Terms and Conditions
TERMS AND CONDITIONS
ACTO Comércio de Acessórios S/A
United States Edition — Cross-Border / DDP Model
OVERVIEW
This website is operated by ACTO Comércio de Acessórios S/A, a company incorporated under the laws of Brazil (CNPJ: 37.486.577/0001-65), with registered address at Av. Dr. Nilo Peçanha, 3245, 1103 and 1104, Chácara das Pedras, Porto Alegre, RS, Brazil, CEP 91330-685 ("ACTO", "we", "us" or "our").
By visiting our website and/or purchasing any product from us, you engage in our "Service" and agree to be bound by these Terms and Conditions ("Terms"), including all additional policies referenced herein. Please read these Terms carefully before accessing or using our website. If you do not agree with any part of these Terms, you may not access the website or use our services.
For international orders, ACTO's e-commerce operation is supported by e-CROSS Soluções de Tecnologia Cross Border Ltda ("e-CROSS"), which acts as Merchant of Record (payment facilitator and legal representative for sales) and as provider of the technological solutions used to process cross-border orders under the Delivered Duty Paid ("DDP") model. Additional terms of sale may apply as presented at checkout. In the event of any conflict between these Terms and those checkout-specific terms, the terms presented at checkout shall prevail with respect to the relevant international transaction. These Terms continue to apply to all use of this website and to matters not governed by the checkout-specific terms.
These Terms and Conditions ("Terms") govern the relationship between ACTO Comércio de Acessórios S/A (retailer) and the Buyer (end consumer). For international orders, e-CROSS acts as Merchant of Record and as legal representative for sales, as follows:
Legal Representative for Sales: e-CROSS Soluções de Tecnologia Cross Border Ltda
CNPJ: 48.347.098/0001-84
Address: Av. Presidente Juscelino Kubitschek, 1455 – 4th Floor
Email: legal@e-cross.tech
SECTION 1 — ELIGIBILITY AND ACCEPTANCE
By agreeing to these Terms, you confirm that you are at least 18 years of age, or the age of majority in your jurisdiction, and that you have the legal capacity to enter into a binding contract. If you are accessing the website on behalf of a company or other legal entity, you confirm that you have the authority to bind that entity to these Terms.
By completing your purchase, you declare that you have read, understood, and accepted these Terms in full.
We reserve the right to refuse service to anyone, at any time, for any reason, at our sole discretion.
SECTION 2 — PRODUCTS
All product descriptions, images, and specifications are provided in good faith and are as accurate as reasonably possible. Colors displayed on screen may vary slightly from the actual product due to differences in monitor settings and display technology.
We reserve the right to limit quantities, discontinue products, or modify product descriptions at any time without prior notice. Any offer made on this website is void where prohibited by applicable law.
ACTO products are sold exclusively for personal, non-commercial use. Resale, distribution, or any commercial exploitation of products purchased through this website is strictly prohibited without prior written authorization from ACTO.
For international orders, product documentation, manuals, warranty cards, or packaging inserts may not be available in the local language of the destination country. This does not affect the validity of your purchase or the applicability of these Terms.
SECTION 3 — PRICES, PAYMENT AND THE DDP MODEL
All prices are displayed in the currency shown at checkout and are subject to change without notice.
For international orders, ACTO operates under the Delivered Duty Paid (DDP) model. This means that:
- (a) the final price shown and charged at checkout already includes the product price, international shipping, insurance (when applicable), and all import taxes and duties applicable to your destination country;
- (b) you will not be required to make any additional payment — including customs duties, import taxes, or handling fees — upon delivery;
- (c) the way taxes are displayed (included in the product price or shown separately at checkout) and the applicable tax structure may vary depending on the destination country, and is pre-configured by e-CROSS in accordance with local legislation.
We accept the payment methods displayed at checkout. By submitting your payment information, you represent and warrant that you are authorized to use the chosen payment method and that the information provided is accurate and complete.
