Terms & Conditions
Terms
and
Conditions
Branco Carmim guarantees a fair and transparent experience.
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Scope and Purpose of the General Terms and Conditions of the Store
These Terms and Conditions, together with the contact form and other elements mentioned, are intended to regulate the terms and conditions governing the provision of the Branco Carmim service, headquartered at Avenida da Liberdade, nº 49, with unique registration and corporate tax identification number 508644070, with a share capital of €11,000.00, hereinafter referred to as "Branco Carmim".
The service consists of providing information relating to products and/or services, allowing the user to order services and products advertised by Branco Carmim, electronically, under the terms and conditions described herein.
Product orders must be placed by Users aged 18 (eighteen) years or older (individuals under this age must present authorization from their legal representatives).Product Information and Content
Branco Carmim will make every effort to ensure that the information presented does not contain typographical errors, and these will be corrected as soon as they occur. If you purchase a product that has different characteristics from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free withdrawal - see item 9).
Branco Carmim will make every effort to send all ordered products, but it is possible that, in certain cases and due to causes difficult to control by Branco Carmim, such as human error or incidents in computer systems, it may not be possible to provide some of the products ordered by the User. If any product is unavailable after you have placed your order, you will be notified by email or telephone. At that time, you will be given the option to cancel the order with a corresponding refund, if you have already made the payment.
All information about products, specifications, promotional offers and services may be changed at any time by Branco Carmim.Responsibilities
3.1. All Branco Carmim products and services comply with Brazilian Law.
3.2. Branco Carmim has adequate security levels; however, Branco Carmim will not be responsible for any losses suffered by the User and/or third parties due to delays, interruptions, errors, and suspensions of communications originating from factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software, or any computer viruses, or resulting from downloading infected files or files containing viruses or other properties that may affect the User's equipment. If, for any reason, access to the Branco Carmim website is impossible, Branco Carmim will not be liable for any losses.
3.3. Data and information queries made within the scope of this service are presumed to be made by the User, and Branco Carmim disclaims any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4. Branco Carmim will not be liable for any losses or damages caused by abusive uses of the service that are not directly attributable to it due to intent or gross negligence.
3.5. Branco Carmim is not responsible for losses or damages arising from the non-compliance or defective compliance with the service, such as is not directly or indirectly attributable to it due to intent or gross negligence, and is not responsible in particular for (i) errors, omissions or other inaccuracies relating to the information made available through the service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property; (iii) non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities; or (iv) for non-compliance or defective compliance resulting from force majeure events, that is, extraordinary or unforeseeable situations beyond Branco Carmim's control, such as fires, power outages, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural disasters or other situations beyond Branco Carmim's control that prevent or hinder the fulfillment of its obligations.
3.6. Branco Carmim does not guarantee that:
i) the service will be provided uninterruptedly, securely, without errors, or will function indefinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the service will meet any expectations of the User unrelated to the service;
iii) Any material obtained in any way through the use of the service is used at the User's own risk, and the User is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from this operation.
iv) No advice or information, whether oral or written, obtained by the User from or through the service will create any warranty not expressly stated in these General Conditions.
3.7. The User accepts that Branco Carmim cannot, in any way, be held liable for any damage, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if the User has been previously advised of the possibility of such damages occurring), resulting from:
a) the use or inability to use the service;
b) the difficulty in obtaining any substitute goods/services;
c) unauthorized access to or modification of personal databases.
Consumer Obligations
4.1. The User agrees to:
i) provide correct personal data and addresses;
ii) not use false identities;
iii) respect the imposed order limits.
4.2. If any of the data is incorrect or insufficient, and, for this reason, there is a delay or impossibility in processing the order, or eventual non-delivery, the User is responsible, and Branco Carmim declines any responsibility. In the event that the consumer violates any of these obligations, Branco Carmim reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services simultaneously made available by Branco Carmim to the same User; and also, not allow the User future access to any or all services made available by Branco Carmim.
4.3. The use of the acquired products and services for commercial purposes, notably for the resale of goods, is expressly prohibited.
Privacy and Protection of Personal Data
5.1. Branco Carmim guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the contact form as mandatory are essential for the provision of services by Branco Carmim. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may lead to the refusal to provide services by Branco Carmim.
5.3. The User's personal data will be processed and stored electronically and are intended to be used by Branco Carmim within the scope of the contractual and/or commercial relationship with the User.
5.4. Under applicable law, the User is guaranteed, without additional charge, the right to access, rectify and update their personal data, directly or by written request, as well as the right to object to the use of the same for the purposes set out in the preceding paragraph, and must, for this purpose, contact the entity responsible for processing personal data.
