TERMS AND CONDITIONS OF USE
We are a family owned and operated business.
We have written this document to establish the terms and conditions of use ("Terms") applicable to the use of the website ("Website") and purchase of products by our customers. These Terms are applicable in the relationship between you (“User (o)”) and Bothanica Mineral (“BM”) when purchasing our products through the website.
If you still have any questions after reading the Terms, you can contact us at alo@bothanicamineral.com.br and we will be happy to answer your questions.
Please review the Terms carefully before purchasing our products and using the website. We need you to read everything carefully and, to facilitate your reading, we have prepared this summary that will take you directly to the subjects of your greatest interest. By accessing, browsing or accepting the Terms, when this option is available, you certify that: (i) you have read, understood and agree with the Terms; (ii) meets the general conditions for purchasing our products and using our services, as described in this Term; and (iii) accepts and agrees to be bound by these Terms, as well as any other terms that may be applicable and which are incorporated by reference.
The acceptance by the User (o) generates a contractual relationship between the User (o) and the BM. You acknowledge that you are and will always be free to use or not use our services and purchase our products.
summary
1. SERVICE
2. ELIGIBILITY
3. ACCOUNT REGISTRATION AND REGISTRATION
4. DATA CAPTURE AND PRIVACY
5. INTELLECTUAL PROPERTY
6. OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES
7. RULES FOR SHIPPING, RECEIVING AND RETURNING PRODUCTS
8. CANCELLATIONS
9. ACCESS TO THE NETWORK AND DEVICES
10. PAYMENT
11. FORUM
1. SERVICE
This Site is the exclusive property and ownership of AMAZÔNIA BRASILEIRA COMÉRCIO DE COSMÉTICOS, COSMECÊUTICOS E NUTRACÊUTICOS, a private company, duly registered with CNPJ / MF under nº 09.445.018 / 0001-71, with headquarters at Avenida Vereador José Diniz, nº 1.370, Santo Amaro, São Paulo / SP, CEP: 04604-001.
The Site aims to sell cosmetic, cosmeceutical and nutraceutical products that have the trademark Bothanica Mineral.
Nothing stated or published on the Site should be considered or interpreted as medical advice. All information on the Site is provided for informational purposes only. This Site should not be used as a substitute for opinions or professional help. You should seek the advice of a doctor or other qualified healthcare professional if you have any questions about the medical needs and / or use of our products.
2. ELIGIBILITY
We only allow Users who are at least 18 (eighteen) years old or of proven majority in their respective country to use our Site and purchase our products. Persons who do not meet these conditions ("Minor (s) of Age") should not access our Site.
If you are considered a minor, you will only be able to use our Site and purchase our products with the consent of your parents or legal guardians. Your parents or legal guardians, from the time they allow you to use the Site, will be responsible for your use of the Site and for accepting these Terms. If you are a Minor, do not access our Site or try to purchase our products.
3. ACCOUNT REGISTRATION AND REGISTRATION
To purchase our products you must register on the Site and create a user account ("Account"). The registration will only be confirmed if you, User, fill in all mandatory fields, with exact, accurate and true information. You declare and undertake to update the data entered in your registration (“Personal Data”) whenever necessary.
The registration of an Account requires the provision of certain Personal Data to the BM, such as: name, physical address, telephone number and e-mail.
The User (o) guarantees and responds, in any case, civilly and criminally, for the veracity, accuracy and authenticity, of the Personal Data registered.
BM may request additional data, as well as copies of documents to check the veracity, accuracy and authenticity of the Personal Data, reserving the right to refuse any registration request and / or to warn the User, suspend or cancel a previously accepted registration, which is or will be in disagreement with the legislation in force or with these Terms, without prejudice to other applicable measures.
You will access your Account through e-mail (login) and password and undertake not to inform third parties of this data, being fully responsible for the use made of them. You cannot authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. BM, nor any of its employees or agents, will request, by any means, physical or electronic, that your password be informed.
It is your sole responsibility to: (i) maintain the confidentiality of your account identification and password; (ii) update and review your account frequently; (iii) keep your electronic devices safe, for example, using antivirus and firewall tools; and (iv) promptly notify BM in the event of any unauthorized use of your account or any breach of security. You are responsible for all activities that are carried out through your account and BM will not be responsible for any loss or damage resulting from your failure to comply with the obligations set forth herein.
4. DATA CAPTURE AND PRIVACY
The full BM Privacy Policy can be accessed here. A summary of the main points will be made available below, but this summary does not exempt the User (o) from reading the Privacy Policies in full.
Main points of the Privacy Policies:
- INFORMATION COLLECTED BY BM: In order to register users on the Site, BM collects registration data (eg name, physical address, telephone number and e-mail).
In addition, the BM can carry out the collection of location data; user profile data; and data of the electronic device used to access the Site.
- DATA SHARING WITH THIRD PARTIES: Except in the cases specified in the Privacy Policies, BM does not share your Personal Data with third parties. In such cases, whenever the protection of information depends on the BM, the company commits to use its best efforts to keep its data in complete security.
- PROTECTION AND SECURITY: BM uses the most modern information security systems in all systems and devices, which includes the use of technological tools such as encryptions, access controls, firewalls, creation records and account access, among others .
In the event of any incident related to your Personal Data, BM will send a notice to you and the competent authorities within a reasonable time with all necessary information.
- RIGHTS OF PERSONAL DATA HOLDERS: Our Privacy Policies provide for all legally guaranteed rights to Users whose data are processed by BM. Access the document to obtain all information about it.
