Terms & Conditions

Fine&candy — Terms & Conditions

1. Introduction

1.1 These Terms & Conditions regulate all purchases, which includes registration, placing orders and accessing products at Fine&Candy website.

1.2 The website www.fineandcandy.com is managed by OITOEMPONTO, S.A., corporate entity number 503246905, with headquarters at Rua de Tânger 1356, 4150-721, Porto – Portugal

1.3 For the purposes of these Terms & Conditions is understood by

a) – “Fine&Candy” – Products sold on the website www.fineandcandy.com;

b) – “User” – Any individual person, who places an order the website www.fineandcandy.com;

1.4 The use of the website www.fineandcandy.com and the purchase of Fine&Candy products presumes knowledge, understanding and acceptance of these Terms and Conditions by the User.

 

2. Register on the website

2.1 To place an order, the User can register by filling the mandatory fields of the registration form on the website www.fineandcandy.com.

2.1.1 To place an order you need a valid email account. However, by registering on the website your data and preferences will be saved to be more easily used in future purchases.

2.2 After completing the registration, the User has access to their personal account where you can manage your account settings, your favorite items and previous orders.

2.3 From the moment the User access their personal account, the user subjected to these Terms & Conditions.

 

3. The Fine&Candy Products

3.1 The website www.fineandcandy.com is directed at all users who want to purchase Fine&Candy products from their home or workplace, 24 hours a day, 7 days a week.

3.2 All information regarding the characteristics of the products can be found at www.fineandcandy.com.

3.3 Fine&Candy reserves the right to modify, at any time the information, the range of products, prices, promotions and commercial conditions, presented on the website www.fineandcandy.com

 

4. Place orders on the website

4.1 To place an order on the website www.fineandcandy.com is necessary that the user has an e-mail account, and that their browser is set to accept cookies and pop-ups, which will allow the full use of all the features available on Fine&Candy online store.

4.1.1 To place an order the User must be at least 18 years old (or parental permission to buy with Fine&Candy).

4.1.2 The User may proceed to the online purchase of products, for which it is necessary that:

a) Find the product (s) you wish to order;

b) Add the selected product(s) to the “Shopping Cart”;

c) Register the User’s personal data, which includes “Delivery Address”, “Billing Address”, “Payment Method”, telephone number and tax identification number (VAT). These data will be integrated into the Fine&Candy database according to our Privacy Policy.

d) Review your order and confirm it;

4.2 The User will receive an e-mail confirming the order with the details for the selected payment method. If you don’t receive it, please the User should consult your Spam folder in your e-mail or contact Fine&Candy.

4.3 Fine&Candy, will provide all the details of the purchase through the website www.fineandcandy.com, on the User’s client area.

4.4 Your order will be delivered by the logistics operator at the delivery address provided in the purchase process, as well as the corresponding detailed invoice.

4.5 By submitting the order form the User agrees to these Terms & Conditions described at www.fineandcandy.com and the Privacy Policy.

4.6 Fine&Candy reserves the right to refuse and cancel orders already confirmed in the following situations:

a) The product is not available;

b) Payment is not carried out using any of the payment methods specified on the website www.fineandcandy.com ;

c) The payment cannot be confirmed;

d) The billing information is not correct or verifiable;

e) There is an error in the price quotation;

f) It is not possible to deliver at the address provided by the User.

4.7 The data contained in the invoice are the sole responsibility of the User. The invoice after it has been issued can’t be reissued with changes.

4.8 If you order several products and a pre-order, all products will be shipped together at a later date.

However, you can request multiple shipments to receive your other products more quickly by contacting geral@fineandcandy.com. All shipping costs for the different shipments will be supported by the User.

 

5. Prices

5.1 The prices of products displayed on the website www.fineandcandy.com include Value Added Tax (VAT). The total VAT payable by the User will be indicated on the invoice to be sent to the User.

5.2 All prices are all quoted in euros (€). Note that changing the delivery country may the influence the prices due to different shipping costs.

Customs costs may also be applicable in certain countries and will be paid by the User.

5.3 Prices of the products displayed on the website are subject to change. Fine&Candy reserves the right to change prices without advance notice. The prices displayed at the time of purchase are the prices applied to that purchase.

5.4 In case there is an error in the price of the ordered products, Fine&Candy or the User may, up until the order is shipped, cancel the order.

