OUR TERMS AND CONDITIONS

1.1. These Terms and Conditions of Sale (“T&C”) provide information about sales from the [ROBERTA DO RIO] website, applicable to the sales of all and any products on the website (“Products”). The T&C also apply to any sales or services provided through our various sales channels, including the website (https://robertadorio.com) (the “Site”), and any associated mobile or digital device.

1.2. This T&C is the contract established for the sale of Roberta do Rio Products to the individual placing an order (“Customer” and “Contract”). The Customer must read it carefully and ensure that all provisions are fully understood before completing the purchase. [Please note, the Customer must agree to our Terms and Conditions before placing an order. If the acceptance box is not checked, confirming full agreement with these Terms and Conditions, the purchase cannot be completed].

If you have any doubts, please do not hesitate to contact us.

1.3. You should print a copy of these T&C or save them on your computer for future reference.

1.4. ROBERTA DO RIO reserves the right to modify these T&C at any time, without prior notice. Every time the Customer makes a purchase, it is the Customer’s responsibility to review our T&C to ensure they are fully understood at the time of purchase.

 

OUR CONTRACT WITH YOU

2.1. The ROBERTA DO RIO website will guide the Customer through the necessary steps to place an order and strongly recommends that the Customer takes the time needed to read and check their order before confirmation.

2.2. A Customer’s order will be considered confirmed, binding the parties under this Contract, upon receipt of an email from ROBERTA DO RIO, acknowledging the order, details, and sales conditions (“Order Confirmation”).

2.3. ROBERTA DO RIO reserves the right to refuse Order Confirmation due to: (i) the product being out of stock; (ii) unavailability to confirm delivery on the date requested by the Customer; (iii) an error in price or description on our website; (iv) any circumstance that may prevent delivery to the Customer’s destination; (v) lack of information that impedes payment confirmation. In any scenario outlined in Clause 2.3, the Customer will be informed via email that the order was not processed. If payment for the Products has already been made, we will refund the total amount as soon as possible and in the manner available.

 

PRODUCTS

3.1. ROBERTA DO RIO will work to ensure that the information, including descriptions, dimensions, and colors of the products displayed on the Site, are accurate and complete. However, Roberta do Rio does not guarantee, under any circumstances, the accuracy and completeness of such information. Customers must understand that any description and information, like dimensions, number of stones, and carat weights, are provided for indicative purposes only and may slightly vary. Therefore, the images on the Site are merely illustrative and may be affected by factors beyond ROBERTA DO RIO’s control, including but not limited to, the customer’s monitor, lights and reflections, and internet speed. Roberta do Rio makes every effort to ensure the accuracy and completeness of the information provided on the site but cannot guarantee accuracy and completeness in all circumstances. The company will not be responsible for any losses, damages, or harms arising from the use of or reliance on the site’s information.

3.2. As we work with natural colored stones, the gems used may vary in color and other visual characteristics. Therefore, ROBERTA DO RIO does not guarantee that the color will be exactly the same as a previous piece. Each colored stone product may vary in shade and color.

3.3. Should the Customer have any doubts or wish to receive more specifications about the Products, it is the Customer’s responsibility to contact ROBERTA DO RIO before confirming the order.

3.4. ROBERTA DO RIO guarantees that all jewelry available for sale on its website is authentic, made with high-quality materials, and in accordance with the indicated specifications. If it is found that a piece of jewelry does not match the provided description, the customer has the right to request an exchange or refund of the paid amount.

 

PRODUCT AVAILABILITY

4.1. ROBERTA DO RIO reserves the right to change the Products offered for sale on the Site at any time and without prior notice.

4.2. ROBERTA DO RIO reserves the right to refuse orders that exceed a certain number of Products at any time without prior notice.

PRICE

5.1. The prices on the Site are per unit of a Product and include [taxes].

5.2. Should there be a variation in taxes between the date of the Customer’s order and the date of delivery, ROBERTA DO RIO reserves the right to adjust the taxation applicable to the Customer, unless payment has already been made.

5.3. Orders will be subject to fees and taxes at the import locations, which will be charged when the delivery arrives at the specified destination. ROBERTA DO RIO will never be responsible for any local taxes and fees, with the Customer being solely responsible for the payment of such import fees and taxes. ROBERTA DO RIO, at its sole discretion, may assist the Customer in making an approximate estimate of the applicable local fees and taxes.

5.4. ROBERTA DO RIO reserves the right to change the prices of our Products listed on the Site at any time and without prior notice.