- MAINTENANCE AND EXCLUSION OF PERSONAL DATA: BM will keep your information as long as the respective Account is maintained on the platform. At any time, you can request the deletion of your Account and Personal Data directly through BM's communication channels.
Even in the face of a request to delete data, BM may keep some information with you, under the terms of the current legislation, such as to guarantee the traceability of products or to comply with a legal or regulatory obligation. In such cases, your Personal Data will not be used for any other purpose.
- UPDATE OF PRIVACY POLICIES: BM will send you a notice whenever it makes any kind of update and / or change in the Privacy Policies and, if your consent is necessary, we will request it immediately. You acknowledge that acceptance of these Terms will be recorded in our database and may be used as proof of acceptance, regardless of other formalities.
5. INTELLECTUAL PROPERTY
All materials displayed or made available on the Site, including, without limitation, texts, graphics, sounds and audios, documents, videos, works of art, software, brands, logos and HTML code ("Material") are the exclusive property of BM or content providers, who reserve all their intellectual property rights to you. The Materials are protected by copyright, intellectual property laws and other applicable Brazilian, American and international intellectual property rules, regulations and legislation.
Thus, unless BM expressly agrees, you acknowledge and agree that use of the Site does not grant you any ownership, licensing, display, modification, reproduction, download, creation, distribution, transmission, storage or any other rights related to the Material. Unauthorized use of any content in this Material will entail taking all appropriate legal measures.
6. OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES
The obligations of the User constitute the following, among others provided for in these Terms:
I - Provide, in the registration process, true and complete data about you, always keeping them updated;
II - Ensure the security and confidentiality of the login and access password, of a personal and non-transferable nature, being that you are the sole and exclusive responsible for its use and custody, assuming all the burdens and responsibilities arising from your acts and conduct, also responding for the acts that third parties perform on their behalf, through the use of their login and password;
III - Do not violate BM's intellectual property rights;
IV - Do not incorporate malware (malicious or malicious code or computer program, which may cause damage, alterations or theft of information), and the use of any device, software or other resource that may interfere with activities and operations is not permitted. BM, as well as in the accounts or database. Any meddling, attempt or activity that violates or contravenes the intellectual property law laws and / or the prohibitions stipulated in these Terms will render the liable person liable for the pertinent legal actions, as well as the sanctions provided for herein, and is also responsible for indemnities for any damages caused ;
V - Defend, indemnify and exempt BM, its affiliates, licensors and service providers and their and their representatives against claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising or related your violation of these Terms or your misuse of the Site.
The following are BM's obligations, among others foreseen in this instrument:
I - Make the Users' access to the Restricted Area available, by providing login and password, if the user's registration data and profile are approved;
II - Provide all necessary information and tools so that the User can access the functionalities of the Site;
III - Send the User the products purchased through the Site, at the address provided by the User at the time of registration;
IV - Provide Invoice to (the) User (o) in the exact values of the products purchased, duly described;
BM is not responsible for any damages or losses arising from the total or partial unavailability of the Site, due to:
I - technical and / or operational maintenance;
II - Interruption or suspension of services provided by companies that provide access to the Internet;
III - Act of God or force majeure events, including, but not limited to, power outages, malware attacks and actions by third parties that prevent its availability, such as the removal of the Site from the air by the respective platform controller.
7. RULES FOR SHIPPING, RECEIVING AND RETURNING PRODUCTS
From the moment the BM receives your order, the shipping process will begin to the address you entered at the time of registration. Thus, BM is not responsible for delays or failure to deliver the products if the address entered is incorrect or nonexistent. The delivery period will start from the business day following the date of payment confirmation and will be in accordance with the parameters defined by the Post Office.
If you need to return or exchange a product, access here our Exchange Policy and Return of Products and Values and see how to proceed.
8. CANCELLATIONS
If you need to cancel your order, access our Product and Value Exchange and Return Policy here and see how to proceed (Item 4).
We remind you that, depending on the case, we may withhold a part of the payment on account of fees and charges.
9. ACCESS TO THE NETWORK AND DEVICES
You are responsible for obtaining access to the data network necessary to use the Site. The user's mobile network charges and fees applicable to data and messages may apply if you use the Site from a device that works with wi-fi, and you will be responsible for such charges and fees.
You are responsible for purchasing and updating hardware or compatible devices necessary to access and use the Site. BM only guarantees that the Site, or any part of it, will work on certain hardware or devices if there is the necessary compatibility. In addition, the Site may suffer from malfunction or delays inherent in the use of the Internet and electronic communications.
To keep you informed (o) about your BM account, products and services, in addition to security information, we can send you messages on the registered mobile number.
10. PAYMENT
When you are finished choosing the products you want to buy and provide all the shipping information, you will be sent to the payment area, where you can choose the best way (credit card or bank slip).
By entering your payment information and submitting your order, you authorize BM and our third-party payment processors to charge the order amount to the selected payment method.
You will be responsible for paying the full amount of the order, as well as the freight charge and for any fees that payment methods and credit card companies may charge.
BM may make available promotional discount coupons, which will be informed to the Users.
11. FORUM
BM will spare no effort to resolve any problems you have with our Site.
However, if there is no amicable and out-of-court solution, you agree that the Forum competent to settle any dispute relating to these Terms or the Privacy Policy, to the exclusion of any other, will be the Central Forum of the District of São Paulo / SP.