TERMS AND CONDITIONS
Please read carefully the Terms & Conditions contained on this page, which include our privacy and cookies policy, before ordering any products at www.tobiaswistisen.com. You should understand that by ordering any of our products you agree to be bound by these Terms & Conditions that will apply to all orders placed by the customer.
The Terms & Conditions can be updated from time to time without prior notice to you and therefore we ask that you agree to these each time, you purchase at www.tobiaswistisen.com. Any reference to « you » or « your » means the customer; any reference to « we », « us » or « our » means Tobias Wistisen, Lda. with head office at Avenida Comendador Ferreira de Matos 68, 2 FT, 4450-119 Matosinhos, Portugal, fiscal number 515031666.
GENERAL CONDITIONS
By placing an order on our website, you state that you are at least the age of majority in your country, have legal capacity, and you acknowledge having read, understood and accepted these Terms & Conditions which shall apply to all orders placed or to be placed at www.tobiaswistisen.com, for the sale and supply of any products. None of these Terms & Conditions affect your statutory rights.
Tobias Wistisen Lda. reserves the right to decline to process orders and/or provide services to anyone at any time.
ORDER & PRICES
All orders are placed through the website www.tobiaswistisen.com or via the email inquiries@tobiaswistisen.com.
All Tobias Wistisen products are made to order; we do not hold any stock.
The fabrication usually takes 4 to 6 weeks before shipment, depending on the product. We strive to fulfill your order in a timely manner. However due to the handmade nature of our products and the complexity of certain items, we ask the customer to be aware of this time frame.
Every order is processed by email exchange between the customer and the Tobias Wistisen team. You will provide us with the information necessary to complete the personalized order, such as information regarding the ring or bracelet size, billing and shipping addresses. We will provide you with the price of the product and the shipping cost.
When the order has been confirmed, you will receive an email detailing the price of the order and providing you with all the information for the payment transaction. Prices are established in Euros and all payments due should be carried out in that currency.
We are based in Portugal (Europe), so please note that local charges/taxes (such as sales tax, custom duty, etc) may be due depending on your country and local customs duties. These charges are at the customers’ own expense.
The order is final and binding after the payment is carried out. Once the payment is completed and the proof of payment has been sent to us by email, the production process will start.
Taking into account that the product is personalized and manufactured according to the customer specifications, the customer does not have the right to modify or cancel the order and there will be no refund of any amounts paid, regardless of the nature of said payment.
Should any problem arise in connection with the fabrication of the product ordered, we will inform you immediately.
Please note that if you are interested in a product not present on our website, you should not hesitate to contact us at inquiries@tobiaswistisen.com.
Tobias Wistisen Lda reserves the right to decline to process any order in the event that the payment was not approved or processed by the customer’s bank.
PRICE AND TITLE
The price of the product is the one displayed at a any given moment in the webpage. We make every effort to ensure that the pricing displayed on our website is correct, but errors may occur. If an error is detected whilst processing the order, the customer will be promptly informed so that the order may be confirmed or cancelled.
However, we reserve the right to change all product pricing without notice.
PAYMENT
All payments are done via bank transfer between the customer and Tobias Wistisen LDA or via paypal. All bank transfer fees are at the cost of the customer.
All information for the payment transaction will be sent by email to the customer after the order is confirmed. All the billing and shipping information must be provided by the customer by email when placing the order.
Shipping costs will be added to the product price, as specified below.
You will be responsible for any taxes, namely custom taxes, or any other amounts that may be charged by the competent authorities, as result of the purchase and shipment.
LOCAL TAXES
We are based in Portugal (Europe), so please note that local charges ( sales tax, custom duty, etc) may occur depending on your country and local customs duties. These charges are at the customers own expense.
SHIPPING
Tobias Wistisen, Lda ships worldwide using DHL Express.
When the order is ready to be shipped, you will receive an email with the DHL tracking number and the shipment details.
All the billing and shipping information are provided by the customer by email when processing the transaction.
The average transit times are 3 to 7 working days in Europe and 7 to 10 working days worldwide. Depending on the destination, custom clearance can add extra time.
The shipping costs will be determined depending on the delivery location and insurance value and will be informed to you by e-mail before you place the order.
REFUSED SHIPMENTS
The customer will always be responsible for the costs of the shipment, namely in the cases where the customer refuses the shipment or if the transport company sends the goods back to us because the delivery to the customer was not possible.
FORCE MAJEURE
As the delivery is provided by a third party, Tobias Wistisen, Lda. will not be held responsible for the shipment being delayed, lost or made impossible to deliver namely if that occurs for any reason beyond our control.
All products remain Tobias Wistisen’s property until the full payment has been made.