5.5 The total price specified in the checkout includes the taxes from the country of origin (Portugal) and shipping costs.

5.6 The User must only pay only the amount specified in the order confirmation.

5.7 Please note: Although the personalize products have a longer lead time, payment will be made soon after your order.

5.8 Personalize products have a different associated price since they are exclusively developed for you.

5.8.1 The cost of personalization is determined by Fine&Candy.

The User is responsible for the type of personalization you want for your product(s). Therefore, the price of the custom item may depend on your personalization.

5.8.2 To view the most accurate personalization prices, the User must see the website www.fineandcandy.com when personalizing the product.

5.9 The final confirmation of the order by the User is equivalent to the full and complete acceptance of the prices and description of the products/services available for sale at www.fineandcandy.com.

5.10 Placing a product on the Wishlist doesn’t guarantee the reservation at a specific price.

5.11 We don’t make product reservations at www.fineandcandy.com

 

6. Methods of payment

6.1 The User can purchase products using:

– Crédit Card (Visa, Mastercard, American Express);

– ATM (ATM Reference);

– Paypal

6.2 Fine&Candy will not accept any payment method other than those mentioned in the previous point. If you do so, we cannot be held responsible for loss of payment or any other damages that may occur.

6.3 Payments with Credit Card or PayPal the User will be directed to the site of the supplier entity to finalize the payment of the order.

6.4 All payments made through the www.fineandcandy.com website is handled and transacted through dedicated third-party gateways to ensure their protection. Your card information is handled through SSL encryption. Please read the terms and conditions of the payment portal, chosen for the transaction, as they are responsible for the transactions made.

 

7. Shipping Costs

7.1 Fine&Candy ships worldwide. Please proceed to the Check-Out to calculate the shipping price.

7.2 Fine&Candy does not have any responsibility for the orders with associated shipping costs, and may require the payment of costs and customs fees, according to the country of delivery.

7.3 Fine&Candy does not accept payment for orders on delivery, or cash payments on purchases made on the Website www.fineandcandy.com

7.4 If you choose to refuse your order, you will be responsible for any fees, duties and/or customs charges incurred on the order and for the cost of returning the order to Fine&Candy’s address. This amount will be deducted on your refund of the purchase.

 

8. Delivery

8.1 Fine&Candy shall send the product(s) ordered by the User, from Monday to Friday, from 10 am to 7 pm, except holidays, and according to the days and times used by the logistics company, to the delivery address provided by the User.

8.1.1 When the order is shipped the User will receive in the e-mail provided the Tracking Number associated with your order so that you can follow the process of delivery of the shipment.

8.2 Our delivery service does not include scheduling options, so delivery of the order will be made without prior contact by the carrier, thus being necessary to ensure that someone is at the delivery address to receive the order. Delivery Times vary based on location as we ship from Portugal.

Estimated delivery time:

– Portugal (Continental and Islands): 1 – 2 business days

– Europe: 3 -5 business days

– Rest of the world: 5 – 8 business days

8.3 Keep in mind that our shipping times should be used as a guide only and are based on the average shipping cost. Fine&Candy is not responsible for delays in customs clearance or failure to approve payment.

Delivery times may differ depending on the delivery address.

However, Fine&Candy’s ability to respond within the aforementioned deadlines is, however, dependent on the availability of the stock and cannot be guaranteed during the promotion, sale and Christmas periods.

8.4 The delivery of orders is made up to 15 (fifteen) working days after order confirmation.

8.4.1 The delivery is performed by CTT or UPS companies.

8.4.2 The delivery of personalized products lasts for at least fifteen (15) business days until dispatched to the User’s address. Since the product will be made exclusively for the User.

8.4.2.1 Please note: Although personalized items have a longer lead time, payment will be made soon after your order. Personalize products cannot be returned or exchanged.

8.5 Fine&Candy will inform the User of the unavailability of the product(s) ordered, as shall refund the amount paid, within a maximum of 15 (fifteen) business days from the knowledge of the product’s unavailability.

8.6 In case of the unavailability of the carrier to deliver the product (s) in the date indicated, the User will be contacted in order to be given another date of delivery (UPS). If the delivery is by postal service (CTT) will be notified to carry out the survey closer to the address indicated by the User.