For international orders, payments are processed by e-CROSS acting as Merchant of Record on behalf of ACTO. e-CROSS may issue the corresponding payment confirmation and may use third-party payment processors to complete the transaction. The commercial relationship arising from your purchase remains between you and ACTO; e-CROSS operates solely within the operational and financial infrastructure necessary to process the transaction.
ACTO reserves the right to cancel or refuse any order in the event of pricing errors, suspected fraud, or unavailability of the product.
SECTION 4 — ORDERS AND CONFIRMATION
Placing an order on our website constitutes an offer to purchase the selected product(s). Your order is not confirmed until you receive an official order confirmation email from ACTO or, for international orders, from e-CROSS. We reserve the right to refuse or cancel any order at our discretion, including after a confirmation has been issued, in which case we will promptly notify you and issue a full refund.
You agree to provide accurate, complete, and up-to-date information when placing an order, including your full name, delivery address, email address, and payment details. ACTO is not responsible for delivery failures or delays resulting from inaccurate information provided by you.
SECTION 5 — INTERNATIONAL SALES, CUSTOMS AND SHIPPING
ACTO ships internationally. By placing an international order, you acknowledge and agree that:
- the purchase is an international transaction and the product will be shipped from another country;
- the order will go through customs procedures and import formalities in the destination country as part of the import process, which may impact delivery timelines;
- you are the importer of record of the product before the customs, tax, and/or regulatory authorities of your country;
- you authorize e-CROSS, or third parties designated by e-CROSS, to act on your behalf before customs, tax, and/or regulatory authorities as required to complete the import of your order; and
- e-CROSS may appoint customs agents or fiscal representatives as required by the applicable legislation of the destination country.
Delivery times are estimates only and are not guaranteed unless expressly stated. Actual delivery times may vary depending on the destination country, customs inspections, and carrier or regulatory processes beyond our control. ACTO is not liable for delays caused by customs authorities or third-party carriers.
Consistent with the DDP model described in Section 3, no additional taxes or duties will be charged to you at the time of delivery.
For international orders, fulfilment and delivery may be handled by service providers selected by ACTO or e-CROSS. Available shipping methods, estimated delivery times, and any destination-specific restrictions will be presented during checkout.
Risk of loss and title for products purchased from ACTO pass to you upon delivery to the carrier. ACTO strongly recommends ensuring your delivery address is accurate and that someone is available to receive the shipment.
SECTION 6 — RETURNS AND REFUNDS
This Section 6 covers voluntary returns (for example, change of mind). If your product arrived defective, damaged, or different from what you ordered, see Section 6.1 (Defective, Damaged, or Incorrect Items) instead.
Return period: You may return any product purchased from ACTO within 14 (fourteen) calendar days from the date of delivery, provided the following conditions are met:
- (a) The product is unworn, unused, and in its original condition;
- (b) The product is returned in its original packaging, with all tags, certificates, documentation, and accessories included;
- (c) The product has not been altered, engraved, resized, or customized in any way;
- (d) You contact us at hello@actowatches.com within the 14-day period to initiate the return process and receive a Return Authorization.
This 14-day period is offered as ACTO's voluntary return policy. U.S. law does not require a general right of withdrawal for online purchases; this policy applies regardless. If your product is defective, damaged, or was delivered in error, see Section 6.1 (Defective, Damaged, or Incorrect Items) instead, and see Section 6.2 for additional terms applicable to orders shipped to the United States.
Return shipping: Return shipping costs are the sole responsibility of the customer, unless otherwise stated at checkout for your destination country. We recommend using a tracked and insured shipping service, as ACTO is not responsible for products lost or damaged in transit during return.
Refunds: Once we receive and inspect the returned product, we will notify you of the approval or rejection of your refund. If approved, a refund will be issued to your original payment method within 14 (fourteen) business days. Original shipping costs are non-refundable.
