GIFTPAR COMERCIAL EIRELI – EPP, legal person of private law, registered in the CNPJ under No. 13.951.650/0001-64, based on Rua Anne Frank, nº 870, Bairro Vila Hauer, Curitiba/PR, CEP: 816101-020, Phone: (41) 3077-7620, e-mail: email@example.com, hereinafter “GIFTPAR” sets the present TERMS AND CONDITIONS OF USE (“Terms”) of the sales services offered by this site as well as for applications or platforms that make use of this system in accordance with the conditions listed below:
1.1 For accurate understanding and interpretation of the rights and obligations under these Terms, the following definitions are adopted. They will have the same meaning when used in both singular and plural:
a) Registration: Complete the registration form with the user’s data. Fill in the required fields to create Username and Password;
b) Login: email or document informed by the user at the moment of Registration;
c) Supplier: they are those physical and/or legal entities previously registered on the site, with which GIFTPAR have signed a License Agreement and Use Permit paid for their products, in order to allow their marketing;
d) Password: sequence of letters and/or numbers chosen by the user, which can be modified at any time and must be previously informed by the user when accessing the site. GIFTPAR ensures that it does not have access to this password, as this will remain encrypted in a database and if password recovery becomes necessary, the user must take measures which may be oriented at the appropriate time.
e) GIFTPAR Services: sales service of the products offered or available through this site system, online order submission and possible online acceptance of the purchase order;
f) Website: GIFTPAR electronic portal through which the user can request the availability of the sales services of products available on this website, by filling out registry, login information and personal access password.
2.1 GIFTPAR offers on this site several products that allow the user to specify his order and choose, in due case, among the products offered, the one that best suits his needs.
2.2 According to the product chosen by the user, he will be directed to the specific page for that product. Whenever there is a record of service suppliers or products in the GIFTPAR system, any request made by the user will be automatically relayed by GIFTPAR to the service provider or user-selected products, and GIFTPAR will be solely responsible for relaying these requests to the provider, not being responsible for the effective performance of the service or the quality of the products.
2.3 GIFTPAR allows the exchange of information between users and supplier, stipulating that the user and the supplier agree with the aforementioned exchange.
2.4 GIFTPAR declares that the information provided by the user when registering on this site will be used only for the services offered on the website itself, for the sale of products and activation of the information service. In case of failure in the supply of information, it will not be possible to provide the above services.
2.5 GIFTPAR agrees to obtain, manage and provide personal information to FPT Industrial in strict accordance with the rules of data protection. In turn, FPT Industrial will pass the information to GIFTPAR respecting the same rules, and GIFTPAR, being the final holder of such information, will used it only for the purposes stated above.
2.6 The information controller is FPT Industrial, through the people designated by the company’s management.
3. ABILITY TO REGISTER ON THE SITE
3.1 The services offered by GIFTPAR through this site are available only for people who have full legal capacity to hire them.
3.1.1 The registration of people under 18 will not be possible without the prior consent of the parents or guardian. With the acceptance of these conditions, it is tacitly understood that this consent was given by the parents or guardians, leaving them as solely responsible for the content accessed by the minors.
3.3 GIFTPAR may warn, suspend or discontinue, temporarily or permanently the registry of a user at any time, initiating legal action and/or suspending the provision of its services if: a) the user fails to comply with any provision of these Terms and other GIFTPAR policies; b) he has not fulfilled his duties as a user; c) if he practiced fraudulent or deceptive acts; d) if the user’s identity could not be verified or any information provided by him was incorrect.
3.4 The user name to be used to access the services and products available must not have similarity with the GIFTPAR name or FPT Industrial brand. Nicknames considered offensive, as well as those containing personal data of the user or any URL or email address will be eliminated. GIFTPAR reserves the right to reject any request for registration and cancel a previously accepted registration that disagrees with the policies and rules of these Terms.
