1. INTRODUCTION
The following General Terms and Conditions of Sale govern the offer and sale of products on our web site ("www.GUALY.com"). The products purchased on GUALY.com are directly sold by DESIGN 4P, Design and Luxury Products, Lda, the proprietary company of “GUALY” website.
DESIGN 4P is registered at the registry office of Mafra, Portugal, under the number AP.10/20090303, Tax code and VAT number PT508904129. The registered office of DESIGN 4P is located at Rua do Valinho, 7. F, Póvoa da Galega, 2665-364 Milharado (Lisbon district). Requests for information should be made through our Customer Service: click here to contact Customer Service.
If you need any assistance, go to the Customer Service area, where you will find information on orders, shipping, refunds and returning products purchased on gualy.com, as well as other general information on the services provided by gualy.com. Remember you can also contact GUALY by e-mail (customerservice@gualy.com).
Changes to these General Terms and Conditions will only be effective if they are confirmed by us in writing. This also applies to any change to this clause.
2. ORDERING (CONCLUSION OF A PURCHASE AGREEMENT)
2.1. In order to place an order for the purchase of one or more products on gualy.com, you must fill in the online order form and send it electronically to GUALY, following the relevant instructions.
The order form contains a link to these General Terms and Conditions of Sale, and also contains information on the main characteristics of each product ordered and the relevant unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and shipping costs, and references to the terms and conditions for returning purchased products.
2.2. An order shall be deemed submitted when GUALY receives your order form electronically and the order’s information has been verified as correct.
Before submitting your order form for the purchase of products, you will be asked to carefully read and agree with the General Terms and Conditions of Sale.
The order form will be filed in our database for the time required to process your order and as provided by law. You may access your order form by clicking on the section called Order Status in My Account or Order Tracking in the Customer Care area.
After your order form has been submitted, GUALY will process your order.
2.3. GUALY may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that GUALY has not carried out your purchase order specifying the reasons therefore.
2.4. By submitting an order form to GUALY, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale in your contract with GUALY. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on gualy.com.
By submitting an order form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on gualy.com, also through links, including the Privacy Policy and Return Policy.
2.5. Upon submission of an order form, GUALY shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form.
3. PRODUCT INFORMATION AND AVAILABILITY
Gualy.com offers for sale exclusive jewels, with GUALY proprietary design. These products are created and developed by GUALY and produced by manufacturers, carefully selected for their manufacturing quality and sustainability practices. All the products are exclusively available on-line and are not sold through intermediaries. GUALY jewels are also not available in any other stores.
The main characteristics of products are shown on gualy.com on each product page.
In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, colour and size may vary slightly.
4. PRODUCT WARRANTY
Each GUALY exclusive design jewel will always be sent to you accompanied by a product guarantee. The guarantee is valid for a period of two years from the date of purchase. The guarantee contains detailed information about your jewel: the gold or silver purity content as well as the natural gems employed and total carats.
GUALY fully guarantees the manufacture and covers material defects for jewels purchased from GUALY on-line store. The warranty only covers damage that is not caused by accidents, inappropriate use or wear and tear. Depending on the degree of damage to the warranted product, the feasibility and the availability of replacement parts, it will either be repaired or replaced by a piece of the same value.
This guarantee service is free of charge. The damaged product should be sent to GUALY (please consult the customer service section for detailed instructions). The jewels should be sent by certified mail and insured, as GUALY cannot be held liable for damage, loss or theft occurring during transport.
In the event of inconsistencies with any details provided through other means, these warranty terms and conditions supersede any other information.
5. PRODUCT PRICES
Prices are subject to change. Check the final price of sale before sending the relevant order form.
Infrequently, data, including prices, may be inaccurately displayed on our site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur and we will not honour inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologise for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact one of our customer care consultants at customerservice@gualy.com.
