Terms & Conditions of Use
Dear USER, when registering at the Website www.osucateiro.com you agree with this Subscription Agreement.
This Subscription Agreement to the Website osucateiro.com, company with Corporate Name under OSUCATEIRO LOCAÇÃO DE ESPAÇOS EM SITE NA INTERNET LTDA. describes the General Terms and Conditions applicable to the purchase and sale of products advertised by the responsible, that is, Individual or Legal Entity, identified on the registration page, hereinafter referred to as USER, whose data provided, stored in specific Data Base for such purpose, becomes integral part hereof, hereinafter simply referred to as Subscription Agreement.
The parties above described enter into, without reservations, this Subscription Agreement and all conditions stated below, applicable to the use of the resources and services provided by the said website, valid as of USER´S acceptance when choosing the option “I have read and agreed with the Commitment Term” at the moment of the registration as USER. The non-acceptance of this agreement shall prevent USER from proceeding with its registration and shall prevent to proceed with the purchase of goods through the website, as well as to carry out any transaction through the website.
GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE
These General Terms and Conditions of Use regulate the use of the services provided by the company OSUCATEIRO LOCAÇÃO DE ESPAÇOS EM SITE NA INTERNET LTDA., company duly enrolled with the Corporate Taxpayer Registry of the Ministry of Finance (CNPJ/MF) under No. 23.330.687/0001-29, with main place of business at Rua Flores da Cunha No. 2205, room 402, Centro, City of Caxias do Sul – RS, hereinafter referred to as OSUCATEIRO, through the website www.osucateiro.com; www.elchatarrero.net; thescrapdealer.com and www.feipinjingxiaoshang.com.
For the registration and use of the services provided at the website, reading and acceptance of the Term and the other policies of the website hereby described are mandatory. Any USER, as defined below, that intends to use the website, should ensure the understanding and accept all terms established herein, as well as in the other documents incorporated thereon by reference, prior its registration as User of Osucateiro.
Under this Term, the following expressions shall have the meaning attributed thereon as follows:
ADVERTISEMENT: All and any product offer disclosed by the website www.osucateiro.com;
PERSONAL DATA: All information entered by USER after registration to use the WEBSITE;
INTERESTED PARTY: The person interested to register itself at the WEBSITE, whose registration is still pending of approval;
NEGOTIATION: Purchase and sale operation carried out through the WEBSITE;
WEBSITE: electronic address www.osucateiro.com;
TERM: Represents this General Terms and Conditions of Use;
USER: Person registered to sell or purchase goods at the WEBSITE;
SELLER USER: Registered user that enters ADVERTISEMENT of product of its ownership at the WEBSITE;
PURCHASER USER: Registered user that performs the purchase of product from third-parties at the WEBSITE;
FRANCHISEE: Legal entity that assists the SELLER USER in the use of OSucateiro.com, as work platform through the registration and management of products.
2.1. The purpose of this TERM is to regulate the services provided at the WEBSITE that consist of:
- Providing and hosting spaces at the WEBSITE so that USER advertises the sale of services performed by it and/or products of its ownership, either they are new, semi-new or used;
- Enabling the direct contact between SELLER USER and PURCHASER USER, interested to acquire the service(s) and/or the product(s) advertised through the disclosing of contact date from one party to another.
- The service offered by the WEBSITE consists of the provision of advertising spaces of the product to be offered for sale, assistance to send information between SELLER USER and USER interested to acquire the offered services or good, as well as business intermediation, given that the sale conditions of the products advertised at the WEBSITE shall be freely determined, in each case, by the SELLER USER.
2.3. Purchase and sale operations carried out through the WEBSITE shall be responsibility of the respective SELLER USER and the PURCHASER USER. USERS recognize and accept that, when performing negotiations with other USER(S) or with Third-Parties, they do it so at their own risk and account.
3. CAPACITY FOR REGISTRATION.
3.1. The services of the WEBSITE can be used only by persons (individuals or legal entities) who are legally capable to contract them. In addition to the persons considered by Law as incapable, it shall also be prevented from using the services that have been disabled by the WEBSITE. The WEBSITE reserves the right of restricting the access of content to the users, according to the profile.
4.1. For requesting of registration of the INTERESTED PARTY, all fields available at the WEBSITE should be filled in and the electronic address (e-mail) be confirmed.
4.2. The INTERESTED PARTY should provide correct, accurate and true information, undertaking the commitment to update its PERSONAL DATA, whenever there is any amendment.
4.3. The content of information entered in the registration is INTERESTED PARTY´S responsibility, and WEBSITE is not responsible for correcting or verifying the PERSONAL DATA. USER(S) ensure and is (are) liable, in any case, civilly and criminally, to the truthfulness, accuracy and authenticity of the registered PERSONAL DATA.