3.4.1 It is not allowed for one person to have more than one registry. If GIFTPAR detected, through the data verification system, duplicate registries, it will definitely disable all records.
4.1 To use the services offered by GIFTPAR, the user must access the site and fill out the registration form available to obtain a Username and Password, informing GIFTPAR all the necessary data, including its registration number in the PPR.
4.2 Only the user that fills out all fields in the form will be confirmed. The future user must complete with accurate, precise and truthful information and undertakes the compromise to update his Personal Data whenever any modification occurs.
4.2.1 When registering, the user can use all the services provided by GIFTPAR on this website, stating that he has read, understood and accepted the respecting Terms and Conditions of Use.
4.2.2 GIFTPAR will not be responsible for the accuracy of the personal data entered by its users. Users guarantee and respond, in any case, civil and criminally, for the truthfulness, accuracy and authenticity of the registered Personal Data.
4.3 GIFTPAR makes no verification of information or profile of any user wishing to use the services of the site at the time of registration, nor it carries out a thorough investigation into the veracity of the information entered, except as provided in Clause 3.4. Therefore, GIFTPAR is not responsible in any way and under any circumstances for the misuse of the site.
4.4 GIFTPAR reserves the right to use all valid and possible means to identify its users as well as to request additional data and documentation it deems appropriate to confer the informed personal data.
4.5 If GIFTPAR decides to check the veracity of the registration data of a user and incorrect or false data is found among them, or even if the user conceals or refuses to send the required documents, GIFTPAR may temporarily suspend or permanently cancel the User’s Registry, without prejudice to other measures it deems necessary and appropriate.
4.6 Any false information is the sole responsibility of the user who entered it, responding exclusively for all prejudices that may cause damages to third parties.
4.7 The user will have access to his account through the username and password, of personal use and non-transferable, and agree not to inform these data to third parties, fully taking responsibility for the use made of them. Therefore, GIFTPAR is not responsible for a possible unauthorized use of such information by third parties, and the user must take all necessary measures to maintain the confidentiality of such information.
4.8 The user agrees to immediately notify GIFTPAR, and through secure means, any unauthorized use of your account, as well as unauthorized access by third parties to it. The user is solely responsible for the operations in your account, since access to it is only possible by placing the password, whose knowledge is unique to the user.
4.9 In no case shall the transfer, sale, lease or other transfer of the account be allowed. Also, creating new records is not allowed by people whose original registry has been canceled due to violations of GIFTPAR policies and standards.
4.11 GIFTPAR will not be responsible for errors, interruptions, malfunction, delays or other imperfections that may arise at the site, which are likely to occur when it comes to computers, not guaranteeing in any way, the uninterrupted availability of this site and/or error-free.
4.12 The User shall be fully responsible for ensuring that the configuration of his machine is in full compliance with the minimum requirements for the enjoyment of this site, being GIFTPAR free of and exempt from any liability arising from not observing the provisions of this clause.
4.13 GIFTPAR will not be liable for damages caused by violation of security measures by users who do not provide the necessary care to protect their data or those of third parties using public networks or the Internet, circumventing security systems to access user information.
5. INFORMATION ABOUT THE PURCHASE AND THE PRODUCTS
5.1 All purchase orders received by GIFTPAR expressly contain the product code, description, quantity, name and address of the user.
5.1.1 The purchase procedure in this site allows that errors during data entry are detected and corrected before the order is shipped. The purchase order sent by the user is a contractual offer relating to this, and therefore cannot be modified or canceled.
5.2 In order to confirm receipt of the purchase order, GIFTPAR will send the e-mail address registered by the user during registration, an order summary in order to report only the receipt of the order.
5.3 GIFTPAR reserves the absolute right to accept or reject the purchase order sent by the user, regardless of notice.
5.3.1 GIFTPAR agrees to comply with the purchase order within a maximum period of 30 days from the first working day following receipt of the order.
