The Small Print: Refunds & Returns, Terms, Privacy Policy

 
Cancellations, Refunds & Returns

 
1. Cancellations
To cancel an order you have placed with aportugueseaffair.com, you must contact us using our contact form. Every effort will be made to accommodate the cancellation of your order as long as it has not yet shipped. When contacting aportugueseaffair.com to cancel an order, please provide your name, the order number, and your contact information.

 
Please note that if the item has shipped, the order cannot be canceled. In this case, you can request to return the item for a refund (minus shipping costs).

 
2. Shipping Policy for In­stock Items
All items indicated to be in­stock are usually shipped within 48 business hours. A confirmation email is sent once the item leaves our warehouse. This email will not only confirm that the item has left our warehouse, but will also provide the USPS tracking number for your item along with an estimated delivery date (according to USPS, and based on the shipping method you selected).

 
IMPORTANT: As inventory fluctuates hourly, an item indicated as “in­stock” when you place your order may, in fact, be out ­of ­stock. In this very unlikely event, we make every effort to contact you by email immediately to notify you that your order will be canceled.

 
3. Returns Policy for Non-Earring Items
We really pride ourselves on our quality materials and customer satisfaction. Some products (for earrings, see below) you buy from aportugueseaffair.com come with a 30 day limited warranty. The warranty applies to products that have been confirmed as defective by aportugueseaffair.com, which may be repaired or replaced (at our sole discretion).
For assistance or to exchange a defective product, please contact us using the Contact form, citing your name and order number.
 
If you simply change your mind, you may use the contact form to state your intention to return the products within 30 days. Please note that the cost of returning the products will be your responsibility. aportugueseaffair.com will refund the cost of the products provided they are in their original condition and box.

 
Returns Policy for Earrings
There will be no exchanges or refunds on earrings for any reason due to hygiene reasons. All earrings sold by aportugueseaffair.com are sold as ­is without any guarantee. By making a purchase with aportugueseaffair.com, you are confirming that you have read and understand our no refunds policy and that all earring sales are final. If there is an issue with your earrings, please use the Contact form to contact us directly and we will do our best to rectify the situation.

 
 
Terms & Conditions
A Portuguese Affair (“aportugueseaffair.com”) owns and operate this Website. This document governs your relationship with aportugueseaffair.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

 
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by aportugueseaffair.com. aportugueseaffair.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at below. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

 
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and aportugueseaffair.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

 
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of aportugueseaffair.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by aportugueseaffair.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

 
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

 
In order to contract with aportugueseaffair.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. aportugueseaffair.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be aportugueseaffair.com or may in some cases be a third party. Where a contract is made with a third party, aportugueseaffair.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

 
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

 
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

 
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law aportugueseaffair.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect aportugueseaffair.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with aportugueseaffair.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to aportugueseaffair.com.

 
Indemnity
You agree to indemnify, defend and hold harmless aportugueseaffair.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

 
Variation
aportugueseaffair.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments using our contact form.

 
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and aportugueseaffair.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of aportugueseaffair.com.

 
 
Privacy Policy

aportugueseaffair.com (“we”, “us” or “our”) respects your privacy and will take reasonable steps to protect your information.

 
By using our Website or Services, you are accepting the practices described in this Policy. If you do not agree with this Policy, delete all cookies from your browser cache after visiting our Website and do not visit or use our Website or Services. Your continued use of our Website or Services signifies your acceptance of this Policy.

 
1. Information collection and use

Broadly speaking, we collect information in three ways: (1) when you provide it directly to us, (2) when we obtain verification information about you or your company through trusted third parties (e.g. banks, credit bureaus), and (3) passively through technology such as “cookies”.

 
Personal Information

The term “Personal Information”, as used in this Policy, refers to any information that can be used to identify a specific person, or any anonymous information (e.g., IP Address) that is linked to a specific person. Personal information does not include information that has been aggregated or made anonymous such that it can no longer be reasonably associated with a specific person.

 
Cookies and Web Server Logs

Similar to many commercial websites, we utilize “cookies” and other technologies to collect non-personally-identifiable information from our Website. “Cookies” are a feature of web browser software that allows web servers to recognize the computer used to access a website. Cookies store information accessed through your browser to streamline activities on related web sites, and make the online experience easier and more personalized. Information gathered through cookies and web-server log files may include information such as the date and time of visits, the pages viewed, IP addresses, links to/from any page, and time spent at a site. We use cookie data to measure web traffic and usage activity on our Website for purposes of improving and enhancing the functionality of our Website, to look for possible fraudulent activity, and to better understand the sources of traffic and transactions on our website. Cookies also allow our servers to remember your account information for future visits and to provide personalized and streamlined information across related pages on our Website. Log files are used to monitor, measure, analyze, improve, and troubleshoot our Services. You can choose to disable cookies for our Website but this may limit your ability to use our Website and Services; see below in “Choice and opt-out”.