4.4. Regardless of the provision in item 4.3 above, the WEBSITE may, at any time and at its solely discretion, verify PERSONAL DATA capable, for such, of requesting documents and receipts from USER for verification of provided information, at any time.
4.5. The WEBSITE may refuse any registration request, as well as suspend or cancel the registration previously accepted that is not in compliance with the policies and rules contained in this TERM and further amendments.
4.6. Without prejudice of other measures, the WEBSITE may, at any time and at its sole discretion, warn, suspend or cancel, temporarily or definitely, the registration of an USER and/or its ADVERTISEMENT(S), suspending the provision of its services, if: (i) the USER does not comply with the provisions of this TERM; (ii) the User does not comply with its duties of USER; (iii) practices or has suspicion of practice of fraudulent acts or willful misconducts; (iv) it is not possible to verify USER´S identity, or if verified that any information provided by it is incorrect; (v) the ADVERTISEMENT(S) or any USER´S attitude has caused any damage to third-parties or to the WEBSITE itself, or has (have) potential to do it so. In the cases of disqualification of USER´S registration for the reasons hereby listed, all active ADVERTISEMENT(S) and/or offer(s) made shall be automatically canceled.
4.7. Registration at the WEBSITE is free of charge, however, services offered by the WEBSITE shall be charged as provided in this TERM and acquisition of specific services.
4.8. It is hereby established that the USER’s nickname at the WEBSITE cannot keep any similarity to the name “OSUCATEIRO”. Nor can be used any nickname that implies or suggests that the advertised products belong to the WEBSITE. It shall also be removed nicknames considered offensive, as well as those containing USER´S personal data, URL or electronic address.
4.9. In no event it shall be permitted the assignment, sale, rental or any other form of account transfer. It shall also not be permitted the maintenance of more than one registration by the same person, or still the creation of new registrations by persons whose original registrations have been suspended, temporarily or definitely, for breaches of the policies of the WEBSITE.
4.9.1. However, it shall be permitted the creation of registration with Multi-users, where several users can be linked to a single account, all of them with individual login and password.
4.10. USER can, at any time, request for the disabling of the registration. For such, it should be sent a request to the WEBSITE, by filling the form of menu “fale conosco” (contact us), which shall analyze the request within the term of ten (10) business days, in order to verify eventual purchases and sales still not concluded. Should there not be known pending matters, the WEBSITE shall perform the removal from the registration, maintaining in its files information regarding the transactions undertaken.
5. ACCESS TO THE WEBSITE.
5.1. The USER shall access its account through login and password, undertaking not to inform them to third-parties, being completely responsible for the use thereof.
5.2. The USER undertakes to notify the WEBSITE immediately, and safely, regarding any non-authorized use of its account, as well as its non-authorized access by third-parties. The USER shall be the sole responsible for the operations performed in its account, once the access shall only be possible upon inclusion of personal password, which should be USER´S knowledge and exclusive property.
6. ADVERTISED PRODUCTS AND SERVICES.
6.1. ADVERTISEMENTS AND OFFERS.
6.1.1. The SELLER USER can advertise the sale of product(s) or service(s) in its (their) respective categories and sub-categories. ADVERTISEMENT(S) can contain charts, texts, descriptions, photos, videos and other relevant information of offered product(s) or service(s), whenever such practice does not breach any provision set forth by Law, herein, as well as in the other policies of the WEBSITE.
6.1.2. Product(s) or service(s) offered by SELLER USER should be described with clarity, containing all relevant characteristics. It shall be assumed that, upon inclusion of the advertisement at the WEBSITE, the USER expresses the intent and represents to be entitled to sell product(s) or offer service(s), in addition to provide product(s) for immediate delivery. ADVERTISEMENT(S) should prominently contain, if applicable, the description of all taxes levied on the transaction, in strict compliance with the applicable tax legislation.
6.1.3. The description of the service(s) or product(s) displayed at the WEBSITE is made by the SELLER USER and sent to the WEBSITE, since photos or videos, trade names, trademarks, logos of any nature are exhibited as orientation and under SELLER USER´S responsibility.
6.1.4. SELLER USER can submit image(s) and photo(s) of the offered product whenever it (they) correspond(s) to the faithful reproduction of the offered product. Product(s) photo(s) cannot breach third-party´s copyright for use as established in this Term, since the WEBSITE can request, at any time, documents that prove the correct use of image(s) by USER, without prejudice of its immediate removal from the WEBSITE, should such request be not prompt responded.