5.3.2 The treatment of the order is subject to actual product availability. If the product is not available and/or the order is rejected, GIFTPAR will inform the user immediately and a refund will be made if payment has already been made.
5.4 The products are shown on the site so as to correspond as closely as possible with their actual characteristics. GIFTPAR does not guarantee that the images and colors displayed on the video screen of the user are 100% reliable to the original product.
5.4.1 The product information on the website, such as technical information, size, compatibility, color and other characteristics, is subject to change at any time and without notice.
5.4.2 The products displayed on the site will be available for purchase while in stock, but GIFTPAR has the right to terminate the availability of the product at any time.
5.4.3 GIFTPAR also reserves the right to update the site at any time and without notice in order to exclude or include products.
5.5 The prices of products are mentioned on the site the day of shipment of the order by the user.
5.5.1 The prices of the products published on this website are expressed in Reais and include standard packaging.
5.5.2 The prices of the products published on the website DO NOT INCLUDE UNDER ANY CIRCUMSTANCES:
a) the cost of delivery (product shipping costs), as they depend on the weight and place of delivery, except for user purchases with Factory Cost Center permit, previously registered and approved.
b) the costs of any type of product customization (when possible); and
c) the costs of special packaging (where possible);
5.5.3 With regard to orders placed for delivery in other states and/or countries, it will not be included in the prices of the products posted on this site:
a) Any customs fees or expenses;
b) any other fees and/or expenses applicable to the delivery of products ordered.
18.104.22.168 The user will be responsible for the full payment of all customs fees and expenses of the country of delivery of the products ordered.
22.214.171.124 All expenses or costs, of any kind, relating to customs clearance of the products ordered are the sole responsibility of the user.
126.96.36.199 For information on clearance fees and costs in other countries, the user must contact the respective destination customs bodies or institutions.
5.5.4 Finally, GIFTPAR reserves the right to modify prices or discounts published on the site at any time.
5.6 GIFTPAR ensures that products purchased through this website are free of defects and are in accordance with the terms of the sales contract. The product warranty is provided by the manufacturer, in accordance with the relevant legislation.
5.6.1 The user must report any defect or nonconformity of the products without delay and within the legal deadlines, by registered letter with return address to GIFTPAR to the above address. Otherwise, it is considered that the products have been accepted at the time of delivery.
5.6.2 The warranty given by GIFTPAR loses its effect if product defects are due to: negligence of the user; misuse or accidents; wear caused by normal use; oxidation by weather or climate; or defects which the user was aware of at the end of the sales contract, or could not be known but for specific diligence; or if the product has been dismantled, modified or repaired by people not authorized by GIFTPAR.
5.6.3 In addition to the legal warranty referred to in clause 5.6, some products may be covered by a commercial warranty by the producer (manufacturer’s warranty) provided in the packaging of products, with deadlines, terms and conditions specified in the warranty certificate.
5.7 In case the user finds any difference in his order or is not satisfied with the service provided and would like additional information about the product, the user can contact Customer Service at the following email address: firstname.lastname@example.org.
5.7.1 In all contacts, the user must provide the order number and the identification code of the product.
6.1 GIFTPAR may modify, at any time, these terms, seeking to develop and improve this website. The new Terms will take effect after its publication in the system, not its previous notification being necessary, via email, to the user.
6.2 Within 24 (twenty four) hours from the publication of the changes, the user who opposes the new terms should contact GIFTPAR through the link Talk To Us on the site. In this case, any possible contractual relationship ceases to exist, except for cases where there are some obligations of the user with GIFTPAR or its their suppliers. There being no manifestation within the prescribed period, this means that the user tacitly accepts the new terms and the contract will continue to bind the parties.
6.3 Modifications will not remain in force in relation to the services provided on this site by GIFTPAR initiated until the date of publication of the new Terms. For these, the Terms shall be valid with the previous wording.