5.5. The Internet is an open network; therefore, the User's personal data, other personal information, and all content hosted on the service may circulate on the network without security conditions, including the risk of being accessed and used by unauthorized third parties for this purpose. Branco Carmim cannot be held responsible for such access and/or use.
Order Cancellation
6.1. At the User's Request
The User may cancel their order by contacting Branco Carmim by phone or email, referencing the Quote or Invoice number. This will be accepted, provided the order has not yet been processed. After processing, Branco Carmim will attempt delivery, but the User has the option to refuse it. The User may also negotiate with Branco Carmim if the order has already been processed.
For cancellation purposes, the User must provide Branco Carmim with the following information:
a) Quote Number
b) CPF (Brazilian tax identification number) used for the order
c) Original delivery address
6.2. By decision of Branco Carmim
Branco Carmim reserves the right not to process orders when it verifies any inconsistency in the personal data presented or observes misconduct on the part of the buyer. Branco Carmim reserves the right not to process any order or refund in the event of errors in the values and/or characteristics of the products, when these result from technical problems or errors beyond Branco Carmim's control.
Returns (Right of Withdrawal)
7.1. The User, if a consumer, may exercise the right of withdrawal without being required to pay any compensation, within 14 (fourteen) days from the day the consumer acquires the product, unless a different deadline is indicated in writing by Branco Carmim, to be informed, accepted and signed by the User.
To exercise this right, the User may use the form indicated below, indicating all their identification data, the subscribed service they wish to cancel and the subscription date. The communication must be made in writing, by letter, through the return of the purchased goods, or by another suitable and verifiable means within the aforementioned deadline or another conveniently indicated by Branco Carmim.
The consumer must, within 14 (fourteen) days from the date of communication of the cancellation (or another indicated by Branco Carmim), return the merchandise to Branco Carmim in the proper conditions of use.
Draft for a cancellation form (you should only fill out and return this form if you wish to cancel the contract):
To Branco Carmim
Avenida da Liberdade nº49, Serra d'el-Rei, Peniche
Tel.: +351 262 909 542
I/We hereby notify you that I/we cancel my/our contract of sale relating to the following goods/for the provision of the following service, requested on / received on *.
Name(s) of consumer(s) - address(es) of consumer(s) - signature(s) of consumer(s) ((if notified on paper))
*Delete as appropriate
The packaging must be returned complete, as delivered, and accompanied by all the documentation received, namely the following documents: sales invoice. The packaging and indicated documents must be sent free of charge to the following address:
Branco Carmim Unipessoal Ltda
Avenida da Liberdade, nº49
2525-801 Serra d'El-Rei, Peniche
If the User chooses other methods of return, the respective shipping costs will be their responsibility.
7.2. After receiving the return at Branco Carmim, the User will be refunded the amount corresponding to the value paid for the order (value of the sales invoice).
7.3. The method of refunding the amount to be returned depends on the payment method used in the respective order. In the case of payments by credit card, these credits will be credited to the respective accounts. In other cases, when the NIB information is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by check to the billing address. The refund is made within 14 days after receiving the notice of withdrawal and the return of the goods.
7.4. If any of the components of the sold item are missing, or if any of them are not in excellent condition, there will be no refund of price or shipping costs, and the product will be reshipped to the original shipping address.
Manufacturing Defect
8.1. In case of a "manufacturing defect," that is, when equipment failures are detected that, in principle, do not fall within the scope of the respective warranty, the User must return the equipment, along with a copy of the invoice and the completed "Equipment Exchange/Return Request" form, within a maximum of 30 consecutive days from the date of the invoice, to the following address:
Branco Carmim Unipessoal Ltda
Avenida da Liberdade, nº49
2525-801 Serra d'El-Rei, Peniche
If the User chooses other return methods, the respective shipping costs will be their responsibility.
8.2. For a product exchange to be processed, you must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal, and accessories) containing all its components, in excellent condition.
Alternatively, for products and equipment applied and installed directly by Branco Carmim, the User will be presented with a contract with specific terms and conditions. In these cases, this contract, signed by the User, takes precedence.
8.3. If any of the elements mentioned above are missing, or if any of the components are not in excellent condition, there will be no exchange, and the product will be returned to the User.
In either case, other solutions may be negotiated directly with Branco Carmim after presentation of the defect, with photographs. Branco Carmim will assess the situation and present a counter-proposal that may satisfy the User's needs.
Warranty
9.1. All equipment available at Branco Carmim is duly certified by the competent international entities.
9.2. The equipment and accessories have a warranty period defined by the manufacturer, which, according to legal terms, is at least 2 (two) years. This period is considered from the date of the equipment's invoice and can only be exercised upon presentation of the warranty certificate and/or proof of purchase (invoice) duly completed.
