Terms and Conditions

1. ACCEPTANCE OF THESE TERMS AND CONDITIONS:

1.1 These Terms and Conditions (hereinafter, the “Terms and Conditions”) are binding and enforceable. These Terms and Conditions apply to the use of the services (hereinafter, the “Services”) offered or made available by ACMETAL S.A., located at Sanchez de Bustamante 2126, Piso 2, Departamento “A”, Ciudad Autónoma de Buenos Aires (hereinafter, the “Company”), to Internet users through www.mariarivolta.com Website (hereinafter, “Maria Rivolta” or the “Site”).

1.2 Any person using the Services shall be considered a “Site User” (hereinafter, the “User”), and such User hereby fully and unconditionally accepts each and all of the clauses of the Terms and Conditions as published by the Company at the time of the use of the Services by the User. Any person who does not agree to the Terms and Conditions shall refrain from using the Services.

 

2. REGISTRATION:

2.1 Navigation on the Site is unrestricted and free of cost. However, the access to the Company's Services offered on the Site are restricted to those Users who have registered with us by entering their true and current details in all of the mandatory fields in the registration form (hereinafter, the “Form”) and have expressly accepted the contents of these Terms and Conditions.

2.2 The User agrees to:
a) Complete the Form providing true, correct, updated and complete information (hereinafter, the “Registration Details”), which will be processed and stored in servers protected by safeguard and security systems.
b) Maintain the User's Registration Details updated in order to keep them true, correct, updated and complete.
c) If the User provides false, incorrect, outdated or incomplete information, or if the Company has reasons to suspect that such information is false, incorrect, outdated or incomplete, the Company will be entitled to suspend or cancel the User's access to the Services, as well as to deny any new of future use of all or some of the Services by such User.

2.3 Once the Form has been completed, the User will be informed of such User's acceptance and of the registration of the User's account (hereinafter, the “Account”) via email to the address provided by the User in the Form.

2.4 The User shall be legally capable of executing contracts and shall not have any legal or de facto impediment to execute contracts. If the User is not legally capable of executing contracts, the User's parents, guardians, curators or legal representatives shall be responsible and liable.

2.5 The User, once registered, undertakes to keep the User's password confidential. Therefore, the User shall be responsible for the access to the Services and any operations completed using the User's Account and/or email address and password, and undertakes to indemnify and hold the Company and/or any other users, suppliers or third parties, harmless for any costs, expenses of damages (including attorney's fees) that the Company and/or other users, suppliers or third parties may incur or pay, as a direct or indirect consequence of any access to the Services and/or any operations completed using the User's Account and/or email address and password.

2.6 In line with this, the User undertakes to immediately notify the Company of any unauthorized use or theft of the User's password, or of any other security violation, and to provide any relevant documentary proof as reasonably requested by the Company. The Company shall not be responsible or liable for any loss suffered by the User as a consequence of a third party's use of the Account, whether the User has agreed to such use or not. However, the User shall be responsible for any loss incurred by the Company or any third party as a consequence of the use of the Account by a third party.

2.7 No User shall be entitled to have more than one Account.

2.8 The Company may, at its own discretion, temporarily or permanently cancel the Accounts of Users who violate the Terms and Conditions and/or the Privacy Policy, and/or for any other reason that the Company deems unethical, in violation of moral standards and/or good business or professional practices, and/or harmful to the Company or third parties. Such cancellation shall not prevent the Company from enforcing any other penalties or taking any other decisions as applicable under these Terms and Conditions.

 

3. USE OF THE SERVICES:

3.1 Once registered on the Site, the User may use the Services, which offer the possibility of purchasing the products available online on the Site.

3.2 During the product purchase process, the Company will inform the detailed steps necessary to complete the purchase, providing the technical means to identify and correct any data errors before the purchase completion. Additionally, the User shall be prompted to explicitly confirm the User's willingness to make the purchase, and to accept the Terms and Conditions again at that time.
3.2 The products offered on the Site are manufactured by the Company. In the event that any product is manufactured abroad, such circumstance shall be duly informed on the Site. Additionally, the Company may offer products that belong to previous seasons and that may not be available at retail points of sale. The prices of the products offered on the Site may differ from those offered through other sales channels, such as physical stores, telephone sales, catalogs, etc., at the Company's full discretion, decision and responsibility.