6.1.5. SELLER USER is aware of and completely agrees that the ADVERTISEMENT shall be submitted to an evaluation and may receive a description customized by the WEBSITE´S team. Customization of the description made by the WEBSITE does not result in assumption of any WEBSITE´S responsibility by the offered service or product, given that it only aims at standardizing the description language and characterization of the offered service or product. Thus, after confirmation of the product publication at the WEBSITE, SELLER USER should verify if the description is correct and, if applicable, in the event of inaccuracies, request for the amendment through WEBSITE´S service channel.
6.1.6. SELLER USER should inform the quantity of products that intends to sell and its unit price. In case it has several units of a same product that does not want or cannot sell separately, that is, a set, should enter the price of the set, being aware of that the selling rate shall be charged at the declared value of the set, even in the event that decides on further selling at the publication of the ADVERTISEMENT, one or more units, in an isolated form.
6.1.7. SELLER USER undertakes to the quality, origin, originality, and delivery of the product, as well as to the service efficiency it has provided, and WEBSITE will not have any responsibility in this sense.
6.1.8. SELLER USER is responsible for the definition of the value to be charged for the service or product, given that such value should be equal to or higher than one cent of Real (R$ 0.01), except when directed to donation.
6.1.9. With the scope of avoiding any misunderstanding or misleading related to the final price of the service or product offered by the SELLER USER, the WEBSITE may remove ADVERTISEMENT(S), which final price is not in compliance with the General Terms and Conditions of Use and its Policies is not sufficiently clear or that permits any type of doubt or variation on the price.
6.1.10. The USER hereby authorizes the disclosure and publication of its ADVERTISEMENT associated to WEBSITE´S services, at WEBSITE´S exclusive discretion, in social networks, banners, and other disclosure channels.
18.104.22.168. In addition to the disclosure at the website www.osucateiro.com, ADVERTISEMENT shall be disseminated at the websites www.elchatarrero.net; thescrapdealer.com and www.feipinjingxiaoshang.com, in Spanish, English, and Chinese languages, respectively. The WEBSITE shall perform the automatic translation of the ADVERTISEMENT, as well as the transaction of currency exchange (official currency: American Dollar), not being responsible for eventual inconsistencies in the translations and values assessed by virtue of the exchange.
6.1.11. The SELLER USER hereby also authorizes that the product(s) it sells is (are) resold at the WEBSITE by third-parties using the same ADVERTISING, including the use of the image(s) and text included thereon.
6.1.12. ADVERTISEMENT(S) shall have duration corresponding to the type of advertisement and categories chosen by the SELLER USER, terminating when the respective term of duration expires, or when the quantity of the advertised product finishes.
6.1.13. In view that the PURCHASER USER receives SELLER USER´S contact data (and vice versa) after expressing the intention in purchasing the advertised product, it is not permitted to enter or maintain in the own advertisement any PERSONAL DATA for contact, such as, and not limited to telephone number(s), email address(es), or webpage(s) containing data previously mentioned.
6.1.14. The ADVERTISEMENT(S) of the SELLER USER that provided wrong information shall be automatically canceled, without any encumbrances, indemnities, or reimbursements of any nature that are due.
6.1.15 PURCHASER USER accepts the risk related to the acquisition of products, especially regarding to what they refer to.
6.2. ADVERTISING PROHIBITED PRODUCTS AND SERVICES.
6.2.1. It can only be advertised at the WEBSITE product(s) and service(s) which sale is not prohibited or controlled by the effective law, WEBSITE being allowed to remove any products that understands as breaching the legal order.
6.2.2. It is hereby expressly prohibited to advertise or sell product(s) or service(s) which marketing is prohibited and/or controlled in the Brazilian territory and/or with similar prediction in international treaties and conventions homologated by Brazil, as well as, but not limited to (i) firearms, melee weapons, or similar, powder or explosive material, narcotic, toxic, and any type of illegal drugs; (ii) medicines, any type of drugs or products to which therapeutic effects of any nature are attributed; (iii) stolen or robbed products, (iv) human and/or animal organs, in whole or in part, (v) counterfeit currencies and money, (vi) smuggled, counterfeit, or adulterated goods, as well as copy or replicate of third-parties´ products, (vii) stocks of companies traded in Stock Exchange, lottery tickets, mailing lists or personal data base, (viii) cigarettes and other products derived from tobacco, (ix) active devices, electro stimulators, devices, and products for use in physical education, embellishment and aesthetic correction that are not duly registered and approved before the National Health Surveillance Agency and other regulatory bodies, (x) CDs with music in MP3 format, (xi) products that cause violence and/or discrimination based on race, sex, religion, nationality, sexual orientation issues, or of any other type, or (xii) beverages in general and food products, (xiii) products and services of any erotic nature, including erotic massage, sex shop products, pornographic and/or erotic products of any nature, including, but not solely, magazines with sexual content, videos of any material or services potentially offensive to moral and good manners, (xix) prostitution services and/or similar; (xx) pedophilia, or any material which reference is made or involves minors and child pornography; (xxi) demand and offer of job for children under 18 years-old; (xxii) religious services, (xxiii) other illegal services according to the legislation in force or that may be considered offensive to third-parties.