9.3. Equipment is considered outside the warranty conditions if it has exceeded the period defined by the manufacturer or presents defects caused by abnormal wear, improper external installation, weather conditions, electrical discharges, negligence or accidents, mishandling, infiltration of moisture/liquids, use of non-original accessories, and technical interventions by unauthorized personnel.9.4. If the equipment malfunctions, and if it is covered by the warranty, the User may take the equipment, along with the respective proof of purchase and/or warranty, to Branco Carmim or request that the equipment be sent to the address where it is installed or applied.
9.5. Accessories covered by the warranty that break must be sent, along with the respective proof of purchase and/or warranty, to the following address:
Branco Carmim Unipessoal Ltda
Avenida da Liberdade, nº49
2525-801 Serra d'El-Rei, Peniche
If the User chooses other methods of return, the respective shipping costs will be their responsibility. The User must always request the CTT (Portuguese postal service) receipt that proves the shipment of the order.
9.6. If the equipment breaks and this failure is not covered by the warranty, the User may take it, along with the respective proof of purchase, to an authorized service center of the brand.
Intellectual Property
10.1. Branco Carmim is registered and the service provided by it is its responsibility.
10.2. The User acknowledges that the service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation. 10.3. The User acknowledges that any content appearing in advertising, highlights, promotions, or mentions of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws, and other property protection laws, and therefore any use of such content may only occur with the express authorization of the respective owners.
10.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, refraining from any acts that may violate the law or said rights, such as the reproduction, commercialization, transmission, or making available to the public of such content, or any other unauthorized acts concerning the same content.
Service Security Conditions
11.1. The User agrees to comply with all applicable legal provisions, in particular, not to engage in or encourage the practice of illegal acts or acts offensive to public morals, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules for using the service, under penalty of Branco Carmim suspending or deactivating the service as provided for in item 14.
11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that can be used by multiple users, and as such, is subject to network overloads, so that Branco Carmim does not guarantee the provision of the service without interruptions, loss of information or delays.
11.3. Branco Carmim does not guarantee the provision of the service in situations of unforeseeable overload of the systems on which it is based, or force majeure (situations of an extraordinary or unforeseeable nature, external to Branco Carmim and which cannot be controlled by it).
11.4. In the event of interruption of the service due to unforeseeable overload of the systems on which it is based, Branco Carmim undertakes to restore its operation as quickly as possible.
Suspension and Deactivation of the Service
12.1. Regardless of any prior or subsequent communication, Branco Carmim may, at any time and at its sole discretion, discontinue the provision of the service and/or part of the service to one or all Users.
12.2. Branco Carmim also reserves the right to suspend or terminate access to the service immediately in the following cases:
a) When the User fails to comply with the conditions of use referred to in item 4 and others referred to in the General Conditions;
b) When Branco Carmim terminates access, upon prior notice 15 days before the date of termination.
12.3. The suspension or termination of the service by Branco Carmim, under the terms of the preceding paragraphs, does not entitle the User or third parties to any compensation or other redress, and Branco Carmim cannot be held liable or in any way burdened for any consequence resulting from the suspension, annulment, cancellation, or termination of the service.
Communications
13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any changes to these General Conditions, may be made to the User's email address, by SMS or telephone contact.
13.2. The User agrees to receive any and all communications and/or notifications related to Branco Carmim online, to the address, contact telephone number and/or email address ("email") indicated in the order process.
At any time, you may request not to receive these communications and/or notifications through the contact form or through the "Unsubscribe from Newsletter" option at the end of each.
Technical Settings
14.1. Without prejudice to the provisions of the following paragraph, Branco Carmim may alter the service and/or the technical conditions of its provision, as well as the respective rules of use, and must disclose such alterations to the User at least 15 (fifteen) days in advance.
14.2. The version of these General Conditions and their annexes in force at any given time is available on this same page.
Online Communications
15.1. Whenever Branco Carmim deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reconfigure the network settings.
15.2. Without prejudice to the provisions of the following paragraphs, and considering the innovative nature of the service and the technological developments to which it may be subject, Branco Carmim may alter its technical configurations whenever it proves convenient to adapt it to any technological developments.
15.3. However, Branco Carmim does not guarantee the User any upgrades or improvements to the service.
Complaints
16.1. The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or may be legally established, as well as complain to Branco Carmim about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
16.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the date the User became aware of the facts, and will be registered in Branco Carmim's information systems. Branco Carmim must decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of its receipt.
Applicable Law
This contract is governed by Portuguese law.