3.3 When a product is selected, the Site will inform:
a) Characteristics of the selected product;
b) Availability of the product at the time of the selection;
c) Product shipment and delivery conditions;
d) Final purchase price, which includes the final product price, and any other costs related to the purchase, which will be duly informed, if applicable.

3.4 Once the purchase has been completed, the transaction confirmation will be emailed to the User's email address entered in the Form. In such communication, the User will be informed of the technical means available to identify and correct any errors in the recorded data.

 

4. PAYMENT METHODS AND CURRENCY:

4.1 The selected products may be paid using the payment systems enabled on the Site (hereinafter, the “Payment Methods”), which are governed by their own terms and conditions, which can be consulted by clicking on the link that the Company will provide during the purchase process.

4.2 The payment crediting conditions will be subject to the requirements stated by each Payment Method supplier and/or by the credit card issuer, as applicable.

 

5. PRODUCT DELIVERY:

5.1 The products selected by the User may be delivered (hereinafter, the “Shipment”) using a mailing service, provided that the product payment has been credited through the enabled payment methods.

5.2 The Shipment will be subject to the delivery conditions selected by the User among the options available on the Site. The Shipment cost will be duly informed during the purchase process in a detailed fashion, and will be determined according to the shipment type and delivery term selected.

5.3. In all cases, the purchased products will be shipped and delivered with their relevant dispatch notes.

5.4 The Shipment is outsourced to the various postal/mailing service companies as available on the Site. Once the shipment type has been selected, the User will be provided with the Shipment details for Shipment status verification and tracking through the selected service company. Therefore, any claim related to the Shipment must be addressed to the selected service company directly, including the Shipment reference number.

5.5 If the service company has paid two (2) visits within the hour-range agreed to and accepted by the User, and the product cannot be delivered because the User or User's authorized person is not present at the address specified for the product delivery, the User shall have to pick up the product from the Company's site, as indicated by the Company, personally within thirty (30) days of the second of the visits mentioned above. Once those thirty (30) days have elapsed, the User shall not be entitled to claim the product, or to a refund of the Shipment amount, even though the User has to pick up the product in person, nor shall be the User entitled to a refund of the price paid for the product.

 

6. USER'S RIGHT OF REVOCATION:

6.1 The consumer has the right to revoke this commercial operation (for the acquisition of products and/or provision of services) within TEN (10) calendar days of the date of delivery of the product, or of the contract execution date, whatever occurs first, without liability. This right may not be waived or relinquished. The consumer shall notify such revocation to the supplier by reliable means, and make the product available to the supplier. The supplier shall bear the return costs. In order to exercise the right of revocation, the product made available to the seller by the consumer must be unused and in the same conditions of the time of its reception, and the supplier shall have the obligation to refund the consumer the amounts received (Resolution no. 906/98).

6.2 Notwithstanding the foregoing, the User may replace the product one time only within THIRTY (30) calendar days of the date of the product delivery. For such purpose, the User shall take the product, together with the purchase invoice, warranty manual and any other documentation related to the purchase, to any of the Company's sites.

6.3 For a return (Section 6.1) or replacement (Section 6.2), the product must be in its original package, unused and preserved in perfect conditions.

6.4 The Company shall bear the costs of the product return or replacement.

6.5 The amounts shall be refunded through the same methods used for the purchase of the returned products.


PRODUCT WARRANTY:

7.1 All of the products are covered by a manufacturer's warranty against defects or flaws of any kind for a period of six (6) months from the date of delivery of the product.

7.2 The watches available on the Site are covered by an exceptional warranty of ONE (1) year from the date of delivery to the User. For clarification, notwithstanding the conditions of use of the warranty stated in its certificate, the watch warranty covers the watch machine only.

7.3 The product will be delivered together with a certificate of warranty stating the conditions and requirements for the warranty application in case of defects or flaws.