6.2.3. SELLER USER also undertakes not to market products and services that breach protection laws of software, copyrights, patents, trademarks, models and industrial drawings, copies and/or backup files, license, academic programs and/or developed for some educational entity, or industry secrets, or products seized or affected by any restriction of any type regarding its use, exploitation, or transfer of domain or ownership.
6.2.4. USERS can market, exceptionally, machinery that is not adjusted to NR-12, provided that strictly according to the content of article 12.2, entered by Ordinance MTE No. 857, of 6/25/2015, that is, necessarily, the destination of the good shall be export.
7. INFORMATION PRIVACY.
7.1. All information or USER´S PERSONAL DATA are stored in servers or magnetic means. Except with respect to information published in the ADVERTISEMENT, WEBSITE shall adopt all applicable measures to maintain the confidentiality and security of confidential information, however, it shall not be responsible for eventual losses that result from the disclosure of such information by third-parties that use public networks or internet, subverting security systems to access USER´S information.
7.2. USER expressly certifies that its information and PERSONAL DATA are shared by the WEBSITE, members of the Intellectual Property Protection Program, authorities and Individuals or Legal Entities that claim to have been damaged by USER(S).
7.3. The USER expressly certifies that its information and PERSONAL DATA are shared by the WEBSITE to FRANCHISEES, responsible for the offering of assistance to USER for registration and management of its products at the WEBSITE.
8. USER´S OBLIGATIONS.
8.1. PURCHASER USER´S OBLIGATIONS.
8.1.1. PURCHASER USER should: (i) have legal capacity to negotiate the product or service; (ii) after purchasing of an item advertised through WEBSITE tools, contacting SELLER USER, clarifying doubts perhaps existing; (iii) contact SELLER USER in the event of doubts on delivery, payment forms, as well as regarding this TERM; and (iv) perform price payment directly to SELLER USER, according to prior agreement between USERS, and confirm product receipt to SELLER USER.
8.1.2. USER(S) interested to purchase product(s) or to contract service(s) advertised by SELLER USER should express its interest during the effective period established in the ADVERTISEMENT. PURCHASER USER, after expressing interest in the purchase of the advertised item, undertakes to contact SELLER USER and to perform the transaction, unless negotiation is prevented by Law or by this TERM, or in the event of SELLER USER or PURCHASER withdraws the business of mutual agreement.
8.1.3. The USER that may perform the purchase is aware of that OSUCATEIRO acts as a platform of advertisements, and the SELLER USER is responsible for the product and respective provided information.
8.2. SELLER USER´S OBLIGATIONS.
8.2.1. SELLER USER should: (i) be legally capable of negotiating the product; (ii) contact the PURCHASER USER, clarifying existing doubts; and (iii) reserve the product for delivery, as conditions set forth in this TERM and agreed with the PURCHASER USER.
8.2.2. SELLER USER cannot offer service(s) or product(s) that: (i) is (are) illegal, violent, pornographic or degrading; (ii) induce(s) or incite(s) dangerous, risky, or harmful to health and psychic balance; (iii) is (are) false, ambiguous, inaccurate, excessive, or extemporaneous, in order to induce to error regarding its object or intentions or purposes of consumer; (iv) breach(es) third-parties´ privacy rights; (v) in any form, directly or indirectly, constitute or may lead to constitute an unfair competition situation; (vi) disseminate(s), induce(s), or encourage(s) pedophilia; or (v) breach the provision of Clause 6.2. of the TERM.
8.2.3. SELLER USER undertakes to contact PURCHASER USER to perform the transaction whenever has received expression of interest in the purchase of the advertised item. Only in the following exceptional cases SELLER USER may not perform the sale: (i) in case there was no agreement with PURCHASER USER regarding the payment form or term of delivery; (ii) if it was not possible to verify the actual identity or information of PURCHASER USER; or (iii) if there was typing error when registering price or quantity of the advertised product.
8.2.4. The SELLER USER should, in compliance with the Brazilian law in force, in addition to provide clear and ostensible information regarding any restrictions to product or service acquisition, always indicate in its advertisement(s) the essential characteristic(s) of the product or service, included the risks to consumers´ health and safety. Should be equally indicated by SELLER USER in the ADVERTISEMENT any additional expenses that should be paid by PURCHASER USER for product or service acquisition, such as delivery or insurance expenses. It should also be indicated by all SELLER USERS classified in supplier´s legal definition, the means appropriate so that PURCHASE USERS exercise their right of retraction in relation to products offered in their advertisements.
