Terms of Use & Privacy Policy

Terms and Conditions

These TERMS OF USE contain the general terms and conditions applicable to the use of services for the purchase of products offered by Bortolaso & Kliemann, registered in CNPJ under the number 26.486.614/0001-19, located at Avenida Léo Kraether, 3300, Country, Santa Cruz do Sul, Rio Grande do Sul, Brazil. Bortolaso & Kliemann offers the sale of cut and polished precious stones via e-commerce, through the portal www.bortolaso-kliemann.com.

Any person, hereinafter referred to as USER / CONSUMER / CLIENT / MEMBER, who intends to use the services of Bortolaso & Kliemann, must accept these TERMS OF USE and all other policies and principles that govern it.

The acceptance of the TERMS OF USE is obligatory and indispensable for the use of the site and its services.

By using the services of Bortolaso & Kliemann, the user assures that he / she is aware and in agreement with all the content and conditions defined in these TERMS OF USE.

It is important to note that this term is available at the end of the main page and in the “Contact” link for any user, regardless of previous registration.

1 – THE COMPANY

1.1 – Bortolaso & Kliemann sells its products in a virtual store, through its website www.bortolaso-kliemann.com, to its registered users.

2 – THE USER

2.1 – The USER undertakes to notify Bortolaso & Kliemann, immediately, and through secure means, of any unauthorized use of third party access to Bortolaso & Kliemann. The USER will be solely responsible for the operations performed in his account, as this knowledge is exclusive to the user.

3 – THE REGISTRATION

3.1 – In order to purchase products, the user must register as a Bortolaso & Kliemann MEMBER. The registration will be confirmed by email after the correct and complete completion of all requested data. The user is responsible for ensuring that the data is accurate, precise and true, and properly updated. After completing the registration process the user / member will receive a confirmation of his / her registration by email and will receive a password.

3.2 – Bortolaso & Kliemann undertakes not to assign or market, in any form, individual information of registered users. However, the user agrees that the Internet, as a worldwide computer network that anyone can access, is not a completely secure medium. When using the website, Bortolaso & Kliemann shall not be held responsible under any circumstances for damages of any kind, including, but not limited to, those resulting from the use of such data by third parties or lost data of registered users, resulting directly and indirectly from your browsing access through the site. However, Bortalaso & Kliemann ensures that it has technical resources to prevent or reduce the inherent risks of the Internet.

4 – TO ORDER AND PURCHASE

4.1 – For custom purchases, the USER must contact Bortolaso & Kliemann by email at info@bortolaso-kliemann.com, and thus, obtain the information deemed necessary to finalize the purchase, as well as, declare to have accepted the conditions established in the TERMS OF USE. Following these steps and confirmation of payment the order will be sent to the customer within 4 (four) business days, or according to the agreed time between Bortolaso & Kliemann and the user during the negotiation process.

4.2 – When purchasing a product through the website, the user declares to have accepted the TERMS OF USE, and after the conclusion of the purchase and confirmation of payment, the request will be sent within a period of up to four (4) business days.

4.3 – The user declares to be aware that it is understandable and acceptable that some orders may be delayed, since we depend on the agility of the DEPARTMENT OF BRAZILIAN FEDERAL REVENUE in the release of the orders, and the INTERNATIONAL AND BRAZILIAN POST OFFICES concerning the deliveries.

5 – PRICE AND DELIVERY CHARGE

5.1 – For orders placed at the Bortalaso & Kliemann online store, the prices listed at the time of your order on the products page apply. Prices are final prices including taxes and all other price components. This excludes delivery costs. These are charged separately for your order, and are mainly determined by location, size, weight and method of delivery. Delivery costs will also be indicated on the products page.

5.2 – Bortalaso & Kliemann reserves the right to cancel the contract if delivery fails three times due to customer failure.

5.3 – Bortolaso & Kliemann asks the client to immediately inform the delivery agent and Bortolaso & Kliemann by email at info@bortolaso-kliemann.com, regarding damage incurred during shipping.

6 – OF THE PAYMENT

6.1 – The purchase of the products will take place through the service of the company responsible for payment management, nominated PayPal.