5.5. In the event that Products are mistakenly listed on the Site at the incorrect price, ROBERTA DO RIO reserves the right to correct the price before accepting the order. If the correct price of the Product on the date of the Customer’s order is higher than the price listed on our Site, ROBERTA DO RIO will contact the Customer for further instructions before confirming the order. If ROBERTA DO RIO cannot, for any reason, contact the Customer using the contacts provided during the order, ROBERTA DO RIO will cancel the order, notifying in writing.

 

PAYMENT

6.1. ROBERTA DO RIO will accept payment via debit and credit cards, as outlined on our Site, and payment will always be required before the shipment of any Product. ROBERTA DO RIO will charge your credit [or debit] card once the order is confirmed. ROBERTA DO RIO will offer the Customer the opportunity to retain credit card details for future purchases. If you choose to retain your information, the retention of your personal data is subject to the Privacy Policy.

6.2. If the amount due from you cannot be debited for any reason (including, but not limited to, lack of limit or refusal by the card issuer for any reason), the sale will be immediately canceled, and the Customer will be notified in writing.

6.3. ROBERTA DO RIO accepts payments via [debit cards, credit cards, and PayPal] on the Site. [If the customer wishes to make a bank transfer, please contact us, and we will accept bank transfers for orders at our sole discretion]. The Customer is responsible for any fee or additional cost arising from the payment, and ROBERTA DO RIO shall receive the net value for the Product shipment.

6.4. In case of simultaneous sales of jewelry from the one-of-a-kind collection (unique pieces): for sales of unique pieces from the “one of a kind” collections that occur simultaneously, the purchase in which the payment was processed first (Brasília time) will be prioritized. The payment processed afterward will be fully refunded within a maximum of 30 (thirty) days.

6.5. In cases where purchases are processed simultaneously at the same time, both virtually and in person, preference will be given to the in-person purchase, and the refund for the virtual purchase will occur within a maximum period of up to 30 (thirty) days.

DELIVERY

7.1. Once the Order Confirmation is sent by ROBERTA DO RIO, the Product should be dispatched within 10 (ten) days from the Order Confirmation, and tracking data will be provided to the Customer via email.

7.2. ROBERTA DO RIO will never be responsible if the delivery of Products is prevented or delayed by an event outside our control. In any case, ROBERTA DO RIO will contact the Customer as soon as the issue is identified, providing support to minimize the effect of the delay.

7.3. The Customer will be the sole responsible party and owner of the Product once the Product is delivered to the address provided by the Customer.

7.4. ROBERTA DO RIO will repair or replace, free of charge (including re-shipping costs), any Products damaged or lost in transit when delivered by our courier, but only if:

7.4.1. The Customer reports the damage or loss within 24 hours from the date of delivery; and

7.4.2. The Customer confirms, which must be proven, that the Product’s original packaging is breached upon receipt.

 

YOUR RIGHT TO TERMINATE THE CONTRACT

8.1. The Customer has the right to terminate the Contract only before the Product is dispatched by ROBERTA DO RIO.

8.2. The Customer also has the right to terminate the Contract if an error in the price or description of the Product is identified by the Customer.

8.3. In all other cases, if ROBERTA DO RIO is not at fault, the Customer has no right to terminate the Contract.

REPAIRS

9.1. Each Product repair will be subject to specific analysis by ROBERTA DO RIO, as applicable. In this regard, please contact us as soon as you notice that your Product is damaged, sending a photo. Depending on the nature of the damage and who is at fault, ROBERTA DO RIO may request the item be returned by the Customer for careful evaluation of the product.

9.2. ROBERTA DO RIO will repair your item free of charge if a manufacturing defect or material defect is identified in the piece. Note that cracks, wear of coating (including rhodium or ruthenium plating), chips, or scratches on the stones are not considered manufacturing defects. We will not be responsible for the loss of an item, damages caused by accidents, misuse, or wear and tear.

JURISDICTION

10.1. The Customer’s use of this Site and any contract entered into with ROBERTA DO RIO for the purchase of our Products shall be governed by and interpreted in accordance with the laws of Brazil and shall be subject to the exclusive jurisdiction of the Courts of Rio de Janeiro, Brazil. If any provision of these T&Cs is found to be illegal, void, or for any reason unenforceable, then that provision shall be deemed severable from the other terms of these T&Cs and shall not affect the validity and enforceability of any remaining provisions.

COPYRIGHT AND OTHER RIGHTS

11.1. ROBERTA DO RIO is the exclusive holder of all intellectual property rights of the site and the content published therein, including images, illustrations, graphics, designs, layout, photographs, audio, videos, logos, among others. All content is protected by copyright, trademarks, and other intellectual property rights. Unauthorized use of these materials is strictly prohibited and subject to legal action.