8.2.5. The SELLER USER represents to have the offered product for immediate delivery. In case it does not have the advertised product for immediate delivery, SELLER USER shall be responsible for suspending/disabling temporarily the ADVERTISEMENT, until product is available in its stock for prompt delivery. The SELLER USER shall be the sole responsible for the non-compliance with the delivery of the product within the term agreed with the PURCHASER USER.
8.2.5. [sic] By virtue of the WEBSITE does not appear as part of the purchase and sale negotiations of services and products that are carried out between USERS, the responsibility for all resulted obligations, either tax, labor, consumer, or of any other nature, shall be exclusively of the SELLER USER. Thus, the SELLER USER represents and recognizes that, should WEBSITE be judicially demanded or has against it a complaint from the consumer protection bodies, the values related to awards, agreements, court costs and attorney´s fees spent by the company shall be SELLER USER´S responsibility to which gave cause to, still authorizing the withdrawal of the respective values of its account from the WEBSITE. For not appearing as party in the purchase and sale negotiations that are performed between USERS, the WEBSITE cannot force the SELLER USER to fulfill its obligation or perform the negotiation.
8.2.6. The WEBSITE is not responsible for the tax nature obligations levied on the businesses agreed between PURCHASER USER and SELLER USER. Thus, the SELLER USER acting continuously, pursuant to the terms of the legislation in force, shall be responsible for the entire obligations resulted from its activities, notably for applicable taxes.
9. COMMUNICATIONS BETWEEN USERS.
9.1. All communications and negotiations regarding the product(s) offered at the WEBSITE and that is (are) originated from the WEBSITE should necessarily be made in the own WEBSITE. It is not permitted that SELLER USER directs PURCHASER USE to other vehicles with the purpose of concluding the sale outside the WEBSITE.
9.2. Communication between PURCHASER USER and SELLER USER can be stored at the WEBSITE in order to preserve a full history of the orders performed at the WEBSITE, and verification of the compliance with the policies and rules established herein.
9.3. USER accepts that it is not permitted to enter or maintain in the own ADVERTISEMENT or in the section of questions and answers any PERSONAL DATA for direct contact, without WEBSITE intermediation, such as, but not limited to telephone number(s), email address(es) or webpage(s), as well as own or third-parties´ bank data.
9.4. USER accepts that the WEBSITE can moderate the section of questions and answers and delete messages, words, and expressions considered aggressive, slanderous, injurious, and defamatory, or that breach any other rule of the TERM.
9.5. The section of questions and answers should not be used as a service. To communicate and request services to the WEBSITE, either a doubt, problem, cancellation, abuse report, or others, the USER should access the menu “fale conosco” (contact us).
9.6. Should there be the cancellation of the transaction performed by PURCHASER USER, regardless of posting of the marketed Product, WEBSITE is not required to return the amount charged for the ADVERTISEMENT.
10. USE OF THE SERVICE PROVIDED BY FRANCHISEES.
10.1. The SELLER USER can make use of WEBSITE´S FRANCHISEES´ assistance, and such FRANCHISEES shall contact SELLER USER to provide its registration service and product management at the WEBSITE.
10.2. Services shall be offered to SELLER USER who, in turn, may choose among the plans established in the trade policy, since that “FRANCHISEE´S MAXIMUM HOURS” corresponds to the quantity of hours that FRANCHISEE shall be available to serve the SELLER USER “PLAN VALUE”, which corresponds to the amount paid by the SELLER USER to the WEBSITE for contracting of such service, and DIGITAL MEDIA VALUE, which represents the amount paid that shall be allocated to advertising and marketing of SELLER USER´S products at different electronic addresses.
10.3. The prices and trade policy shall be informed in the offers and confirmed at the time of contracting to enable the dynamism and update the PLAN VALUE and other services, according to profile of each interested party, which moment SELLER USER shall be bound by all services expressed accepted.
10.4. If the service is contracted, the FRANCHISEE shall be responsible for the communication with SELLER USER, for advertisement of its product (in compliance with the General Terms and Conditions of Use of the WEBSITE) and for the management and follow-up of purchase and sale proposals, using for such, own registration (login and password) to be made with the WEBSITE.
10.5. The SELLER USER is not required to contract FRANCHISEE´S services and, in case it wishes so, may perform the registration and management of its products directly at the WEBSITE, according to the guidelines established in Clause 6 of this subscription agreement.
10.6. The WEBSITE is not responsible for the contract adjustments performed between SELLER USER and FRANCHISEES, especially with respect to advertised products and provision of login and password, being SELLER USER´S exclusive responsibility to follow-up the services provided by FRANCHISEES, the products advertised by them, and accuracy of provided information.
