I. ABOUT ANAAGA
A. The “Website”, www.anaaga.com, is owned by and operated by or on behalf of Beglobal Trading Lda. (“Beglobal/ANAAGA/we/us”). If you have any doubts regarding these terms and conditions or the Website, or in the unlikely event that you have any complaints about any products you’ve purchased from our Website, you can contact us at:
Beglobal Trading Lda.
Rua da Paz, nº66, sala 64
4050-461, Porto
Portugal
Tel. +351 920 058 281
info@anaaga.com
VAT number: 505296284
Registered in Portugal
Registered No: 11685/20020125
B. These terms and conditions were last updated on 3 November 2015.
II. THE WEBSITE – USE AND ACCESS
A. These terms and conditions and any other documents or policies referred to or linked to in these terms and conditions (together the "Terms") apply to your access to and use of the Website and any other website or application allowing you to place an order with ANAAGA for any products. As the context requires, references to “Website” in these Terms include www.anaaga.com and any other websites and applications as above. By accessing this Website you agree to these Terms and we therefore advise you to read them carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms, you must cease using and accessing this Website immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new Terms on the Website. Please note that all options available on our Website may not be available on any Application or the Website accessed using a mobile device.
B. Please note that these Terms do not affect your legal rights as a consumer. For further information on these, please contact your local office/authority (if any) for consumer rights.
C. By using our Website you’re agreeing that all the information you provide upon registering on this Website is not misleading, it is true and accurate in all aspects and you will notify our customer care team of any changes to that information.
D. ANAAGA may change, suspend or withdraw access to the Website, permanently or temporarily, in whole or part, with or without notice and with no liability to you.
E. Our Website may include links to other websites or resources. ANAAGA has no control and will not be responsible for the content nor the availability of such linked websites. Likewise ANAAGA will not be responsible for any offence, damage or loss connected to or caused by the use or reliance on such linked websites or its content.
F. Access to the Website may be denied by ANAAGA, at any time and in its sole discretion. This may occur when, but not only, we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
III. PURCHASE OF PRODUCTS
A. ACCEPTANCE OF ORDERS
A.1. All orders submitted by you are subject to acceptance by ANAAGA. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order are as follows:
a. If the product you wish to purchase is not available or it is incorrectly priced or otherwise incorrectly described;
b. If shipping restrictions may apply to a product ;
c. If we are unable to obtain authorization of your payment;
d. If the delivery address you give relates to a forwarding services provider (either an entity or individual).
A.2. Upon submitting an order to us, we will send you an order acknowledgement email with your order number and details of the products you have ordered from us. This email is an acknowledgement that we have received your order and not an acceptance of your order. The acceptance will take place once you receive an email confirming that the products have been dispatched to you.
A.3. When placing an order for the first time, you will have to register with us and will be required to complete certain required fields on an order form. You will be asked to log in to access certain areas of the Website, such as the ‘My account’ section of the Website. You shall be responsible for ensuring that such login details and password are kept secure and confidential at all times. You shall comply with all security instructions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorized use of your login data. We may suspend your access to the Website, without prejudice to our other rights and remedies and without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.
A.4. Please note that items in your shopping bag and on your wishlist are not reserved and may be purchased by other customers.
A.5. Before you confirm your order, you will be given the chance to review your selection, check the total price of your order and correct any errors.
A.6. You will be charged for products shortly after you confirm the payment.
A.7. Variations in both the display properties of the computer hardware you use and also the manufacturing processes we use may mean that the colours, measurements, fabrics and designs of the products displayed on the Website and the products delivered to you may differ in appearance in minor aspects.
B. PRICES
B.1. All prices of products on our Website include VAT (when applicably). Please note that the price displayed does not include any customs duties, taxes or import fees which may be applicable by your local Customs. Please see point B.4. below.
B.2. ANAAGA endeavours to ensure that all prices on the Website are correct. However, in the unlikely event of a product being mispriced we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel it and notify you of such cancellation. We will not be obliged to supply products at an incorrect price.
B.3. ANAAGA may vary the prices of products listed on the Website at any time and without any notice, but such changes will not apply to orders which have already been confirmed.