All Content is protected by copyright, trademark, and/or other intellectual property rights owned, controlled, or licensed to [ROBERTA DO RIO]. The customer’s use of our Site does not confer ownership of any Content on our Site. These works are protected by copyright laws and treaties around the world. All these rights are reserved to ROBERTA DO RIO.

11.2. The content of the site is intended exclusively for personal and non-commercial use. The Customer may download or copy the content and other downloadable materials displayed on the Site for the sole purpose of placing an order with ROBERTA DO RIO.

No right, title, or interest in any downloaded materials or software is transferred to the Customer as a result of any downloading or copying. The customer may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the site, or any related software, without the prior written consent of ROBERTA DO RIO.

 

GENERAL LEGAL TERMS AND CONDITIONS

12.1. ELIGIBILITY. The site is intended solely for users who are eighteen (18) years of age or older. The Customer declares they are eighteen (18) years of age or older. If you are under eighteen (18), the Customer will ensure that they are accessing with the knowledge and consent of their parents or legal guardians, who will also be considered as Customer, for the purposes of these T&Cs.

12.2. SITE ACCESS. It is the Customer’s responsibility to ensure their own equipment (computer, laptop, netbook, tablet, or other mobile device) meets all the necessary technical specifications to allow access, use, and compatibility with the Site. ROBERTA DO RIO may, from time to time, restrict access to certain features, parts, or content of the Site, or the entire Site, to users who have registered with us. The Customer must ensure that all registration details provided are accurate. If the Customer chooses, or is provided with, a login ID (such as username and password or other identifier) as part of our security procedures, this information must be treated as confidential and must not be disclosed to anyone. The Customer is solely responsible for all activities that occur under their login ID and must notify us immediately of any unauthorized use or any other breach of security they are aware of. We reserve the right to disable any login ID at any time if, in our opinion, the Customer has failed to comply with any of the provisions of these T&Cs or if any details provided for registration purposes are, in our opinion, possibly false. ROBERTA DO RIO is not responsible for any delays, interruptions, errors, defects, omissions, communication failures, technical problems, or other issues in third-party services or equipment that may affect the operation of the site. The company will not be liable for damages resulting from the use of the site or for any security breaches.

12.3. RISK. The Customer’s use of the Site is at the Customer’s sole risk. ROBERTA DO RIO makes no warranties regarding the accuracy, completeness, timeliness, correctness, reliability, integrity, quality of any Content on the Site, and as such, no warranty, whether implied or explicit, is made regarding any liability or loss or damage of any kind incurred as a result of the Customer or any other person using the Site or relying on any of its Content. ROBERTA DO RIO does not guarantee that any Content on the Site is free of viruses and/or contaminating or destructive elements.

12.4. DISCLAIMER. The Site may be unavailable from time to time for various other reasons, including due to maintenance or malfunction of computer equipment. ROBERTA DO RIO assumes no responsibility for any delays, interruptions, errors, defects, omissions arising out of or related to communication or internet failures, nor will we be responsible for any technical or non-technical malfunction or other problems with hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure due to technical problems or traffic congestion on the Internet or in connection with the Site, including any damage to your computer, mobile phone, or other hardware or software related to or resulting from the use of the Site. ROBERTA DO RIO is not responsible for any damage resulting to any user’s computer from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer failure or any other technical malfunction. The Customer should also be aware that email submissions may not be secure, which should be considered when exchanging information with ROBERTA DO RIO. ROBERTA DO RIO makes no warranties regarding the integrity, accuracy, timeliness, or suitability of any information, facts, viewpoints, opinions, statements, or recommendations contained on the Site.

12.5. WARRANTIES. ROBERTA DO RIO MAKES NO WARRANTIES REGARDING THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SITE. THE SITE AND SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ROBERTA DO RIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.

12.6. INDEMNIFICATION. IN USING THE SITE AND/OR SERVICES AND/OR THE USE OF YOUR INFORMATION BY ROBERTA DO RIO, THE CUSTOMER AGREES, FROM NOW ON, TO COOPERATE IN THE DEFENSE OF ROBERTA DO RIO FROM ANY CLAIM FROM THIRD PARTIES ARISING FROM THESE T&Cs. ROBERTA DO RIO RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY MATTER RELATED TO THE USE OF THE SITE, SO THAT THE CUSTOMER, UNDER NO CIRCUMSTANCE, MAY RESOLVE ANY CLAIM FROM THIRD PARTIES WITHOUT THE WRITTEN CONSENT OF ROBERTA DO RIO.