11. WEBSITE´S RESPONSIBILITY.
11.1. WEBSITE undertakes to eventual damages caused to its USERS for defects or failures exclusively related to the provision of its hosting services and publication of advertisements at the website www.osucateiro.com, since WEBSITE has given cause to the said defects and failures.
11.2. The WEBSITE does not undertake to technical and/or operational defects or failures of USER´S or third-parties´ system.
11.3. The WEBSITE does not undertake to any damage, harm, or loss suffered by USER by virtue of failures in internet, system, or server used by USER, resulted from third-parties´ conducts, act of God or force majeure. The WEBSITE shall also not be responsible for any virus that may attack USER´S equipment due to access, use, or navigation at internet, or as consequence of the transfer of data, files, images, texts, videos, or audio.
11.4. The WEBSITE is not the owner of the products or the provider of the services advertised by USERS, is not the custodian of such items and does not perform the sale offers or interferes in the delivery of the products.
11.5. The WEBSITE, therefore, is not responsible for the existence, quantity, quality, status, integrity, or legitimacy of services or products offered, acquired, or disposed by USERS, as well as for the capacity of contracting from USERS or for the accuracy of personal data they entered in their registrations. The WEBSITE does not grant warranty for hidden or visible failures in the negotiations between USERS. Each USER knows and accepts to be the sole responsible for the products it advertises, or for the offers it performs, and the parties understand that the WEBSITE provides the space only for negotiation but does not earn anything for the sale.
11.6. The WEBSITE shall not be responsible for the effective compliance with the obligations undertaken by USERS. The USER recognizes and accepts, when performing negotiations with other USERS or third-parties, that does it so at its own account and risk, recognizing the WEBSITE as mere provider of services to provide virtual space for advertisements of products and services offered by third-parties. In no event WEBSITE shall be responsible for the loss of profit or for any other damage and/or loss that may suffer due to negotiations performed or not through the websites resulted from the conduct of other USERS.
11.7. WEBSITE does not ensure accuracy of third-parties´ publication that appears in its website and shall not be responsible for correspondence or agreements that USER carries out with third-parties.
11.8. WEBSITE recommends that every negotiation be handled with caution and common sense. USER should ponder the negotiation risks, taking into account that may be, eventually, handling with persons making use of false identity.
11.9. The activities developed by FRANCHISEES are limited to sales promotion in the same characteristics of the WEBSITE, help by disclosing USERS’ products and services, but are not qualified as responsible in any other aspect, because they do not participate of any profit with the sale of assets or services.
11.10. This TERM does not give rise to any articles of association, power of attorney, or employment relationship between the WEBSITE and the USER. The USER expresses its knowledge that the WEBSITE is not part of any negotiation made between USERS or has any control over the existence, quality, safety, or legality of products or services advertised by USERS, on the veracity or accuracy of the advertisements prepared by USERS and on USERS’ capacity for negotiation. In this sense, the WEBSITE cannot ensure the success of any negotiation made between USERS or verify the identity or PERSONAL DATA of USERS.
11.11. WEBSITE may restrict the access of content and products to USERS regarding it deems appropriate, or that involved parties do not fulfill as to the legal requirements for negotiation between each other.
12. PAYMENT FORMS OF PRODUCTS AND SERVICES.
12.1. The compliance with the consideration resulted from the purchase of the product(s) advertised at the WEBSITE shall be performed directly to the SELLER USER, by payment previously agreed between the parties. However, aiming at verifying higher safety for negotiation, WEBSITE advises that financial transactions are performed by electronic means of online payment, such as: PagSeguro, PayPal, among others.
12.2. In case USERS opt for paying the consideration by electronic means of online payment, they agree that, in view of enabling the performance of the financial transaction, they should register, if required, at the electronic platform of payment (PagSeguro, PayPal, among others), declaring to have read, understood and accepted the Terms and Conditions set forth in the chosen tool.
12.3. The USER may increase the Plan already acquired by other of higher amount; in this case, the balance already complied shall be used for the new contracting, being charged only the difference of the Plans.
12.4. The USER may reduce the Plan during its effectiveness, the paid amounts shall be used to comply with the new chosen plan, but eventual amount that exceeds the new contracting shall remain as WEBSITE´s benefit as compensation for breaching prior the term.
12.5. Should USER wish to cancel the Plan prior its conclusion, all paid amounts shall be withheld by the WEBSITE as compensation for termination.
12.6. It is hereby established that the amounts originating from the commercial transactions resulted from ADVERTISEMENT(S) performed between USERS shall not be inured, in any event, to WEBSITE, since that there shall not be any responsibility for the adjustments made between USERS.