8.7 At the time of delivery, the User must inspect the packaging in order to check for possible damage. If the User finds that the products are damaged, you should not accept the delivery of the order, which will be returned. The User must report the situation, if possible documented with photos, to the email geral@fineandcandy.com and if he User agrees, Fine&Candy will proceed to resend the order, at no cost to the User. If the User wishes to cancel the order, the full amount paid for the order will be refunded.

8.8 If you do not receive your order within 90 (ninety) days from the order payment date, please send us an e-mail to geral@fineandcandy.com informing us of what happened. After this time has elapsed, Fine&Candy cannot be held responsible for the loss of the order.

8.9 Fine&Candy considers the delivery done with the signature on the delivery receipt at the agreed delivery address.

 

9. Right to resolve free

9.1 The User may return the product (s) ordered 14 (fourteen) days after receiving them, provided that:

a) The product (s) have not been used;

b) The product (s) maintain their original features and labels intact;

c) The product (s) are complete. (All material accompanying the orders must be return to Fine&Candy)

9.2 The User may exercise his right of free resolution by sending the model of Free Resolution or by any other unequivocal statement of termination of the contract to geral@fineandcandy.com. Or by registered post to our address: OITOEMPONTO S.A. Departamento – Fine&Candy, Rua de Tânger 1356, 4150-721, Porto Portugal.

Alternatively, you can contact our services by phone: (+351) 220 131 949, during the weekdays from 10 am – 1 pm and 2 pm. – 7 pm.

9.3 The costs of returning the order in the exercise of the right of free resolution are supported by Fine&Candy.9.4 Once the returned items are received, Fine&Candy will review and confirm its condition and, when applicable, will refund you within a maximum period of 10 (ten) days the amounts paid by the User.9.5 If returned products are damaged or worn, Fine&Candy reserves the right not to accept the return and refuse to refund the User.9.6 The right of free resolution does not apply if the ordered product (s) has been personalized according to the User’s specifications or manifestly personalized.9.7 The User should note that, if the return has been made for other than the existence of justified defects or non-conformity of the products ordered reasons, Fine&Candy will not refund the shipping costs. Therefore, Fine&Candy will not refund the expenses related to the charges initially supported by the customer for the respective order.9.8 Please note that these conditions are valid within Europe. For more information about returns and exchanges outside Europe, please contact us at geral@fineandcandy.com.

 

10.Cancellations, Returns & Exchanges

10.1 The User can cancel the order, at no cost, provided it has not yet been shipped, request it by e-mail geral@fineandcandy.com

10.2 In cases of orders canceled prior to shipment, we will refund the amounts paid by the User in the order, through the same medium used to pay the order, within a maximum of 14 (fourteen) business days.

10.3 In orders canceled after shipment, the rules in the previous chapter regarding the right of free resolution shall apply.

10.4 It is not possible to cancel or exchange product (s) that has been personalized according to User’s specifications or evidently personalized by the User on the website www.fineandcandy.com with errors.

10.5 Fine&Candy does not carry out custom product exchanges. The User may change his order when the product(s) is not personalized for another product available on the website and will be responsible for all costs related to the exchange.

10.6 In the event that the ordered product is found to be defective or otherwise non-conforming, the User may choose:

a) repair the product;

b) replace the product;

c) resolve the contract.

10.7 As soon as the User discovers a defect or other nonconformity of the product, please send an email to geral@fineandcandy.com, sending photos for document the situation.

10.8 As soon as we receive your email, we will contact you by phone or email to resolve the problem in a consensual way.

10.9 In any of the options exercised by the User pursuant to 11.6, the respective costs will always be supported by Fine&Candy.

10.10 During the festive season, orders made as of November 23th may be returned by January 5th.

10.10.1 Note that Returns do not apply to personalize products once the product has been made exclusively for the User.

 

11. Quality

Fine&Candy does not sell second-hand, faulty or lower quality than the market standards. The main characteristics of each product are shown on the website www.fineandcandy.com on each product page.Fine&Candy will make every effort to so that colors of the products that appear on the website www.fineandcandy.com are the most accurate and as real as possible. However, as computer monitors vary, we cannot guarantee that monitor showing the exact colors. Or the color of the product may vary from the images presented due to the texture and natural color of the leather. Our products are made with high-quality materials, the more natural the skin the more vulnerable the product gets to scratches or potential marks. Each type of raw material is individual and unique, and although we consider this elegant, it also means that natural spots can sometimes occur on the skin, due to its characteristics, there may be signs of veins, wrinkles or different color nuances. You should be aware that these are some of the subtle evidence of the purity of our materials.