FABRICATION
As all Tobias Wistisen products are made to order, all orders are processed via email. Once the order is confirmed and paid in full, the customer shall send to us a proof of payment by email to inquiries@tobiaswistisen.com for the fabrication process to start. Failure to send us the proof of payment may cause a delay. Hereafter the product process will start and takes 4 to 6 weeks. When the order is ready to be shipped, you will receive an email with the tracking number and the shipment details.
CANCELING ORDER
You can cancel your order before any payment transaction. Once the payment has been made, the order is final.
We cannot be held responsable for any mistake in the size or any change of mind after the order has been confirmed and payed.
CUSTOMER COMPLAINTS
For all inquiries please contact us: inquiries@tobiaswistisen.com
WHO ARE WE
TOBIAS WISTISEN LDA
Avenida Comendador Ferreira de Matos 68, 2 FT,
4450-119 Matosinhos.
Portugal
NIF : 515031666.
WEB HOST
One.com
ADDITIONAL INFORMATION
Tobias Wistisen Lda. reserves the right to change any information, including prices, products, terms of purchases, technical specification and the products displayed without prior notification.
INTELLECTUAL PROPERTY
Tobias Wistisen Lda is the owner of tobiaswistisen.com. All the website content including the logo, texts, images, video and designs (except those that are identified with a third party link) are intellectual property of Tobias Wistisen Lda. and are protected by the applicable law to its full extent.
The copy and use of the materials listed above to any other server, location or support for publication, reproduction or distribution is prohibited without permission.
You are not authorized to copy, modify, distribute, transmit, display, perform, publish, license, exploit, create derivative works, reproduce, transfer any content from our website. You may not use any content of this website to advertise or to further any commercial purpose on our own website or social media.
GOVERNING LAW
These terms and conditions and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with the Portuguese Law.
September 2020
PRIVACY POLICY
The purpose of this Privacy Policy is to explain the way in which Tobias Wistisen, Lda ( hereinafter referred to as “Tobias Wistisen”) is going to process any personal data that might be collected by visiting and purchasing on our website available at http://www.tobiaswistisen.com/ (hereinafter referred to as “Website”). The right to privacy and the protection of personal data is very important for Tobias Wistisen. Your personal data will be processed in a strictly confidential way in accordance with the applicable legislation .
This Privacy Policy is only applicable to the Website and not to websites owned by third parties even if there is a direct link on the Website to such websites. We cannot be held responsible for the content of websites other than the Website. For more information on the processing of personal data by other websites, please read their privacy policies.
We want to ensure that all the data subjects whose data we process (hereinafter referred to as “Users”) are duly informed about how the processing of their data is carried out. After reading, if you still have any questions or you would like any clarification, please contact us at:
Avenida Comendador Ferreira de Matos 68, 2 FT, 4450-119 Matosinhos, Portugal
or
inquiries@tobiaswistisen.com
ABOUT US
Tobias Wistisen, Lda., a limited liability company registered under the number 515 031 666, with its registered office at Avenida Comendador Ferreira de Matos 68, 2 FT, 4450-119 Matosinhos, Portugal, acts as the controller for the processing of personal data of its Users.
PERSONAL DATA
“Personal data” is any information, of any nature and whatever their form, relating to an identified or identifiable natural person. An identifiable natural personal is one who can be identified, directly or indirectly, in particular by reference to a name, an identification number / tax payer number, location data, an online identifier or to other specific elements related to the physical, physiological, genetic or economic identity of that natural person.
COLLECTED DATA
In order to purchase at Tobias Wistisen, you will be required to provide valid and up to date personal information such as:
- Name, billing and shipping address, e-mail address, phone number;
- Payment information related to your order; and
- Any other information related to your purchase.
In addition, we may collect data related to interactions, such as cookies and IP address. For further information on cookies, please read our Cookies Policy.
PURPOSES TO PROCESS PERSONAL DATA
The personal data to which Tobias Wistisen has access to in its capacity of controller are processed in a lawful, fair and transparent manner toward the following purposes:
- To process your order and complete the transaction.
- To ensure the correct delivery.
- To fulfill tax obligations.
- To send you information about products which may be of interest to you.
- To answer questions and inquiries.
- To send transactional notifications in relation to your purchase.
- To manage billing and accounting.
- To prevent fraud and other prohibited or illegal activities.
- To provide you with other services that you may have requested.
- To protect the security of our website including your personal data, our business, our products or services.