12.7. The parties establish that the currency to be used in the transactions performed with the platform are the following: a) In transactions within the national territory, it shall be used the Brazilian Real (R$); b) In export transactions, from the Brazilian territory, it shall be used the American Dollar (U$$); c) In all other operations in the external market, it shall be used the American Dollar (U$$).
13. COMPENSATION FOR USING THE WEBSITE.
13.1. The WEBSITE shall be entitled to a fee of three percent (3%) on the sale price of the products intermediated in transactions performed through the REVERSE SALE platform. On the other hand, should there be direct sale performed by intermediation, WEBSITE shall charge unit value per ADVERTISEMENT, which amount shall be assessed through Trade Policy of Sliding Scale of Discounts.
13.1.1. The USER is entitled to contract, in advance, Subscription Plan of ADVERTISEMENT (as established in the Trade Policy of Sliding Scale of Discounts), through Bi-Monthly, Semi-Annually, or Annually modalities, with automatic renewal (except cases of prior cancellation).
22.214.171.124. Regardless of the contracted Subscription Plan, the USER shall have the non-extendable term of up to sixty (60) days, as of contracting date, to perform the ADVERTISEMENT.
126.96.36.199. Within the interregnum of seven (7) days prior expiration of the term to perform the ADVERTISEMENT, the WEBSITE shall send to the USER notice for renewal, payment, or exchange of the plan, such term Overrun, without expression by USER, subscription shall be automatically canceled, in order to credit to overcome shall be considered expired.
13.1.2. The contracted Subscription Plan shall be considered due at the contracting, by SELLER USER, and it should be paid through online payment electronic means (PagSeguro, PayPal, etc).
13.1.3. As a form to implement its marketing policy, the WEBSITE may, eventually, provide discount coupons to be used by USERS in contracting of new subscriptions and/or migration to other Plans, through prior disclosing at the websites.
13.1.3. [sic] In the event of SALES REVERSAL, compensation shall be considered due by SELLER USER at the closing of transaction, through online payment electronic means (PagSeguro, PayPal, etc), being the WEBSITE required to provide PURCHASER USER´S name only after payment confirmation.
13.2. It is established that SELLER USER of the SALES REVERSAL cannot offer bids in its own SALES REVERSAL.
13.3. In SALES REVERSAL, if the PURCHASER USER that offered the highest bid and, therefore, was considered the winner of the transaction, does not make the payment of the traded value within the maximum term of one (1) business day from the Sale, it shall be understood that it has walked out on the business, undertaking to the payment of Contract Fine at the percentage of twenty percent (20.00%) on the total amount of the not concluded negotiation, being PURCHASER USER´S registration suspended until fine is paid.
13.3.1. After the maximum term for payment of the Purchase at an Auction have expired, without the corresponding payment by PURCHASER USER, the SALES REVERSAL shall be automatically canceled, and the SELLER USER would be discharged from the payment of any amount to the WEBSITE.
13.4. If the SELLER USER desists of the SALES REVERSAL after the first Bid, it is required to pay the Contract Fine payable in favor of USER that made the Bid at the percentage of twenty percent (20.00%) on the value of the initial bid, and the SALES REVERSAL will be equally canceled.
13.5. The SELLER USER is responsible for choosing the product weight range for freight calculation to send it to PURCHASER USER.
13.6. The WEBSITE may change the charged values at any time. Such amendments shall not be effective in relation to BUSINESS and ADVERTISEMENTS already initiated at the time such amendments are published.
14. VIRTUAL JUDICIAL SALE
14.1. The virtual judicial sale is set forth in article 886, item IV of Law No. 13.105/15 (Code of Civil Procedure) and ruled in articles 881 et. seq. of the same Law, so that the USER hereby declares to be aware of and understands that the provisions of the said legislation, as well as they refer to expropriated assets coming from lawsuits (therefore resulted from levy an expropriation acts performed in execution procedure in face of legal entities and/or individuals).
14.2. In case it is the winner of virtual judicial sale, the USER is hereby required to bear its bid and all expenses, including official auctioneer´s fee set forth in the Public Notice of each auction. Such obligation shall result either in the civil scope, the official auctioneer may execute the values and Judge that determined the auction may open police investigation to assess possible irregularities, including criminal.
14.3. Purchaser should make payment(s) as established in the respective Auction Public Notice provided by Judge, and the WEBSITE does not have any responsibility for mistakes, failures or provisions in general of the Public Notice, which is Judiciary Branch´s and assigned public auctioneer’ exclusive achievement. Similarly, the WEBSITE is not responsible for defects and failures of subpoena or notice of judgment debtor (owner of the asset), which is exclusive responsibility of the assigned official auctioneer.
14.4. The WEBSITE is not responsible either for the origin, source, validity, eviction, hidden defects or existence of impediments or encumbrances on the assets in Auction, or for the payment of taxes/charges related to the good, if any.
