Terms & Conditions
These Terms and Conditions are intended to govern your use of the Site. Users are invited to read the Terms and Conditions before continuing to browse the Site cika.pt (the “Site”). Access to and browsing the Site, in fact, imply the users’ acceptance of the provisions indicated below.
The Site is owned by Olho Azul, Lda, with registered office in Rua da Igreja 104, 9900-302 Capelo, Portugal (hereinafter referred to as "Cika").
Users who disapprove of the contents of the Terms and Conditions are invited to promptly suspend their browsing the Site.
Purposes and Functions of the Site
Cika uses the Site to promote the sale of products and collections of the Cika brand. Additional functions are provided within the Site, such as, for example, the possibility of registering on the Site by activating a personal account in order to access reserved areas and content, newsletter services relating to the products and initiatives of Cika, participation in promotional initiatives.
Intellectual property rights
All registered or unregistered trademarks, as well as any and all intellectual property, distinctive mark or name, image, photograph, written or graphic text and more generally any other intangible asset protected by laws and international conventions on intellectual property and industrial property, reproduced on the Site remain the exclusive property of Cika and/or its assignors, without the access to the Site and/or the conclusion of any Purchase Agreements giving the Customer any right to the same. Any use, even just partial use, of the same is prohibited without the prior written authorisation of Cika which enjoys all the related rights on an exclusive basis.
Third-Party Content
The Site may include, use or display content created by third parties, information obtained from public sources and/or links to external sites or web pages managed by third parties. Cika does not exercise any control or monitoring over the contents of third parties and therefore assumes no responsibility for the accuracy, security or reliability of the contents of third parties and cannot guarantee, and does not guarantee, that such contents are free from viruses or other functions capable of damaging users’ data and/or assets.
Cika declines all liability with respect to any loss or damage arising from or connected with the user’s access, use and reliance on any third-party content.
Guarantees
Cika does not acknowledge any guarantee that the Site, including its contents, services and functions, is free from interruptions, that any defect found therein will be corrected or that a user's use of the Site will produce any specific result.
In addition to the foregoing, Cika does not acknowledge any express or implied warranty of the Site’s accuracy, completeness, non-infringement of third party rights, merchantability or fitness for a particular purpose.
Use of the Site
Users may use the Site exclusively for personal use, not for any commercial purpose and which in any case is fully compliant with the Terms & Conditions and all applicable laws.
Cika reserves the right to interrupt or suspend the access or use of the Site by Users, without any prior notice, if it deems it reasonable that a user has breached the Terms & Conditions or considers such action necessary for security reasons.
Changes to the Terms & Conditions
Cika reserves the right to modify, revise, add or delete the Terms & Conditions, at any time and without prior notice. Users are therefore invited to read the Terms & Conditions. If a user does not accept any of these changes, the user is invited to stop browsing the Site and no longer use any of its functions.
GENERAL TERMS AND CONDITIONS OF SALE
Introduction
Cika invites you to carefully read these General Terms and Conditions of Sale before proceeding with any purchase through the Site.
These General Conditions of Sale govern the remote sale of products on the site cika.pt (“Site”). The purchase of products through the Site is allowed only to natural persons who are consumers, that is to say, natural persons who act for purposes unrelated to the entrepreneurial, commercial, craft or professional activity that may be carried out.
The owner of the Site and the Seller is Olho Azul, Lda, company registered in Rua da Igreja 104, 9900-302 Capelo, in Portugal, NIPC: 516790005 ("Cika").
In case of questions the user can contact at all time Cika through the “Contact Form” menu located on the website or by sending an email to: info@cika.pt.
Only customers with the legal capacity to enter into binding agreements in compliance with the applicable law (“Customer” or “User”) are allowed to conclude a purchase order for products on the Site (“Order”).
Orders are governed by the General Terms and Conditions of Sale and by any regulations that may be applicable from time to time to an individual Order. Customers are requested to carefully read the General Terms and Conditions of Sale before completing an Order. Each Customer accepts and is bound, in fact, by the General Terms and Conditions of Sale when completing an Order.
The version of the General Terms and Conditions of Sale published on the Site at the time that the Customer sends the Order will therefore apply to each individual Order.
Cika products
All the products offered for sale are illustrated in detail on the Site, within the respective sections, divided up according to product categories and collections. On each product page the user can view their descriptions and technical information.
Resale of products purchased on the Site is prohibited.
Placing an order
To place an Order, Customers must follow the instructions on the Site. In particular, Customers can decide whether to proceed with registration on the Site following the instructions provided by the registration program and providing the data required therein or, alternatively, complete the Order as a guest without registering on the Site.
To place an Order, Customers must always fully complete and submit the order form on the Site.
Customers undertake to carefully verify the correctness and accuracy of the data entered, and also to promptly inform Cika of any error in such data. Any higher costs for the execution of the Order caused by the imprecision of the data provided by the Customer and/or shown in the Order Confirmation may be charged to the latter.
The order form sent by the Customer has the value of a contractual proposal and entails full knowledge and full acceptance of the General Terms and Conditions of Sale. Cika reserves the right to accept (or not) this proposal.