Taxes and duties on international returns: For international orders, if your return is approved, ACTO will refund the full amount you paid at checkout for the returned product, including the product price and the import taxes and duties charged on it, even though those taxes and duties may already have been remitted to customs authorities in the destination country and are not recoverable by ACTO or e-CROSS. Original shipping costs remain non-refundable as set out above.
Non-returnable items: Products that have been used, worn, damaged after delivery, or returned without original packaging and documentation will not be accepted and may be returned to you at your expense.
For international orders, the return process described in your order confirmation or at checkout, including the return channel made available by e-CROSS, must be followed in addition to the procedure above.
SECTION 6.1 — DEFECTIVE, DAMAGED, OR INCORRECT ITEMS
If a product arrives defective, damaged, incomplete, materially different from its description, or otherwise not conforming to your order, this Section 6.1 applies instead of the voluntary return window described above, and is offered in addition to any non-waivable warranty or consumer-protection rights available under the mandatory law of your country of residence.
Contact us at hello@actowatches.com within a reasonable time after delivery, with proof of purchase, photographs of the issue, and a description of the non-conformity.
Where the defect, damage, or error is attributable to ACTO, e-CROSS, or their carriers, you may choose between:
- (a) a full refund, including the product price, shipping, and any taxes or duties charged at checkout;
- (b) a replacement of the product, where available; or
- (c) a free repair, where feasible.
ACTO will not charge return shipping, restocking fees, or any other cost to you for returns made under this Section 6.1.
SECTION 6.2 — ADDITIONAL TERMS FOR ORDERS SHIPPED TO THE UNITED STATES
For orders shipped to the United States, the following applies in addition to Sections 6 through 6.1 above:
- (a) There is no general federal “change of mind” cancellation right for products purchased online. Your right to return a product for reasons other than defect, damage, or non-conformity is governed solely by ACTO's published Return Policy set out in this Section 6, which is made available to you before you complete checkout;
- (b) A restocking fee may apply to voluntary returns, if and as disclosed to you at checkout and again at the time you request a return; no restocking fee applies to returns made under Section 6.1 (Defective, Damaged, or Incorrect Items);
- (c) Certain products may be marked as final sale or non-returnable at the time of purchase; this will be clearly indicated on the product page and at checkout; and
- (d) ACTO complies with state-specific refund-policy disclosure requirements where applicable (for example, conspicuous posting of the refund policy at or before the point of sale).
SECTION 7 — WARRANTY
All ACTO watches are covered by a limited manufacturer's warranty against defects in materials and workmanship. The warranty period and conditions are set out in the warranty card included with your product and on our website.
The warranty does not cover: (a) damage resulting from accidents, misuse, or normal wear and tear; (b) unauthorized modifications or repairs; (c) water damage beyond the product's stated water resistance rating; (d) damage to straps, crystals, or other wearable components subject to regular replacement.
To submit a warranty claim, please contact us at hello@actowatches.com with proof of purchase and a description of the defect.
SECTION 8 — INTELLECTUAL PROPERTY
All content on this website — including but not limited to text, images, photographs, product designs, logos, trademarks, and software — is the exclusive property of ACTO Comércio de Acessórios S/A or its licensors and is protected by applicable intellectual property laws.
You may not reproduce, copy, distribute, modify, publicly display, or create derivative works from any content on this website without the prior written consent of ACTO. Any unauthorized use of our intellectual property may result in legal action.
SECTION 9 — PROHIBITED USES
You agree not to use this website or its content: (a) for any unlawful purpose or in violation of any applicable laws or regulations; (b) to infringe upon the intellectual property rights of ACTO or any third party; (c) to transmit any harmful, offensive, or malicious content or code; (d) to collect or harvest personal data of other users; (e) to impersonate ACTO or any third party; (f) for any purpose related to resale or commercial exploitation of our products without written authorization; or (g) to interfere with the security or integrity of this website or its infrastructure.
