HIGEX INDÚSTRIA E COMÉRCIO DE PRODUTOS SANEANTES LTDA, a legal entity governed by private law, registered with the CNPJ/MF under No. 09.468.552/0001-01, headquartered in São José/SC, hereinafter HIGEX, a business company operating in the market hygiene and cleaning, developing products and constantly innovating in commercial solutions for the prevention of microbiological control, offers its customers the possibility of making purchases over the Internet, through the e-commerce platform of its website higexvendas.com.br.
Thus, through this contract, it presents the general terms and conditions of use of the referred platform, which guarantees the status of an online store, under the following terms:
1. AGREEMENT AND LEGAL NOTICE:
1.1 These Terms and Conditions of Use and their respective annexes regulate the access, registration and use of the platform to customers/users, in order to establish their rights and obligations in the procedure for purchasing the products through the HIGEX website..
1.2 When browsing the platform, the user exercises his own will, and its use is allowed only in the event of full and unrestricted agreement with these Terms and Conditions of Use, as well as any other future changes, which may be carried out with in accordance with current legislation, and the user is solely and exclusively responsible for checking them regularly.
1.3 If there is any disagreement on the part of the user with the entirety of these Terms and Conditions of Use, he will automatically be unable to enjoy the services provided through the platform.
2. REGISTRATION:
2.1 The registration will only be confirmed if performed by users who are fully capable natural persons (arts. 3 and 4, of the Civil Code), or legal entities, duly represented by their partners and/or administrators.
2.2 For the registration to become valid, it is essential that the user provide their personal data, with exact, precise and true information, subject to the penalties of the law, in the civil and criminal scope, in case of providing untrue information, inaccurate or fictitious.
2.3 The registered data must be changed by the user whenever there is any real modification.
3. PAYMENT METHOD:
3.1 Payment for the products selected by the user can be made through bank slip, bank deposit and/or PIX
3.2 Prices and payment terms provided on the online platform may differ from purchases made by physical means and/or through a sales representative.
3.3 All sales are subject to analysis and confirmation of user data and the respective payment, and the offers are valid as long as the stocks available for online sale last.
4. PRODUCT DELIVERY:
The delivery of the goods will be made through a carrier hired by Higex and the freight value, after being informed to the customer, will be included in the product invoice. The delivery time for the goods will vary according to the client´s state and city
5.EXCHANGE AND RETURN POLICY
Check the company´s exchange and return policy by going to the icon at the bottom of the Higex sales site (e-commerce) under EXCHANGE AND RETURN POLICY..
6. OBLIGATIONS AND RESPONSIBILITIES OF CUSTOMERS/USERS:
6.1 Users are entirely responsible for the correct use of the platform, and must comply with all the rules established in this contract.
6.2 The user is prohibited from: inserting inappropriate or illegal content that violates the rights of third parties; replicate and/or distribute content or information that is owned by third parties or HIGEX, without the express consent of the person; act in violation of any applicable regulation or legislation..
7. HIGEX DISCLAIMERS:
7.1 The offers of products and services can be found on the main page of the platform. However, an offer can be deleted from the platform when the products in stock are exhausted and it is not possible to carry out a replenishment with suppliers.
7.2 Descriptions of the products displayed on the platform are provided by the suppliers and/or manufacturers of the products disclosed. For this reason, the user must be aware that the information given about each product, as well as photographs or videos related to it, including trade names, brands, distinctive symbols of any kind contained in the platform, are exposed for a guiding and illustrative purpose.
7.3 The user declares to be aware that access to the platform depends on the simultaneous functionality of several factors, some beyond the control of HIGEX, such as the interaction of third-party telecommunications servers and services, the adequacy of the user´s equipment, and others, the these not limiting themselves. Thus, HIGEX is exempt from any responsibility for failures arising from any impossibility of accessing the Platform due to reasons beyond its control and diligence.
7.4 HIGEX does not guarantee, under any circumstances, that the platform is free from possible failures, interruptions, viruses, problems, and other factors, and is also not responsible for the quality and security of the network used by the user to access the platform, instead that this is maintained by third parties, and therefore beyond their control, diligence and responsibility. 7.5 HIGEX will not, under any circumstances, be liable for any damages resulting from the interruption of access to the platform whenever such unavailability occurs through the fault of third parties, which is beyond its control and diligence.
7.6 Although using its best efforts, considering the characteristics of the computer systems, HIGEX is not responsible for acts of third parties who are successful in collecting or using, by any means, registration data and information made available by the user through the platform improperly by unlawful action. 7.7 The user is aware that HIGEX has no control over links that are inserted by third parties on the platform, as it does not carry out prior control of their content. Thus, it is the user´s obligation to verify the regulations and policies of the websites accessed through such links, and HIGEX is exempt from any responsibility for damages of any nature that may be caused to the user by reason of the access.
7.8 The verification of the adequacy of the dimensions of the products is the responsibility of the user, who must make sure that the products are in accordance with the spatial limits of the place of delivery. HIGEX, when not contracted for this purpose, is not responsible for the assembly or disassembly of the winch, transport by ladder and/or doors and windows, or lifting of the deliveries of products purchased through the platform, unless expressly informed to the contrary by the HIGEX itself.
8. COPYRIGHT:
8.1 The contents of the platform, as well as illustrations, photographs, videos, applications, databases, networks, files, and any other copyright and intellectual creations, are the exclusive property of HIGEX or their respective owners, being protected by laws and by international treaties, including Laws No. 9,609/98, 9,610/98 and 9,279/96, its copying, reproduction, or any other type of use being prohibited, and violators are subject to the corresponding civil and criminal sanctions.
8.2 The user is prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, making available, licensing or creating derivative works from the information collected on the Platform, as well as transferring or selling such information, under penalty of violation of this instrument and legal infraction, as set out above.
8.3 All texts, icons, systems, programs, content, organization, messages, images or any other identification that are authored/titled by third parties and published on the platform, with the authorization of their respective authors/owners, or legal permission, equally are protected by the Law.
8.4 If the user determines the occurrence of violation of rights related to intellectual and/or industrial property, it is enough to formalize a complaint to HIGEX, through the Call Center (+55 48) 3258-6000 and through www.higex.com in the “Contact” option . In this case, HIGEX undertakes to take all measures to stop broadcasting the infringing content
9. TERM AND TERMINATION:
These Terms and Conditions of Use will remain in force for an indefinite period, as long as the user makes use of the platform.
HIGEX is entitled to unilaterally terminate, suspend or interrupt, at any time and without prior notice, access to the platform, without any compensation being due due to the termination of access.
Violation of any of the provisions contained in this instrument may cause the user to immediately cancel their access to the platform, regardless of any notice or notification, without prejudice to the user being liable for any damages caused, in addition to criminal sanctions, according to their conduct, under current legislation in Brazil
10. SECURITY
When using the platform, the user has their right to privacy guaranteed. Check the company´s exchange and return policy by going to the icon at the bottom of Higex e-commerce site, under SECURITY.
11. VENUE
The legal relationship described by these Terms and Conditions of Use is governed exclusively by the legislation of the Federative Republic of Brazil, including any actions arising from violation of its clauses.
The jurisdiction of the District of São José/SC is elected to settle any dispute regarding the interpretation and compliance with these Terms and Conditions of Use, the parties waiving any other, however privileged it may be.