14.5. The USER is hereby aware that, pursuant to the terms of article 892 of Law No. 13.105/15 (Code of Civil Procedure), the payment should be immediately made by the Purchaser, by deposit in court or wire transfer, unless judicial statement to contrary, of which WEBSITE has no interference.
14.6. The USER is aware of that the non-payment of the price of the asset bought at an auction, of the Auctioneer´s commission and of the administration expenses, within the established term, shall constitute waiver by Auctioneer that, therefore, may be required to bear the penalties provided in the Public Notice, as well as extra-judicial collection of the fine, expenses, and commission of the auctioneer, in addition its admission to credit protection bodies, without prejudice of eventual judicial demand for collection of the caused losses, pursuant to the terms of article 897 of Law No. 13.105/15 (Code of Civil Procedure) and of article 39 of the Decree No. 21.981/32.
14.7. The USER is still aware of that, in case intends to acquire the seized asset in installments and ends up delaying the payment of any thereof, it shall be subject to the payment of fine of ten percent (10%) on the sum of the outstanding installment with installments to be due, as provided in article 895, § 4 of Law No. 13.105/15 (Code of Civil Procedure).
14.8. The USER is aware of that the bid offering low price shall not be accepted. In this context, according to article 891 of Law No. 13.105/15 (Code of Civil Procedure), it is considered the price below is lower than the minimum established by the judge and contained in the public notice and, in case the minimum price has not been established, it is considered low the price below fifty percent of the appraisal.
14.9. The USER is aware of that, referring to asset of disabled person, the auction shall not be improved if the value of the bod does not reach at least eighty percent (80%) of the appraised value, as well as the USER, in case of retraction, shall be subject to a fine of twenty percent (20%) on the appraised value, for the benefit of the disabled person, decision deemed as enforceable instrument, pursuant to the terms provided in article 896, main section and § 2 of Law No. 13.105/15 (Code of Civil Procedure).
15. FINAL DATE TO SEND THE PRODUCT AND LOSSES.
15.1. Except in the cases that products cannot be delivered by Post Office, the SELLER USER should send the product to the address informed by PURCHASER USER within the term of seven (7) business days as of the date of sale.
15.2. In the case of products that cannot be sent by Post Office, the SELLER USER and the PURCHASER USER should agree the form of delivery of the products between each other.
15.3. Post Office shall be responsible for the compliance with the delivery term established in the shipment of the product, as well as in the events of loss. In such event, the PURCHASER USER shall be reimbursed by the SELLER USER from the paid amounts.
15.4. The WEBSITE is not responsible for the delivery or status of the acquired product or does not have the obligation to cause SELLER USER to comply with its obligations or performs NEGOTIATION.
15.5. In the event of service sale, the negotiation, regarding the term and place for performance of the service, shall exclusively take place between the SELLER USER and the PURCHASER USER, and the WEBSITE shall not have any liability to the improvement of the service, as well as its quality and efficiency.
16.1. The PURCHASER USER has the term of seven (7) calendar days as of the receipt date of the product, in order to request SELLER USER its return, regardless of the reason.
16.2. In order to perform the return procedure set forth in the previous clause, the PURCHASER USER should directly contact SELLER USER, which should perform the reverse of the value paid by PURCHASER USER, as well as agree the effective product return form.
16.3. The WEBSITE content clearly and undeniably handles with products, inputs, goods and services used, recycled and reused. Being such information widely disseminated and of undeniable knowledge of all persons involved, including the results in economic benefit and different prices, not being accepted returns that disregard the predicted wear and tear conditions of the assets.
17. TERMS AMENDMENTS.
17.1. The WEBSITE may at any time, change, amend, or exclude part of the content of this TERM, in view of its enhancement and improvement of the services provided. For such reason, the WEBSITE recommends the careful reading to each access to WEBSITE, since that, in the event of updates, the acceptance of the TERM with updates shall be required in the Purchase and Sale formalization.
18. GENERAL PROVISIONS
18.1. The commercial use of the expression www.osucateiro.com as a trademark, corporate name, or a domain name, as well as the contents of the screens related to WEBSITE services, as well as programs, data base, networks, files that permit USER to access and use its account are WEBSITE´s property and are protected by the laws and international treaties of copyright, trademarks, patents, samples, and industrial designs. The undue use and total or partial reproduction of the said contents are prohibited, except for WEBSITE´s express authorization.
19. JURISDICTION AND APPLICABLE LAW.
19.1. This TERM is governed by the effective laws in Federative Republic of Brazil. In order to resolve eventual doubts or issues related to this TERM, the parties elect the Courts of the Judicial District of Caxias do Sul – RS [State of Rio Grande do Sul], to the exclusion of all others.