6. VALUE ADDED TAX
VAT has already been included in the product price, as shown on all pages of the website and in your Shopping Bag. There will be no extra duties charged on your order.The VAT amount included in the final price of the products is 20%, the same as the local VAT rate in Portugal, the country of origin of the products that are sold by gualy.com
7. PAYMENT METHODS
Payment of the product prices and relevant shipping costs must be made by using one of the procedures indicated on the order form. GUALY currently accepts: Visa and MasterCard credit cards. We also accept debit cards backed by any of the previously mentioned companies.
You can also pay for an order with a GUALY Gift Card when purchasing on the GUALY website.
We guarantee the highest security level for every purchase. Payment data is collected through the most technologically advanced codification systems (SSL) and GUALY uses VeriSign secure server to ensure maximum protection.
For orders paid by Credit Card or Debit Card, GUALY online store will charge your card on the date on which the package is shipped.
8. INSURED SHIPMENTS
We fully insure each order. That means that each order shipment is always risk-free. For added security, a signature may be required upon delivery of your GUALY order. Please make arrangements for someone to be available at the shipping destination to sign for receipt.
9. PRODUCT SHIPMENT
For specific product shipping and delivery procedures, please visit the Customer Care area and read the Shipping Information. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.
10. INTELLECTUAL PROPERTY RIGHTS
All the content on the gualy.com website (illustrations, texts, names, brand names, images and videos) is the property of Gualy. Any partial or total reproduction of this content, by any means and on any platform, is subject to prior and express authorisation by Gualy.
All information, content, files and software offered by our services are protected by international law concerning intellectual ownership and copyright.
GUALY cannot give you the right to copy, display or distribute content to which that you do not have the intellectual rights. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.
11. ORDER CANCELATION AND RETURN POLICY
11.1. GUALY offers customers 30 days from the day their order is delivered to cancel or return their order. To return products we ask that you complete the online Return Form before shipping your return package to us.
11.2. It is necessary to return the items to GUALY by sending them back to the courier within thirty (30) days from the date on which the items are delivered to you.
The return right shall be deemed correctly exercised once the following conditions have been fully met:
- You must correctly fill in and submit the online Return Form.
- The products must be returned, complete and unused, in their original packaging, including the GUALY guarantee form, together with a print version of the Return Form, signed by you.
- Return items must be shipped back to GUALY within thirty (30) days from the date the package was delivered to you.
If the return right is exercised in conformity with the provisions set forth in this section, GUALY shall refund the amounts paid for the returned products.
11.3. For specific return procedures, please visit the Customer Care area and read the Right of Return Information. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your return form is sent.
11.4. The client is responsible for any damage done during the shipping of the returned goods. GUALY will not be responsible and cannot be held liable for loss or damage of return shipments. Except in the case that the product received is not the same as the ordered product, GUALY will replace your order with the correct jewel and will take responsibility for the returned goods, refunding as well the shipping costs you paid with your return.
11.5. Refunds are issued to the original method of payment: Credit/debit card transactions are refunded back to the credit/debit account. After the transaction is finalized from GUALY to your financial institution, the financial institution must post it to your account. Generally, this is processed within seven business days. Depending on their policies, posting may take up to thirty (30) days from the date we returned it to your financial institution.
11.6. GUALY is not responsible for the posting policies of your financial institution. If you have questions, contact your financial institution directly. In the event that your return does not comply with the terms and conditions set out in this section, you will not be entitled to any refund of amounts already paid to GUALY; you will be entitled, at your own expense, to receive back the products in the condition in which you sent them to GUALY. If you do not wish to receive the products back, GUALY shall be entitled to keep the products and the amount already paid for them.
12. PROTECTION OF PERSONAL DATA
We process your personal data fairly and lawfully. Please read our Privacy Policy.
13. GOVERNING LAW
These General Terms and Conditions of Sale are governed by European Community laws on certain aspects related to e-commerce.
14. AMENDMENTS AND UPDATES
The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on GUALY.com.