HOW WE MAY USE YOUR PERSONAL INFORMATION

Please refer to our Cookie Policy and Privacy Policy.

 

ROBERTA DO RIO PRIVACY POLICY

This Privacy and Personal Data Protection Policy (“Policy”) aims to establish the collection, consent, and processing of data, sensitive or not, as defined by the LGPD (Law No. 13,709, of August 14, 2018, as amended), from customers (“Users”) arising from the activities of Roberta do Rio.

This Policy covers both online and offline data collection activities, as well as all channels used by Roberta do Rio for such collection, namely:

• Website: [https://robertadorio.com/]
• Email: [*@robertadorio.com]
• Third-Party Social Networks: Instagram and Facebook; and
• Ads and Surveys. It should be noted that this data may be combined, even if collected from different channels.

WHAT DATA IS COLLECTED AND HOW:

• Contact Information: The data that the User provides during registration on the site before making a purchase, such as name, address, phone number, email, among others. These will be used to facilitate contact between Roberta do Rio and the User. The company commits to protecting customers’ privacy and keeping their personal data confidential. The information provided by customers during the purchasing process will be used only for purposes related to the sale and delivery of jewelry. No personal information will be shared with third parties without the customer’s express consent, except as required by law.
• Login Information: Login, Password (encrypted), and security question, data provided by the User when registering on Roberta do Rio’s website.
• Information on Your Interests: Birthday, age range, hobbies, and interests. These details are assessed based on purchases made on our site and information provided on Third-Party Social Networks.
• Information on How You Use Roberta do Rio’s Websites: Details on which links the User clicks, which pages and content the User views, in addition to statistics about your interactions. This collection occurs during the User’s interaction with Roberta do Rio’s website and is conducted through cookies. Please note that when entering the site, the User may opt not to allow Roberta do Rio to use this information.
• Consumer Surveys and Feedback: Experience shared voluntarily by the User regarding the products sold and service provided by Roberta do Rio.
• Consumer-Generated Content on Social Networks: This information is collected through interactions carried out by the User on their social networks and shared with Roberta do Rio or publicly shared on a Third-Party Social Network that Roberta do Rio has access to. This data includes texts, photos, videos, personal stories, and is used by the brand for disclosure on its website and Third-Party Social Networks, with the purpose of promoting products and promotions conducted by Roberta do Rio.
• Financial and Payment Information: Data used by the User to make purchases on the site – debit or credit card or other payment methods – which Roberta do Rio needs to process the order.

SENSITIVE PERSONAL DATA

In compliance with the LGPD, Roberta do Rio informs that it does not use Sensitive Personal Data from its consumers and has no intention of collecting them. If there is a need to collect Sensitive Data, for cases provided for in Article 7 of the LGPD, that is, for (i) compliance with a legal obligation; and (ii) crime prevention, these will not be collected without prior and express authorization from the Holder, as defined by the LGPD.

PURPOSES OF PERSONAL DATA COLLECTION

Roberta do Rio, through the collection of your personal data, aims to improve and develop products and enhance its service, based on the results of satisfaction surveys answered by the User. Additionally, the processing of personal data, such as address, name, and payment information by Roberta do Rio, allows for the completion of purchases on the site and contributes to verifying the User’s identity, preventing fraud and ensuring greater security when making purchases on the site.

Furthermore, Roberta do Rio will also use Users’ personal data for marketing actions and promotions, in order to identify what most pleases and interests its consumers. These actions can be done through emails, announcements, social networks, or websites.

Roberta do Rio does not share, sell, or lend any type of personal data of its Users to other customers, individuals, legal entities, or associations.

DATA STORAGE

Users’ personal data will be stored in a secure operational environment to prevent any unauthorized access. This data will be used in the manner of this Policy and only for the purpose intended with the data collection.

Roberta do Rio emphasizes the need for the User to also take special care in disclosing their personal data. When creating an online account, make sure the chosen password is strong and secure, and when accessing your account on a public computer, never save your password, always confirming that you have logged out of your account when you stop using the computer.

COOKIES

Cookies are small files used by Roberta do Rio on its website to improve its use and functionality, also serving as a facilitator in receiving consumer feedback, as these are used to provide information to Roberta do Rio about interactions on the site.

In addition, cookies use tracking technology, which can collect information such as: IP addresses, log files, and web beacons, among others, which will be used to adapt the website and Roberta do Rio products to your needs and according to your personal interests. However, the User may choose to disable the sharing of this data with Roberta do Rio on their computer.