SECTION 10 — THIRD-PARTY LINKS AND SERVICES
This website may contain links to third-party websites, including e-CROSS and payment processors. These links are provided for your convenience only. ACTO does not control, endorse, or assume responsibility for the content, policies, or practices of any third-party website or service. We encourage you to review the terms and privacy policies of any third-party services you use in connection with your purchase.
SECTION 11 — PERSONAL INFORMATION AND PRIVACY
Your submission of personal information through our website is governed by our Privacy Policy, available at [link to Privacy Policy]. By using our website and placing an order, you consent to the collection and use of your information as described in our Privacy Policy.
For international orders, your personal data may also be processed by e-CROSS in accordance with its applicable privacy policy, as disclosed during checkout, to the extent necessary to process payment, verify your identity, and complete customs and import formalities.
SECTION 12 — DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, this website and all products and services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
ACTO does not warrant that: (a) the website will be uninterrupted, error-free, or secure; (b) any defects will be corrected; or (c) the website or servers that make it available are free of viruses or other harmful components.
SECTION 13 — LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, ACTO, its directors, employees, affiliates, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of profits, loss of data, or loss of business opportunity — arising from your use of this website or the purchase or use of any product, even if ACTO has been advised of the possibility of such damages.
In any event, ACTO's total liability to you for any claim arising out of or related to these Terms or your purchase shall not exceed the amount you paid for the product giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, ACTO's liability shall be limited to the maximum extent permitted by applicable law.
SECTION 14 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ACTO and its directors, officers, employees, affiliates, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your violation of any applicable law or regulation; (c) your infringement of any third-party rights; or (d) any content you submit or transmit through our website.
SECTION 15 — MODIFICATIONS TO TERMS AND SERVICE
ACTO reserves the right to update, modify, or replace any part of these Terms at any time. Changes will be posted on this page with an updated revision date. Your continued use of the website following any changes constitutes your acceptance of the revised Terms. We recommend reviewing this page periodically.
We also reserve the right to modify, suspend, or discontinue the website or any part of it at any time, without notice and without liability.
SECTION 16 — GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any dispute arising from or related to your use of this website or any purchase made through it shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, without regard to its conflict of law provisions.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be submitted to the exclusive jurisdiction of the courts of the City of Porto Alegre, State of Rio Grande do Sul, Brazil, and you hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to the laying of venue.
Nothing in this section shall prevent ACTO from seeking injunctive or other equitable relief in any competent court where necessary to protect its intellectual property rights or other proprietary interests.
This provision governs the relationship between you and ACTO. It does not limit any mandatory consumer-protection or venue rules of your country of residence that may separately apply to your relationship with e-CROSS as Merchant of Record for international orders, as disclosed at checkout.
SECTION 17 — SEVERABILITY AND WAIVER
If any provision of these Terms is held to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
The failure of ACTO to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, unless acknowledged and agreed to in writing.
SECTION 18 — ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, Return Policy, and Warranty Policy (and any terms presented at checkout for international orders, including those of e-CROSS as Merchant of Record), constitute the entire agreement between you and ACTO with respect to your use of this website and any purchase made through it, and supersede all prior agreements, representations, and understandings.
SECTION 19 — CONTACT
For any questions, complaints, or requests regarding these Terms or your order, please contact us at:
ACTO Comércio de Acessórios S/A
Av. Dr. Nilo Peçanha, 3245, 1103 and 1104
Chácara das Pedras, Porto Alegre, RS, Brazil
CEP 91330-685
Email: atendimento@actowatches.com
Website: www.actowatches.com
For questions specifically related to payment processing, customs representation, or import charges on international orders handled by e-CROSS, you may also contact:
e-CROSS Soluções de Tecnologia Cross Border Ltda
Av. Presidente Juscelino Kubitschek, 1455 – 4th Floor
Email: legal@e-cross.tech