7.4 If a defective product must be repaired or replaced, the User shall deliver it to any of the Company's branches (for a list of branches, please click here) for an inspection by our quality department. If the User is unable to deliver the product to any of the Company's branches, the Company will take care of the product transportation to our quality department.

7.5 The products have no replacement parts and, therefore, if they were damaged due to the User's responsibility, the Company shall not be responsible for such damage.


8. RIGHTS RESERVED:

8.1 ACMETAL S.A. may modify the Website at its sole and exclusive discretion, and any such modifications will be notified to the Users before the completion of a purchase.

8.2 Notwithstanding this, the Company will post notices alerting of the modifications made to the Terms and Conditions for Users' consultation.
The brand also reserves the right to suspend or cancel the Website Services.
The brand shall not be liable for viruses or strange and harmful elements that may harm the computer or device used for visiting the Website, and the User is fully responsible for taking all necessary measures to prevent, detect and/or remove any viruses or other harmful elements.


9. USER'S DUTIES AND OBLIGATIONS:

9.1 The User undertakes to use the Services according to the laws, these Terms and Conditions, the Privacy Policy, high ethical standards, good manners, and the public order. The User undertakes to refrain from using the Services for purposes or effects that are illegal; contrary to the provisions in these Terms and Conditions; detrimental to the rights and interests of the Company, other Users and/or third parties; or that may damage, disable, overburden or impair the Services in any way; or that prevent the normal use or enjoyment of the Services by the Company, the suppliers, other Users and/or third parties.

9.2 The User specifically undertakes to refrain from any of the following:

a) It is forbidden: To use the Services, directly or indirectly, to violate any applicable provincial, state, national or international law of any kind; to send or transmit sexual, pornographic or obscene material, or any material that violates any applicable national or international laws, or that is unethical or contrary to good manners or the public order; to transmit, distribute or store any type of information, data, or materials, which violates the provincial, state, national or international laws or regulations; to send or transmit information which content is, and without the following being considered a limitation, transgressor, profane, abusive, defamatory and/or fraudulent, or reveals private or personal issues affecting any person whatsoever, or that violates the rights of any person in any way; to access the Services, whether as a natural or legal person, using a false, wrong or inexistent name; to send or transmit any material which the User is not entitled to transmit according to the laws (such as, but not limited to, copyrighted or proprietary material, trade secrets, patented material, or any other third parties' material protected by any proprietary rights), or according to the contractual or fiduciary relationships (such as non-disclosure agreements).

b) It is forbidden: To violate or alter, in any way, the authentication, identity-verification and/or Services-security systems, or networks, or accounts of Users, suppliers and/or administrators and/or persons in charge of the Services. This includes, but is not limited to, any attempt to access data not intended for the User, any attempt to access the Services or accounts without an explicit authorization to do so, or any attempt to test or alter the Company's networks in any way and at any level, using any kind of tools intended for the same or similar purposes; to attempt to interrupt, vary or shut down Internet communications, such as by the deliberate alteration of the routing, derivation and/or distribution information, overburden of one or more Services (by overflow or similar), or by performing cyber-attacks on other computers over the Internet or other type of global, local and/or internal computer communication network, among others; to use any program, command or group of commands, or send messages of any type, destined to interfere with the session started by a User at any Internet point; to use any type of monitoring which implies the interception of information not destined to the User; to send or transmit files which contain virus or any other destructive features which may adversely affect the operation of another's computer, and/or that may affect the correct operation of computers and/or of the Services; to use any misleading software or means with the purpose to increase or obtain economic or commercial advantages for the User or for third parties not authorized by the Company, or not provided for in these Terms and Conditions; to perform actions which limit, deny or prevent any individual, group, entity or organization the use of the Services, and of Internet, in general. The use of the Services by any means or system, whether it be computerized or not, by the User and/or by third parties in favor of the User, which are not expressly authorized by the Company herein, and/or by any other express means, is also forbidden, and such use shall be subject to any penalties and/or procedures applicable to it, without prejudice to any legal actions the Company and/or its representatives and/or successors may take against such use.