The contract for the sale of the products between Cika and the Customer shall be considered entered into only with the subsequent sending to the Customer of an order confirmation by Cika via email (“Order Confirmation”).
The Order Confirmation sent to the Customer contains all the essential data about the Order, including, by way of example, the list of products purchased, the price of the products, any shipping costs, the Customer's identification data and the billing/delivery address.
The Order Confirmation will bear a unique Order identification number, which must be reproduced in any subsequent communication to Cika by the Customer.
Prices
The prices of the products that can be purchased on the Site, including VAT (where applicable), are indicated on the same Site in a clear and transparent manner.
The delivery costs are made known to the Customer during the Order checkout phase and confirmed in the Order Confirmation. The cost of each shipment may vary depending on the delivery method and also on the place of delivery and/or the total amount of the Order.
Any changes to the prices of products will take effect from the date the new prices are published on the Site.
Payment Methods and Billing
For the payment of the cost of the Products and the relative shipping and delivery costs, the Customer may use one of the methods indicated on the order form. Some payment methods are only available in certain countries. Any payment methods that are not available cannot, in any case, be selected by the Customer during the appropriate check-out phase.
Cika charges the purchase price at the time of the Order confirmation.
Cika uses a primary payment gateway to authorize payments for Orders. Therefore, Cika does not directly manage any financial information about the payment method used by the Customer, nor does the Site process any financial information forwarded by the Customer in order to complete the Order.
To ensure maximum security in purchases, payment information sent over the internet is encrypted by the SSL (Secure Socket Layer) protocol. All data is transferred in an encoded form using this SSL certificate and therefore cannot be intercepted by external parties.
In the remote event of any errors, negligence or unlawful act by the payment gateway and payment intermediation systems for the management of the transaction associated with an Order, Cika cannot be held liable for such error, negligence or unlawful act.
Shipping & Delivery
Cika delivers the products to the countries indicated on the Site.
The delivery times indicated in the order are only a rough guide and are not binding. Delivery times vary depending on the destination of the delivery and are in any case only a rough guide, as the delivery times may be extended. Delivery times may vary for different reasons (for example, weather conditions and strikes).
No liability may therefore be attributed by the Customer to Cika in the event of delay in dispatching an Order or in the delivery of the Products purchased.
The products ordered will be sent to the postal address specified by the Customer. When Cika hands over the Order to the courier, Cika will promptly send the shipment Confirmation.
Orders are delivered only on working days using the courier indicated in the purchase procedure. Delivery is deemed to be completed when the Product is made available to the Customer at the address specified in the Order.
At the time of delivery of the Products by the courier, the Customer is required to scrupulously check that the number of pieces delivered corresponds to what is indicated in the transport document and that the packaging is not damaged or otherwise altered.
Any damage to the packaging and the Products or the non-correspondence of the number of pieces/packages or information must be immediately reported by the Customer, who may contact Cika through the Customer Service specifying the Order for which such issues have occurred.
Cases of force majeure, unavailability of means of transport, as well as unforeseeable or unavoidable events that lead to a delay in deliveries or make deliveries difficult or impossible or cause a significant increase in the cost of delivery to be borne by Cika, will entitle the latter to split, postpone or cancel, in whole or in part, the scheduled delivery or to cancel the Order.
In such cases, Cika will be responsible for promptly and adequately communicating its decisions to the email address specified by the Customer and the latter will be entitled to a refund of the price already paid, and – without prejudice to any other mandatory regulatory provision – the Customer shall be excluded from lodging any further claim of any sort against Cika.
Right of withdrawal
Within 30 (thirty) days from the date of delivery of the Order, the Customer can exercise the right of withdrawal from the purchase contract, without any penalty and without having to specify any reason.
In order to verify compliance with the aforementioned deadline, the delivery date of the products indicated on the website of the courier used will be valid.
If the Customer decides to exercise the right of withdrawal referred to above, he or she has to send a communication to the email address info@cika.pt.
The return of the Products is the responsibility of the Customer, who must then select a shipper and make the payment of the return costs.
For more detailed information, Customers are invited to consult the return procedure section on the Site (cika.pt/pages/exchanges-and-returns).
The Owner only accepts returns of garments that have not been used, worn or damaged. In particular:
- The returned products must be returned with security seal, packaging and accessory received with the Order.
- Products, labels, security seals, packaging and accessories must not show any signs of use, or scratches, or have been altered in any way (worn, cleaned, etc.).
Personal data processing
Customer data is processed by Cika in accordance with the provisions of current legislation on the protection of personal data, as specified in the information contained in the “Privacy Policy” (cika.pt/pages/privacy-policy) section.
Communications and complaints
To present any compliant or suggestion Customers are invited to send an email to info@cika.pt.
Cika undertakes to satisfy the Customer's requests and needs, where possible, and to resolve any dispute with the Customer in a most amicable manner possible.
The European Union provides consumers with a platform to file complaints in relation to a product purchased online and find a solution through an independent dispute resolution body: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN