presented is free of typographical errors; should such errors occur, we will undertake to correct them as soon as possible. If the information presented does not correspond to the characteristics of the product, the customer has the right to cancel the purchase and sale contract under the terms of the law.
The photographic images on the site are for illustrative purposes only. We recommend that you read the detailed product description for information about the product’s characteristics.
Product prices and specifications are subject to change without prior notice.
The product catalogue for recklesswatches.com (online shop) is completely independent from the physical stores in terms of both prices and quantities in stock. All promotional campaigns have limited stock and are exclusive to the online shop. If the product is unavailable and/or if stock runs out, you will be informed of the partial or complete cancellation of your order and your right to reimbursement of the corresponding amount paid.
RECKLESS shall not be liable, directly or indirectly, for any information, content, statements or expressions included in the descriptions of the items offered for sale on www.reclesswatches.com.
All contractual information, product information, email communications and formalisation of the sale are written in English.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
All rights are reserved worldwide with respect to the texts, comments, work, illustrations, works and images reproduced or displayed on www.recklesswatches.com under the terms of copyright and intellectual property rights laws. Accordingly, and under the terms of the Intellectual Property Code, use is only authorised for private purposes save as otherwise provided for by law, including more restrictive provisions contained in the aforementioned code. Any full or partial reproduction or representation of the RECKLESS site or of all or part of the elements included on the site is strictly prohibited.
The corporate names, trademarks and other distinguishing symbols reproduced on the www.recklesswatches.com are protected under the laws that apply to industrial property rights. Reproduction or representation of all or part of any distinctive signs without the prior express written consent of the trademark owner is strictly prohibited. Customers must comply with the general terms of sale of these products, and RECKLESS is not responsible for any use that may be made of them in this context.
All products sold through RECKLESS online comply with Portuguese law. RECKLESS does not accept any responsibility in case of violation of the laws of the country where the product is delivered. It is the customer’ s responsibility to verify the conditions of import and use of the products she/he wishes to order. The customer must comply with the general conditions of sale of products and RECKLESS is not responsible for the use that is made of them.
RECKLESS is not responsible for any losses or damages due to interference, interruptions, computer viruses, breakdowns or disconnections of the operating system that may temporarily interfere with access, navigation or provision of services to users.
6. OBLIGATIONS OF CUSTOMERS AND USERS
It is prohibited the sale to minors of 18 years.
The customer and user must comply with and obey these general terms of agreement and use. Specifically, customers and users must comply with the following obligations:
1) Users are prohibited from introducing, storing or disseminating any content that is defamatory, obscene, injurious, xenophobic and/or of any other nature that violates the general principles of law and public order;
2) Users must guard their passwords for logging on to the site and not divulge them to others in order to prevent third parties from accessing their accounts at recklesswatches.com;
3) Users must not use false identities;
4) Users must provide correct personal information and addresses so that RECKLESS can properly process their orders;
5) Customers are responsible for the accuracy of the information provided to RECKLESS and shall immediately undertake to update the information in their RECKLESS Online Account Registration if there are any changes.
If you do not provide the required information you will not be considered a registered customer.
RECKLESS does not accept responsibility for any delay or inability to process the order, namely with respect to delivery, that occurs due to inaccurate or incomplete information provided by the customer.
7. PRIVACY AND PROTECTION OF PERSONAL DATA
RECKLESS respects your privacy.
8. PLACING ORDERS ONLINE
To place an order in RECKLESS, we provide three options:
– Internet, through the site www.recklesswatches.com
– Phone, through the number + 351 968 474 008
– Email, to [email protected]
In order to shop online on www.recklesswatches.com, you must register as a customer by filling out the form available online. After registering, all you need to do is add all the items you wish to purchase to the shopping cart. You must follow all the steps of the online shopping process to successfully complete the purchase.
When ordering rings, the customer must always inform the size, and for this purpose refer to the table of sizes availabe for download on the site and strictly follow the instructions provided. RECKLESS has no responsibility when there is any inaccuracy by the Customer that can lead to delivery of inappropriate product.
The purchase order validation assumes that the client has learned and accepted the General Terms and Conditions of www.recklesswatches.com. The data recorded by RECKLESS constitutes evidence of all transactions made between RECKLESS and the Customer. It is the responsibility of RECKLESS to archive the electronic document that formalizes the contract and keep it available to the customer.
As soon as you complete your purchase, you will receive an automatic email confirming the transaction. If the information is not correct, you can immediately ask that it be corrected or even cancel the purchase.
The payment of your purchases is made through a specially designed payment system for recklesswatches.com, which ensures security and privacy increase.
9. PRODUCT AVAILABILITY
The products in our online catalog can be physically viewed and inspected by the competent authorities at our headquarters.
RECKLESS will only process an order placed by a customer after confirmation of payment. Therefore, RECKLESS cannot guarantee availability of the items until this processing begins. The estimated dispatch date can be found in the product description. The transport time is added to the estimated dispatch time and will depend on the carrier selected and the destination of your order.
RECKLESS only dispatches on working days. Therefore, weekends and holidays are not counted when estimating delivery times.
The average delivery time of products bought in RECKLESS is 1 to 2 working days for delivery in Portugal, 5 working days for deliveries in the European Union and 7 to 9 days for the resto f the world. Delivery times are indicative and therefore to be considered valid when there is no physical or structural impediments (eg, incorrect addresses or setbacks of force majeure).