7. LIABILITY AND SAFETY
7.1 In wholesale purchases, where the billing is done directly from the supplier to the user, GIFTPAR is not the owner of the goods and/or services offered by the suppliers and does not have possession of them, serving only as a provider of information services between the user and the supplier. Nor does it get involved in the delivery and/or use of the products and/or services whose acquisition occurs through the GIFTPAR system.
7.2 These Terms do not create any partnership, mandate, franchise or employment relationship between GIFTPAR and the user.
7.3 For wholesale purchases, in which the billing is done directly from the supplier to the user, GIFTPAR will not be responsible for the effective fulfillment of the obligations assumed by the users. The user acknowledges and accepts that by purchasing the products from the suppliers, he does it at his own risk. GIFTPAR will never be under any circumstances liable for lost profits or any other damage and/or prejudice that the user may suffer due to acquisitions made through this site.
7.4 GIFTPAR recommends that all transactions are carried out with caution and common sense.
8. SCOPE OF SERVICES
8.2 GIFTPAR is not liable for any damage, prejudice or loss on the user’s computer caused by system, server or Internet failures due to third party conduct, fortuitous events or force majeure. GIFTPAR will not be liable for any viruses that can attack the user’s computer due to access, use or browsing of this website; or as a result of data, files, images, text or audio files either. Users can not assign GIFTPAR any responsibility or demand payment for lost profits due to prejudice resulting from technical difficulties or failures in the systems or the Internet. Eventually, the system may not be available for technical reasons or Internet failures, or any other fortuitous events or force majeure beyond the control of GIFTPAR.
9. INTELLECTUAL PROPERTY
9.1 GIFTPAR has authorization from CNH INDUSTRIAL LATIN AMERICA, owner and user of the license rights of FPT Industrial, to operate this “electronic commerce” system which covers exclusively the sale of brand-related items.
9.2 The sale of such items does not give GIFTPAR powers to represent FPT Industrial with the user, GIFTPAR being solely responsible for any information or products offered on this site. FPT Industrial is totally free in relation to consumers of any services provided here.
9.3 In addition, the commercial use of the term “GIFTPAR” as a business name or domain name as well as the contents of the screens on this site and programs, databases, networks and files, allowing the user to access and use his account, are the property of GIFTPAR and are protected by international copyright laws and treaties, trademarks, patents, models and industrial designs. Misuse and total or partial reproduction of these contents are prohibited, unless authorized by GIFTPAR.
10. GENERAL PROVISIONS
10.1 The user expressly agrees that GIFTPAR and/or any of its partners send their subscribers informative email messages as well as of commercial nature and news on the site, among other information. If the user does not wish to receive these messages, he can request cancellation through the link in the same email received.
10.2 In order to maintain and meet the latest market requirements and technological development, GIFTPAR can modify, at its discretion, both in form and content, suspend or terminate, in its sole discretion and at any time, any of the services, products, utility or application provided by itself or third parties, with prior notice to the user, even regarding sales services provided under the terms of this instrument.
10.3 The tolerance of GIFTPAR with the user in relation to any breach of the obligations assumed, shall not be deemed novation or waiver of any rights, constituting mere liberality, which will not prevent GIFTPAR from subsequently requiring full compliance with the conditions laid down in these Terms, at any time.
10.4 The user must not transfer his registration to third parties or other users. In turn, GIFTPAR may, regardless of any warning or notice, assign GIFTPAR services in whole or in part, to associated companies or economic groups, at any time.
10.6 Therefore, in view of the provisions of this agreement, the user fully accepts these provisions, undertaking to comply with the conditions set forth herein irrevocably and irreversibly, as well as to use, in a beneficial and legal way, the services to him offered.
10.7 For more information, the user can contact GIFTPAR through the following email address: email@example.com.
11. APPLICABLE LAW AND JURISDICTION
11.2 For all matters relating to its interpretation and application, the parties shall submit to the Forum of the Region of Curitiba, State of Paraná.