LEGAL BASIS OF PROCESSING
Tobias Wistisen processes personal data of its Users based on at least one of the following grounds:
a) Consent: when we have obtained your express consent – in writing, orally or through the validation of an option – and previous and such consent is freely given, informed, specific and unambiguous.
b) Performance of a contract or pre-contractual procedures: whenever the processing of personal data is necessary for the conclusion, performance or management of the contract entered into with Tobias Wistisen, such as for the management of contacts/claims, invoicing/billing/payments;
c) Compliance with a legal obligation: whenever the processing of personal data is necessary to fulfil a legal obligation to which Tobias Wistisen is subject to, such as reporting to administrative, judicial and/or law enforcement agencies;
d) Legitimate interest: whenever the processing of personal data is necessary to safeguard a legitimate interest of Tobias Wistisen or of third parties, such as the improvement of the quality of the service or the detection of fraud.
Any personal information you make available to Tobias Wistisen is done so voluntarily, with your consent and knowledge when ordering products from us. The personal information you provide can be used to ensure the accuracy of your order(s) as well as facilitating the communication and deliveries.
ACCESS TO PERSONAL DATA
Except as otherwise stated, Tobias Wistisen will not share your personal information with any unaffiliated third party without your prior consent or unless required by law. We will never pass on, sell or swap your personal data for marketing purposes to third parties outside Tobias Wistisen.
SECURITY
Tobias Wistisen is committed to protect your personal data and we will only collect personal information that you wish to disclose voluntarily.
We will employ all reasonable technical and commercial measures to ensure that your personal data is used securely.
Tobias Wistisen will make all reasonable efforts to minimize the processing and retention time for your personal data.
RETENTION OF PERSONAL DATA
We process your personal data for as long as necessary for the purpose for which they were collected. However, Tobias Wistisen may store them for a longer period, whenever:
a) There is a time period determined by the law;
b) There is a time period recommended by the National Data Protection Authority (“CNPD”);
c) They are processed for statistical purposes; or
d) They are necessary for the declaration, the exercise or the defence of a right in judicial proceedings.
For example, Tobias Wistisen shall retain accounting or tax data or data related to commercial accountancy books for a period of 10 years.
As soon as the maximum storage period has elapsed, your personal data shall be irreversibly anonymised (anonymised data may be retained) or shall be securely destroyed.
YOUR RIGHTS
As a data subject you may, at any time, exercise the following rights:
a) Right of access – the right to obtain confirmation as to which of your personal data is processed and information about them; for instance, what are the purposes of the processing and what are the retention periods, amongst others;
b) Right to rectification – right to obtain the rectification of your personal data which is inaccurate or incomplete;
c) Right to erasure or ‘right to be forgotten’ – right to obtain the erasure of your personal data, unless there are valid grounds for storing your data. For example, Tobias Wistisen is required to keep the data to comply with a legal obligation or because judicial proceedings are ongoing;
d) Right to data portability – right to receive the data you have provided in a commonly used and machine-readable digital format, as well as the right to directly transmit such data, if technically possible;
e) Right to object – right to object to the processing of your personal data based on a legitimate interest, unless compelling legitimate grounds for the processing prevail over your interests, rights and freedoms, or for the defence of a right during judicial proceedings;
f) Right to restriction of processing – right to obtain restriction of the processing of your personal data, in the form of: (i) suspension of processing, or (ii) limitation of the scope of processing to certain categories of data or purposes of processing;
g) Right to withdraw the consent – if the processing of your personal data is subject to obtaining your consent, you have the right to withdraw it, without such withdrawal of consent affecting the lawfulness of processing based on consent before its withdrawal.
In order to exercise your rights, please contact us at info@tobiaswistisen.com and specify your claim (i.e. the right(s) you wish to exercise). The exercise of your rights is free of charge, unless the request
is manifestly unfounded or excessive, in which case Tobias Wistisen may charge a reasonable fee taking into account the costs.
The data subjects also have the right to lodge a complaint with CNPD (www.cnpd.pt) if they consider that Tobias Wistisen has breached the applicable data protection legislation.
UPDATE
Tobias Wistisen reserves the right to update or change this Privacy Policy at any time. We therefore recommend that you regularly check this Privacy Policy.
September 2020.
COOKIE POLICY
The website available at https://www.tobiaswistisen.com/ owned by Tobias Wistisen, Lda. (hereinafter referred to as “Website”) uses cookies and similar technologies in order to ensure the correct functioning of its services and to improve the navigation experience of the users.
This document provides detailed information regarding the use of cookies and similar technologies and how they are used.
COOKIES
Cookies are small text files downloaded and stored on the smartphone, tablet, computer, or any other data storage device with an operating system and Internet access, when using a Browser. The text files contain information on user and browsing preferences, but do not include personal data.