6.2 – Payments through account deposit or online transfer will also be accepted by Bortolaso & Kliemann, provided that the user requests the bank details and other information. The service channels for payment information are via email at info@bortolaso-kliemann.com or through the "Contact" link available at www.bortolaso-kliemann.com.

6.3 – Bortolaso & Kliemann cannot intervene in the results of the user's relationship with the company responsible for payment management, in this case PayPal, as it manages its operations independently of Bortolaso & Kliemann, therefore, we cannot guarantee that the services will be free from error, interruption, malfunction, delay or other intercurrences.

7 – EXCHANGES AND RETURNS POLICY

7.1 – Customer satisfaction is the main priority of Bortolaso & Kliemann, aiming at a respectful partnership and satisfaction in the purchases, therefore, we ask customers to pay attention to the following product requirements before completing their purchase: product colour, description and technical data, product dimensions, price, postage rate, among others.

7.2 – The refusal of your request may occur for several reasons as mentioned in the list below. Remember that the right of refusal should be exercised upon receipt, otherwise it will not be classified as a refusal, but rather as regret, as long as it meets the legal deadline.

Reasons for refusal: product damaged in transport; missing items; violated packaging; product in disagreement with the request; lack of invoice.

7.3 – Bortolaso & Kliemann prompts the customer to immediately inform the delivery agent, as well as Bortolaso & Kliemann by email at info@bortolaso-kliemann.com, about the reason why he refused to receive the product.

8 – REPENTANCE POLICY

8.1 – If there is any cause for regret of purchase or dissatisfaction with the product, Bortolaso & Kliemann is pleased to offer its customers a return policy of seven (7) days from the date of receipt of the merchandise. The customer should therefore contact Bortolaso & Kliemann by email at info@bortolaso-kliemann.com informing and justifying the reason for the product's dissatisfaction.

8.2 – Transportation, insurance and other fees or costs for situations classified as regret shall not be reimbursed to the customer.

8.3 – The customer will be responsible for the return of the goods, being required to hire a specialized freight service (post office, FedEx, UPS, DHL, etc.) with posting record. The return package should be appropriate and resistant, thus protecting the product from possible damage during the return transport. The purchase invoice must also return with the goods to Bortolaso & Kliemann.

8.4 – Bortolaso & Kliemann will not be responsible for the exchange of products that have suffered damage due to misuse. The deadline for the client to inform about what happened should be done the same day the product is received via email at info@bortolaso-kliemann.com. In the situations of DAMAGED products, Bortolaso & Kliemann will not have the obligation to make a product exchange in case of complaints made after the day of receipt of the merchandise.

9 – USER OBLIGATIONS

9.1 – By purchasing through the website the user declares himself / herself aware about the conditions of receipt and / or use of the service and / or products published on the website.

9.2 – The user declares to be aware of the term of delivery of the products.

9.3 – The USER declares to be aware of the acceptance of exchanges of the orders, as follows:

9.3.1 – All shipped products undergo a rigorous and thorough inspection, thus, at the moment of shipping they are free of damages and according to the request and description that will appear in the WARRANTY CERTIFICATE.

9.3.2 – All products will be shipped in sturdy and suitable packaging. Therefore, we request that the user refuses to receive the merchandise in case the postage packaging is damaged or violated during the process of transport by the Post Office, and please, let us know about it immediately by email at info@bortolaso-kliemann.com.

9.4 – The user declares to be responsible for correctly informing the shipping address, if this is not correct, Bortolaso & Kliemann reserves the right to re-charge the freight for the shipment of the goods.

10 – RESPONSIBILITIES

10.1 – It is the responsibility of the user to contact Bortolaso & Kliemann in case of doubts, before the purchase, for any clarifications, as complaints will not be accepted after confirmation of the purchase.

11 – PENALTIES

11.1 – Any user who disrespects the applicable legislation and / or the commitments assumed herein, will be subject to the penalties provided in this TERM OF USE, without prejudice to civil and criminal liability for the consequences of their acts and / or omissions. Bortolaso & Kliemann may also warn, suspend or cancel, temporarily or permanently, the provision of services at any time.

12 – PRIVACY INFORMATION

12.1 – Bortolaso & Kliemann guarantees not to inform and / or make available the personal data and / or credit card of the users to third parties. The data of the users will be of exclusive use of Bortolaso & Kliemann for the contact with its members.