 
In order to understand and improve the effectiveness of our advertising, we may also use web beacons, cookies, and other technology to identify the fact that you have visited our Website or seen one of our advertisements, and we may provide that information to one or more third party advertising networks. The information we provide may include the time and date of your visit to our website, pages viewed, links clicked and other non-personally identifying information. Those advertising networks may recognize the web beacon or cookie associated with your visit to our Website when you visit other websites on which they serve advertising, and they may make decisions about the advertisements you see based on it. We may choose to work with Google AdWords, Doubleclick, AdRoll or other advertising networks. Each of these companies has its own privacy policy, which we encourage you to review. For more information about advertising and tracking online, visit the Network Advertising Initiative. This website allows consumers to “opt out” of the behavioral advertising delivered by member companies. Additional information on that program can be found here.

 
Website Visitors

To simply browse our Website, you are not required to provide any Personal Information. However, we may gather non-personally-identifiable information, as described directly above, just for the purposes of monitoring and improving our Website and Services. We will not share this information with third parties except as a necessary part of providing our Website and Services, nor will we use it to target any advertisements to you.

 
Checkout Users

When you use Stripe Checkout on aportugueseaffair.com to store your payment credentials, Stripe will gather and store your payment card information, your email address, your mobile phone number, and billing and shipping address. They will use this information to complete purchases that you choose to make on other websites or applications that also use Stripe Checkout, but only with your permission. Stripe may also share your contact information, but not your card information, with aportugueseaffair.com as part of your purchases. Stripe will not share this information with other third parties except as a necessary part of providing their Website and Services.

 
2. Sharing and disclosure of information

Neither aportugueseaffair.com or Stripe sells or rents your Personal Information to marketers or third parties.

 
We may share your Personal Information with trusted third parties who are integral to the operation of our Website and Services, including but not limited to financial institutions, payment processors, verification services and credit bureaus, as well as any third parties that you have directly authorized to receive your Personal Information. We may store your Personal Information in locations outside the direct control of Stripe, for instance, on servers or databases co-located with hosting providers.

 
We may disclose your Personal Information to law enforcement, government officials, or other third parties if: (i) we are compelled to do so by subpoena, court order or other legal process, (ii) we must do so to comply with laws, statutes, rules or regulations, including credit card rules, (iii) we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Services Agreement.

 
We will only disclose your Personal Information in response to such a request if we believe in good faith that doing so is necessary to comply with applicable law or a legal obligation to which we are bound. If we receive such a request, we will use reasonable efforts to give you prompt notice, so that you may contest it if you choose. We won’t provide you such notice if we determine in good faith that either (a) we are not permitted to provide it under applicable law, or (b) that doing so would result in an imminent risk of death, serious physical injury or significant property loss or damage to aportugueseaffair.com or a third party.

 
In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar events, any information in our possession may be transferred to our successor or assign.

 
3. Choice and data retention

We are required to collect certain Personal Information to confirm your identity and comply with our obligations. If you elect to not provide Personal Information in optional fields it may limit your ability to use our Services.

 
If you wish to opt out of having cookies set on your browser (as described above), the only way to ensure that this happens is to manage the settings on your web browser to delete all cookies and disallow further acceptance of cookies. For more information, refer to your browser’s technical information. You may also consider visiting aboutcookies.org, which provides helpful information about cookies. Note that disabling cookies on your browser prevents aportugueseaffair.com from tracking your activities in relation to our Website and Services. However, it may also disable many of the features available through our Websites and Services. We therefore recommend that you leave cookies enabled.

 
4. Protection of information

Although no data transmission can be guaranteed to be 100% secure, we take reasonable steps to protect all Personal Information. Access to information is limited (through user/password credentials and software systems) to those employees who require it to perform their job functions. aportugueseaffair.com uses industry-standard Secure Socket Layer (SSL) encryption technology to safeguard the account registration process and sign-up information.

 
5. Changes and notifications

We reserve the right, in our sole and absolute discretion, to make changes to this Policy from time to time. Please review this Policy periodically to check for updates. If any changes are material and/or retroactive, we may provide additional notice and/or an opportunity to “opt-in,” as appropriate under the circumstances.