B.4. Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and we cannot predict their amount. For further information, please contact your local customs office before placing your order. Please also note that you must comply with all applicable laws and regulations of the country of destination. ANAAGA will not be liable for any breach by you of any such laws.
C. PAYMENT TERMS
C.1. Information about the payment methods we accept can be found in the process of your order confirmation and in our FAQ section.
C.2. You confirm that the payment method you select is yours and that all details you provide, including, without limitation, name, address and email are complete, correct and accurate. If you use a credit/debit card, you also confirm that it is valid and the inputted payment details are correct. If the issuer of your card or payment method refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery.
C.3. ANAAGA is not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order.
C.4. If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Website.
D. INVOICING
D.1. Upon order confirmation we will issue an invoice which will be sent to you together with your purchased item(s).
E. DELIVERY, TITLE AND RISK
E.1. We offer MRW or DHL Express Delivery for, which takes 1-5 working days. You will be provided with a tracking number to follow your parcel online (at http://www.mrw.pt/seguimiento_envios/MRW_seguimiento_envios.asp or http://www.dhl.com/en/express/tracking.html). If you wish to use another shipping method you should contact us in order to get available services and rates. Please note that if you pay by bank transfer we can only ship your order after receipt of your payment.
E.2. Orders will be sent to the delivery address that you have given on your order form. ANAAGA cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes nor to APO/FPO addresses. Please note that there are restrictions on the locations to which we deliver. Details of the locations to which we deliver are available from us on request.
E.3. Title in the products will pass to you on the later of:
a. The date on which we receive payment in full for such products;
b. The date and time of collection of such products for delivery to your nominated address.
E.4. We shall be entitled to supply the products in instalments and each instalment shall be deemed to constitute a separate contract with us and we shall be entitled to supply only part of an order.
F. CANCELLATION AND RETURNS
F.1. You can return a product within 14 days of receipt, provided the return conditions specified below are met.
F.2. As soon as you realize that you wish to return an item please visit ‘Order history and details’ on your ‘Account’. Select your order then select the product you wish to return and click on ‘Make an RMA slip’. This way we will be notified of your wish to return a product you have bought from us.
F.3. You can ship your returns to us with a shipping service of your choice and the return shipping will be at your own expense. Please verify that you have accurately completed and included with your parcel all the necessary documentation for customs clearance. We recommend that you consult with local authorities and/or your selected shipping service to ensure that the documents are sufficient. ANAAGA cannot be held responsible for parcels that are detained at customs because of lacking or insufficient documentation. We highly recommend that you choose a shipping service that permits you to trace the delivery at any time. Be sure that the type of shipping you choose guarantees the delivery of the parcel within 14 days from the date on which you informed us of your decision to withdraw from the contract.
F.4. How to return your purchase:
a. Place the product(s) in the original shipping box.
b. Complete the Returns Form you received with the purchased item (if you cannot find the form please contact us) and place it in the box, together with the returned item. Seal the parcel securely.
c. Print the RMA (you can find in on ‘My merchandise returns’ on your ‘Account’) which includes the destination address and place it on the return package.
d. Book the pick-up with the courier service of your choice and attach its shipping note to the outside of the box.
F.5. Return conditions
a. Purchases must be returned from the original shipping country with the original Returns Form.
b. Products returned must be in their unused original condition with all ANAAGA tags and labels attached.
c. Incomplete, damaged, worn, soiled or altered returns, or anything ANAAGA reasonably believes has been used, will not be accepted and therefore sent back to the customer.
F.6. Refunds
a. Refunds will be credited to the original purchaser's method of payment and in the same currency. Due to fluctuations in currency exchange rates the amount refunded may be higher or lower than the original price paid.
b. On receipt of a return, we will process the refund as soon as possible. We estimate refunds will be made by the provider of your payment method within 7-10 working days.
c. Where you have paid any duties or taxes directly to the relevant authorities on the importation of the product you wish to return, ANAAGA shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities or whether or not such a refund is possible.
d. Please retain your Shipping Note until you have received your refund.