 

10. DISCLAIMER ON SERVICES.
The Company contracts its access, and its servers' access, to Internet with a third party, which is the supplier of such service. The User acknowledges and agrees that the Services may not be available at all times due to technical or Internet issues or failures, supplier's issues, or to any other reason beyond the control of the Company. Therefore, the Company does not guarantee the continuous availability or operation, usefulness for any particular activity, or infallibility of the Services; nor does the Company guarantee, particularly, but not exclusively, that the User will be able to actually use or access all or part of the Services, or access all or some of the Site sections. The Company excludes any liability for any type of damages directly, indirectly or remotely resulting from the interruption, suspension, termination, unavailability or discontinuation of the operation of the Services, for the lack of the usefulness, income, profits or benefits the User may have attributed to the Company, for any fallibility of the Services, and particularly, but not exclusively, for failures in the access to the Services. The Company shall not be held liable for any damages or losses caused to the equipment of any User, User authorized person, and/or third parties resulting from system, server or Internet failures.

11. Privacy Policy:


11. 1 The personal information provided by the User in the Form will be used to ship the purchased product to the specified person and address.

11.2 The Company guarantees that, if applicable, the personal information of each User provided in the Form will be strictly treated as confidential according to Law no. 25.326 on Personal Data Protection and will be entered into the Company's database. The data entered in the Form will be safeguarded and protected through suitable and effective IT security mechanisms for information protection. Notwithstanding this, the User agrees that Internet is not an invulnerable means regarding security.

11.3 The information is collected from the Form with the following purposes:
a) To identify the buyer;
b) To invoice and collect the payment for the purchased products;
c) To contact the User by telephone or email in connection with the purchase;
d) To send information on Company's product promotions or advertising.

11.4 During the purchase process, the User shall provide the User's credit card details, as applicable. Credit card data privacy is protected by the SSL security system with the most advanced encryption technology provided by the Payment Methods available on the Site. For more information on personal data privacy, please consult the website of the Payment Method of your choice.

11.5 The users will have the right to use their accounts on the Website responsibly, as applicable under Law no. 25.326. The User may, at any time, request to be removed as a User, to have the User's Account and information removed from the Company's database, and to access and update the User's personal data. The owner of the personal data has the right to access such data at no cost at intervals not exceeding six months, unless there is a proven legitimate interest in such access pursuant to Republic of Argentina's Law No. 25.326, Art. 14, Section 3. One of the functions of the enforcement authority (according to Law No. 25.326, the supervisory body in Argentina is the Dirección Nacional de Protección de Datos Personales) is to address the claims and reports received for non-compliance with personal data protection regulations.


12. COOKIES:

The Website may use a tracking system through “cookies” to speed up the access to the information. In some cases, it also helps to identify Users so that they do not need to enter their passwords every time.
These cookies are little files sent by the visited page that are stored in the computer hard disk and occupy little space.
The User is hereby informed that ACMETAL S.A. uses these so-called cookies with functional purposes only.

 

13. INTELLECTUAL PROPERTY. RIGHTS RESERVED:

All of the rights to the Website referred to herein are reserved to and the property of ACMETAL S.A.
The contents of this Website, as well as the Maria Rivolta brand, software, database and overall design are the property of ACMETAL S.A., and protected by the applicable national and international intellectual property laws.
Any reproduction, whether in whole or in part, not authorized by ACMETAL S.A., and/or any improper use of the contents of the Website, is strictly prohibited.


14. NOTIFICATIONS:

The User shall address any notifications and/or communications concerning the Website in writing to producto@mariarivolta.com or to the Site's legal address mentioned above.


15. APPLICABLE LAW AND JURISDICTION:

All of the items in these Website Terms and Conditions are governed by the applicable laws in the Republic of Argentina.
ACMETAL S.A., C.U.I.T. (Unique Taxpayer Code) NO. 30-64347567-3, ADDRESS: SANCHEZ DE BUSTAMANTE 2126, PISO 2, DEPARTAMENTO “A”, CIUDAD AUTÓNOMA DE BUENOS AIRES.