In any case, estimated delivery dates are purely indicative and not binding. If any of the goods ordered are unavailable RECKLESS will display the information in recklesswatches.com.
Each shipment is followed by na email with detailed invoice.
The customer has the right, upon receipt of the order, to open the packaging to verify that the product conforms to what was requested and has no external defects.
RECKLESS will be obliged to refuse any request for refund or replacement (right of withdrawal) for products with external defects which have been accepted by our customers at delivery. The right of withdrawal remains valid for cases of technical problems that are detected by the customer after delivery and according to the terms provided by law.
10. SHIPPING CHARGES
Shipping to Portugal, Portuguese Islands of Madeira and Azores and international destinations:
Free shipping on purchases over €75.
During the checkout process, you can choose between different delivery options. The customer is responsible for any custom charges and import duties.
11. CANCELLATIONS, EXCHANGES AND RETURNS
Applies to purchases made on www.recklesswatches.com.
Customers may cancel an order at any time before it is delivered and are entitled to a full refund of all amounts paid. Paypal refunds may incur in the loss of fees depending on Paypal Terms of Service. Once the customer has received the order, he or she may exercise the right of withdrawal in accordance with the law and the terms indicated below.
Failure to pay for the order within 5 (five) days of the date of purchase will result in automatic cancellation of the order.
Under the terms of Law 7/2004 of 7 January, relative to electronic commerce, RECKLESS reserves the right to cancel the order unilaterally if a programming error occurs or the RECKLESS computers malfunction or if the contract proposal arrives at its destination in improper condition and the error affects an essential element of the contract.
CANCELLATION OF ORDERS PLACED USING A CREDIT CARD:
In the case of orders paid for by credit, the credit contract is automatically and simultaneously deemed to be terminated with no right to compensation (Article 8 of Decree-Law 143/2001 of 26 April as amended by Decree-Law 82/2008 of 20 May).
As part of our Customer Satisfaction Policy and under the terms of the law, RECKLESS allows exchange or return of items (cancellation of the contract) within 14 days of the date the customer receives the items without having to pay a penalty and without having to give a reason.
To exchange or return an item, the customer must notify the RECKLESS Customer Service Department in writing by e-mail to [email protected], or letter to Customer Support,:
Rua dos Navegadores, nº 11, Alto dos Campitos 2765057 Estoril.
The items must be returned within 14 days of the date of receipt and must be accompanied by the original invoice (Article 6 of Decree-Law 143/2001 of 26 April, as amended by Decree-Law 82/2008 of 20 May).
When returning or exchanging items, the following criteria must be met:
•The items must be returned in good condition, in their complete original packaging, together with the respective invoice;
Once you have contacted the recklesswatches.com Customer Service Department and have been informed of the return process, you may send us the item, in its original package and properly packed, to the following address:
TIME TO BE RECKLESS, LDA
Rua dos Navegadores, nº 11, Alto dos Campitos 2765-057 Estoril
The Customer is responsible for the correct packaging of the products to be returned, as well as the costs inherent to its shipment.
All items returned will be checked when they arrive at the Customer Service Department and only those that fulfil the return criteria will be accepted for exchange or return.
RECKLESS reserves the right to not accept articles that do not fulfil these criteria.
If you choose to be reimbursed for the item it will be made by the same means of payment used.
If you have received items that are damaged or have technical problems, they can be returned to RECKLESS the same way, at no charge to you.
12. CONSUMER GOODS WARRANTY AND AFTER-SALES SERVICE
All items are covered by a manufacturer’s warranty for a period of two years.
If the purchased item is defective or damaged, you shall report it to the recklesswatches.com Customer Service, stating your order number and description of the malfunction.
The cost of the return or collection of items within the period of warranty shall be supported by RECKLESS.
Upon receipt of the item at RECKLESS we will make a technical verification and, if any lack of conformity is detected, the item will be replaced. In this case, we will replace the item and we will ship it to your address without any additional cost.
If the technical verification detects signs of misuse, and / or any problem that may have caused the malfunction of the item that was caused by the user (eg, fall, humidity, etc.) the customer will be contacted to tell us whether to carry out the repair of the item. Not being covered by the manufacturer’s warranty, these repairs will be subject to budgeting by the brand’s Technical Assistance.
In case the warranty period is over, RECKLESS also provides technical assistance, so you can inform and send us the defective or damaged item to the recklesswatches.com Customer Service. Items will be checked by recklesswatches.com After-Sales Service to issue a technical opinion and its repair budget.
The repair will only be initiated after approval of the budget by the Customer.
13. PAYMENT METHODS
For payment you can choose one of these options:
a) Credit or debit card: Visa / Mastercard / American Express / Maestro.
14. APPLICABLE LEGISLATION
All purchases made on the www.recklesswatches.com site are subject to Portuguese law. Any dispute or disagreement as to interpretation of the General Terms of Agreement and Use shall be brought before the Portuguese court of competent jurisdiction.
If our customer is outside of mainland Portugal, please note that any legal action must be brought before the Portuguese courts.
RAL – Alternative Dispute Resolution
The authorities responsible for alternative resolution of consumer disputes are:
CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
www.arbitragemdeconsumo.org Phone: 213847484
Centro de Arbitragem de Conflitos de Consumo de Lisboa
Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral
CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal de Consumo)
CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
Centro de Informação de Consumo e Arbitragem do Porto
These General Terms of Agreement and Use were updated on July 2018.