F.7. Incorrect or faulty items
a. In the unlikely event of you receiving a faulty or incorrect item, please contact us and we will arrange for the pick-up of your return. In this case, the shipping service will be at our choice and we will bear its cost.
F.8. Exchanges
a. Currently orders cannot be exchanged online. Please return your order to us within 14 days following the above procedure. A new order can be placed through www.anaaga.com at any time.
F.9. Cancelling your order
a. In certain circumstances, before your order has been dispatched, we may still be able to cancel it. Please contact us as soon as possible after placing your order and we advise if cancellation is available.
F.10. Please note, we are unable to combine orders, change the size, edit your billing and shipping details or add pieces to an existing order once it has been placed.
G. AGE REQUIREMENTS
G.1. By ordering any products on the Website you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a product, we reserve the right to cancel your order.
H. FINE JEWELLERY
H.1. Rings’ size can be customized, whether your size has no stock or isn’t even listed on our size options.
a. To do so, simply just select size C (customized) and while filling out your order please specify which size you wish to receive, on the last field of point 3-Address. Please note that this customization may take 2-3 days and we’ll notify you once your order is shipped out.
H.2. Please note that it is not possible to return any fine jewellery.
IV. GENERAL
A. INTELLECTUAL PROPERTY
A.1. All content (including, but not limited to, text, data compilations, logos, graphics, icons, images, photographs, video, audio clips, sounds, music, and software, and any combination thereof) available on the Website (the "content"), belongs to Beglobal Trading Lda. (or third parties working with us) and are protected by applicable copyright laws and treaties around the world. All such rights are reserved.
A.2. ANAAGA is a trade mark registered for Beglobal Trading Lda. being protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
A.3. Limited Licence to access and use.
a. Subject to the Terms herein, we grant you a revocable, and non-exclusive licence to access and make personal use of the website limited such that it does not include the right to:
i. Use the Website for any commercial or business purposes. The Website is for your personal use only;
ii. Use the Website in any way which may prejudice or damage the reputation of ANAAGA;
iii. Use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
b. ANAAGA may terminate the limited licence set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.
B. CONTENT
B.1. We endeavour to ensure that all information on the Website is accurate and complete. We cannot, however, guarantee that it is error free and that the Website, content or the server are free of viruses, malicious code or other components which are potentially harmful. We recommend that all users ensure they have up to date antivirus software installed.
C. LIMITATIONS OF LIABILITY
C.1. We will not be liable, whether in contract, in tort or otherwise, however arising out of or in connection with these Terms, for any:
a. Economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings);
b. Loss of goodwill or reputation;
c. Special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.
C.2. Any aggregate liability under these Terms of ANAAGA whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the product you have ordered from us.
C.3. This section IV. C. does not affect your statutory rights as a consumer. For more information on these rights please contact your local office/agent for consumer rights (if any).
D. ASSIGNMENT, SUBCONTRACTING ETC.
D.1. We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
E. EVENTS BEYOND OUR REASONABLE CONTROL
E.1. ANAAGA won’t be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
F. WHOLE AGREEMENT
F.1. These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
F.2. We each acknowledge that, in agreeing to these Terms, neither of us relies on any statement, representation, assurance or warranty ("Representations") of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
F.3. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
G. GOVERNING LAW AND JURISDICTION
G.1. These Terms and all transactions relating to the Website are governed by Portuguese law and you, and we, hereby submit to the non-exclusive jurisdiction of the Portuguese courts.
H. WRITTEN COMMUNICATIONS
H.1. When using the Website, you accept that communication with us will be mainly electronic, by email or by posting notices on the Website. You agree to this electronic means of communication for contractual purposes and you acknowledge that all communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
I. WAIVER
I.1. If we fail, at any time during the term of our contract, to exercise any of the rights or remedies to which we are entitled pursuant to the Terms or to insist upon strict performance of any of your obligations under the contract or any of these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
I.2. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
I.3. A waiver by us of any default shall not constitute a waiver of any subsequent default.
J. SEVERANCE
J.1. Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
K. AMENDMENTS TO THESE TERMS & CONDITIONS
K.1. We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the products in question from us.