12.2 – Bortolaso & Kliemann shall not be responsible for the improper use of user data as a result of illegal violation committed by third parties on the website www.bortolaso-kliemann.com.

12.3 – Any activity that violates or contravenes the intellectual property laws and / or prohibitions stipulated in these TERMS OF USE, will make the person responsible liable for the pertinent legal actions, as well as the sanctions provided herein, and will be responsible for any damages caused.

13 – GENERAL PROVISIONS

13.1 – These TERMS OF USE do not generate any partnership agreement, franchise or employment relationship between Bortolaso & Kliemann and the user. The user is aware that Bortolaso & Kliemann operates in the marketing of precious gemstones supplied on request and / or the website.

14 – INTELLECTUAL PROPERTY

14.1 – The use of the Bortolaso & Kliemann brand as well as all the content of the website are Bortolaso & Kliemann's properties, and are protected by international laws and treaties of copyright, trademarks, patents and models. Misuse and total or partial reproduction of these contents is prohibited, unless expressly authorized by Bortolaso & Kliemann.

If you have any questions or need more information, please contact us at info@bortolaso-kliemann.com. Our office hours are from Monday to Friday, from 8 am to 6 pm (Brasília time – Brazil).

Thank you for your preference and we wish you a pleasant shopping experience!

Sincerely,
Bortolaso & Kliemann


Privacy Policy

1. The bortolaso-kliemann.com website respects the privacy of its users and protects them in all activities with the highest priority within the Internet. This means that we are committed to treating all information provided by you with the highest integrity. This also includes cooperation with partners and third parties. The bortolaso-kliemann.com website, however, does not take on the responsibility of third parties.

2. The bortolaso-kliemann.com website collects, stores and processes personal data and does not collect, store or process financial data. The collected, stored and processed personal data is in accordance with the applicable statutory provisions, and to the extent necessary to satisfy the contractual relationship between the provider and the user, or to provide the required services. Data that the user places in the shopping cart may be used by bortolaso-kliemann.com solely for their own marketing purposes. Personal information means any reference that the client of bortolaso-kliemann.com provides to us and that can be used to identify an individual (first and last name, address, landline and cell phone numbers). Personal data will be transferred through the SSL encryption system, over the Internet. We protect our website and other systems through technical and organizational measures against loss, destruction, access, modification and distribution of your data by unauthorized persons. Despite regular checks, a full defence against all hazards is not possible.

3. The bortolaso-kliemann.com website will inform the user regularly about special sales events. The user has the right to refuse to receive messages about sales events.

4. Every user may refuse the use of his data for advertising purposes at any time, without any explanation, by sending an e-mail to info@bortolaso-kliemann.com. There is an explanatory note about this in all sent e-mails.

5. As a member of bortolaso-kliemann.com you can invite friends and family to get to know the site. Be careful to invite only real and physical people. The invitation will be sent with your first and last name.

6. Collection of Information - Information collected by our site may include: i. Any personal data displayed on the site, such as name, address, e-mail address, etc. ii. Your IP address, referrer, web pages you visit and any other data normally stored in the site's logs. iii. Under no circumstances will we have the payment details, such as credit card number, expiration date, and security code.

Any information we collect will be used in accordance with applicable laws for the following purposes: a) To comply with legal requirements. b) In certain cases, we may use your email address to send information about our products and services. c) When we need third parties to assist us in the processing of your personal information, we require that they comply with our Privacy Policy and other appropriate security measures. d) We will keep your information for as long as your account is active. If you wish to cancel your account, please contact us at info@bortolaso-kliemann.com.

7. Information security - Bortolaso & Kliemann maintains a strict "no spam" policy. We do not share, sell, lease, or market IPs with third parties for promotional purposes. We take industry-standard security measures to protect against unauthorized access or unauthorized alteration, disclosure or destruction of data. The measures include internal reviews of our data storage practices, collection and treatment and safety measures, as well as physical security measures to protect against unauthorized access to the systems where we store personal data. No method of transmission through the Internet or electronic storage is 100% secure. Therefore, we cannot guarantee your absolute safety. We limit access to personal data to contractors and agents that need to know this information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to disciplinary action, including denunciation and criminal prosecution, if they fail to comply with these obligations.