 

12. Product care

Fine&Candy recommends wiping the exterior of your product with a soft cloth with warm, soapy water. Make sure the cloth is well twisted so that it is slightly damp and gently wipe the surface of the skin. Repeat the process using clean water. Do not use abrasive cleaners to clean this type of product.

When you are not using your Fine&Candy products, we recommend storing them in a cool, dry environment. Do not leave your products on skin, wood, fabric or metal in prolonged sunlight. Exposure to sunlight or other high-intensity light sources can lead to discoloration, fading and irreversible deformation of the skin or metal.

Do not expose the product to wet conditions or high temperatures. Water can be harmful if it penetrates the skin or hair and can lead to the appearance of blisters or marks that cannot be removed. Never leave the skin in water or apply abrasive detergents and never wash the fabric liners of the product. We do not advise the use of waxes, polishes or soaps because they can make the surfaces of the skin sticky, attracting garbage and causing irreversible damages.

Fine&Candy recommends that you regularly use a soft jeweler’s cloth or your own metal cleaning products. This will keep your product’s metals in the original brightness.

To ensure optimum protection, always store your stationery products in a dry place away from moisture and heat. Our products are made with high-quality materials; however, the skin color, fabric and paper can naturally modify with the passage of time and use.

 

13. Complaints

As we aim to continuous improvement our services, Fine&Candy will strive for meeting and resolving the claims submitted by User via the email geral@fineandcandy.com within 5 (five) business days.

 

14. Exclusion and limitation of liability

Fine&Candy does not guarantee the website www.fineandcandy.com will run uninterruptedly, or any it features, as it may be suspended for maintenance, repair or upgrades.

Fine&Candy will also not assume any liability for any damages arising directly or indirectly from force majeure situations that prevent Fine&Candy is in any way to meet its obligations, in particular strikes, electric network failures, telecommunication services or any other services, faults, fire, floods, inability to obtain products, materials or services, breakdowns, delays of suppliers or carriers and changes in law or administrative regulations.

Fine&Candy is not responsible for any misuse of the User’s access data to the website by third-parties, as they are non-transferable.

 

15. Release of obligations by a major force

Events outside Fine&Candy control, which are not reasonably foreseeable, should be considered force majeure, meaning that Fine&Candy is released from obligations to fulfill contractual agreements. Examples of such events are government action or omission, new or amended legislation, conflicts, fire, embargo or floods, sabotage, accidents, wars, natural disasters, strikes or lack of delivery of distribution providers. Force majeure also includes government decisions that affect the market negatively and products, for example restrictions, warnings, prohibitions, among others.

 

16. Modification of Terms & Conditions

Fine&Candy reserves the right to change, at any time, these Terms & Conditions, considering the changes made and the users notified by the publication on the website www.fineandcandy.com of the modified Terms & Conditions.

 

17. Treatment of personal data

Please read our Privacy Policy so that you can be aware of the rules and procedures adopted by Fine&Candy with regards the processing of data collected when you browse the website www.fineandcandy.com and when you use its features, as well as to inform you about the applicable security and confidentiality measures.

 

18. Proof and archive

The computer records, maintained by Fine&Candy under safe conditions, are considered as proof of the communications, orders and payments made between Fine&Candy and the User.

 

19. Applicable Law

These Terms & Conditions and all disputes arising that are related to the it, including its validity, the use of the website or any purchase made on it, should be governed by Portuguese Law.

 

20. Online dispute resolution | Online complaint book

The Online Dispute Resolution website is an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court Online dispute resolution: https://webgate.ec.europa.eu/odr/main/index.cfm?event =main.home.chooselanguage

 

21. Promotions, balances, discounts, promo codes

The site offers are valid only for the time they are displayed on the site, unless otherwise reported on the site. Fine&Candy respects the offers offered and is not bound by any offer in case of errors or mistakes of spelling, prices or other information. Fine&Candy reserves the right to cancel any purchase and sale made under such errors.

 

22. Copyright and trademark

The contents of the pages (including designs, logos, photos, texts and other material) are a registered trademark of OITOEMPONTO, S.A. All rights reserved, copying, modification, distribution, reproduction, incorporation of part or all material available on this site www.finenadcandy.com is expressly prohibited.

Updated on February 2020