Cookies are essential for the user to access content and services. They are used to store user preferences (in terms of interests and preferences), which allows for faster and more efficient browsing. They do not damage the user's equipment and the fact that they are active allows identifying and resolving possible browsing errors that may occur.
Enabling the use of cookies while browsing our site is completely voluntary. The user can opt to accept or decline cookies. Most browsers accept cookies automatically, but the user can change the browser configuration to disable cookies. Please be advised that if cookies are disabled, browsing our site may not be optimal and some features may stop working.
PERSONAL DATA
In accordance with the applicable legislation related to data protection , cookies are considered personal data.
Namely, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation or GDPR) and Law no. 58/2019, of 8 August, which ensures the execution of the GDPR on the Portuguese legal system.
For further information on how Tobias Wistisen processes your personal data, the rights you have and how you may exercise such rights, as well as the safeguarding measures that have been implemented to assure the protection of your data, please read our Privacy Policy.
USE OF THE PERSONAL DATA
All your data is used for the purpose intended when you enter them, such as making a purchase on our Website. Tobias Wistisen and its subcontractors or partners are the entities that may have access to and use the information collected by cookies during 30 days.
No personally identifiable information is stored, as cookies are not used for direct advertising according to user preferences, nor for other advertising purposes (our own or third parties).
USE OF COOKIES
The user may, at any time, access the browser configuration options and disable part or all of the cookies on this Website. Furthermore, already set cookies may be deleted at any time via an Internet
browser or other software programs.
This is possible in all popular Internet browsers. Data subjects can, for example, find information about how to manage cookies in the most commonly used browsers at the following addresses: Google Chrome, Mozilla Firefox, Apple Safari and Microsoft Internet Explorer.
If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our Website may be entirely usable.
With regard to cookies installed by third parties, you can manage their preferences and withdrawal of your consent by clicking the related opt-out link (if provided), by using the means provided in the third party's privacy policy, or by contacting the third party.
TYPES OF COOKIES AND THEIR PURPOSE
Our Website uses cookies for several purposes. Some cookies are absolutely necessary to browse through the Website, use its services and perform its functionalities. Other cookies are not essential and could be used for statistical analytics or marketing purposes. We use the following cookies:
▪ Essential Cookies allow the user to browse the Website and use features such as access to the secure areas of the Website, as well as the personal area. Without these cookies, the Website’s features do not work properly.
▪ Anonymous Analytical Cookies allow Tobias Wistisen to obtain aggregated data for statistical analysis and site improvement.
▪ Functional Cookies allow for easy and personalized browsing by saving user preferences of the site.
▪ Third party cookies are used because Tobias Wistisen uses third party components. Thus, there are cookies from other entities such as YouTube, Facebook, Twitter, Google Analytics, APPRL, among others, that use cookies that are different from the cookies managed by Tobias Wistisen.
▪ Session Cookies can be temporary or persistent. Temporary session cookies are used to collect data during browsing and remain in the device until the user leaves the site. These cookies are deleted when the user closes the browser window. Persistent cookies remain in the device. They are essential for analysis and for the Website to adapt to user preferences and interests.
▪ Advertising Cookies are used for targeted advertising according to user preferences and browsing habits.
LIMITATIONS OF LIABILITY
We do not guarantee, nor shall we be liable for damages or harm of any nature that may result from the following circumstances:
a) Lack of operation of the website or its incorrect performance;
b) Lack of usefulness, suitability or validity of the services and content provided on the website regarding the results and expectations of the data subject;
c) Existence of viruses or programmes on the data subject’s computer.
We shall not be liable, in any circumstance, including negligence, for loss of business, access, benefits, data, for indirect, secondary, special or consequential damages resulting from the access or use of services of the website, or that are otherwise within its scope.
Since the installation of third party cookies and other tracking systems through the services used within this Website cannot be technically controlled by us, we cannot be held responsible for the installation and use of such cookies.
Therefore, any specific references to cookies and tracking systems installed by third parties are to be considered indicative. In order to obtain complete information, you are kindly requested to consult both the cookies and privacy policies for the respective third party services listed in this document.
UPDATES TO THE COOKIES POLICY
Tobias Wistisen reserves the right to make amendments or updates to this Cookies Policy at any time, for which we recommend you review it regularly.
In the event the cookies or the purposes for their use change after we have obtained your consent, Tobias Wistisen undertakes to inform their users of this change, as well as to request a new consent.
OWNER
The Website is owned by Tobias Wistisen, Lda, with registered office at a limited liability company registered under the number 515 031 666, with its registered office at Avenida Comendador Ferreira de Matos 68, 2 FT, 4450-119 Matosinhos, Portugal.
For any questions regarding this Cookies Policy, please contact us at inquiries@tobiaswstisen.com.
September 2020.
