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GENERAL TERMS AND CONDITIONS
These General Terms and Conditions regulate the access to the website www.sparenatafranca.com (“Website”) as well as the purchase and use of the products, services, and information contained or traded on the Website (“General Terms and Conditions”).
Any person that intends to purchase products or services on the Website (“User”), or even to have access to the available information about therapists that attended the Renata França Method course (“Therapists”) must certify that they understood and accept the General Terms and Conditions of use of the Website.
We recommend the user to read carefully and certify that they understand and accept every condition set forth in these General Terms and Conditions before completing their User registration and/or making any purchase or research on the Website.
1.1. These General Terms and Conditions regulate the access to the Website, in particular (i) the providing of general information about activities, events, products, and preparatory courses related to the group composed by SPA Renata França Ltda., SRF Comércio de Cosméticos Ltda., and Acme Brands – Licenciamento e Marketing Ltda., all herein referred to as SPA (“SPA”); (ii) the access and use, by the User, of the available information on the Website about Therapists that attended the Renata França Method course; and (iii) the disclosure, sale and purchase of products and services of SPA (“Products” and “Services”).
1.2. The User is aware and agrees that information about the individuals who attended a Renata França Method course is available on the Website for information purposes only, for optional use by the User, at their own discretion and responsibility. SPA makes no representation about the competency or licensing status of any individual listed on the Website. User should independently confirm that an individual is licensed to perform massage therapy in their jurisdiction and conduct their own due diligence before agreeing to receive any services. Any contact or negotiation with any individual listed on the Website will be made directly by the User, without any SPA intervention in contract, negotiation, hiring and/or providing of any services. There is no employment relationship of any kind between the individuals listed on the Website and SPA.
1.3. The sale conditions of the Products and Services advertised on the website are described in these General Terms and Conditions and on the respective Product or Service advertisement page.
1.4. The User will receive information on the status of purchase and delivery of the Products by e-mail, SMS or WhatsApp. The User, by accepting these General Terms and Conditions, authorizes SPA to send e-mails, SMS and WhatsApp messages with information on the purchase and delivery status of the order at the email address and mobile phone number informed by the User in their registration.
1.5. SPA may provide, at its sole discretion, User testimonials about the Products and Services available on the Website. The User expressly authorizes the disclosure on the Website of their testimonials regarding the Products and Services, delivery time, service received, and any other aspects of the relationship between the User and SPA.
1.6. The User is aware and agrees that SPA will not have any kind of liability by the testimonials left by the Users, which will be available on the Website for the purpose of sharing User experience data and they should not be understood as any warranty by SPA.
2. USER REGISTRATION AND WEBSITE ACCESS
2.1. The purchase of Products or Services available on the Website may only be made by people over eighteen (18) years of age who have the legal capacity to contract, a valid email address, and complete the required fields of registration.
2.2. In addition to people deemed by law to be incapable of exercising his/her responsibilities, the Users whose registration have been canceled by the Website due to non-compliance with these General Terms and Conditions may not acquire Products or Services.
2.3. The User registration is unique, and the same person is not allowed to have more than one registration on the Website. SPA reserves the right to refuse or cancel any registration that is contrary to these General Terms and Conditions.
2.4. To register, the User must fill in all spaces of registration data with correct, complete and true information, and is responsible for updating such information whenever there is any change. Registration will only be completed upon the User declaration that they have read, understood and accept these General Terms and Conditions.
2.5. Any changes to the User data must be immediately communicated to SPA by the User themselves, by updating their registration data on SPA Website. The Users shall be solely and exclusively liable for any damages and losses caused to themselves, third parties or SPA as a result of the omission, incorrectness or inaccuracy of the information provided in their registration on the Website as well as the delay in updating or changing their data registration.
2.6. LIABILITY FOR THE USER REGISTRATION USE. The User is aware and accepts, voluntarily and expressly, that the User registration is personal and not transferable, and the use of the Website will always be through login and password, under their sole and exclusive responsibility, and they must safely maintain their login and password. The User will be solely and exclusively responsible for the use and transactions performed upon access with their login and password, being required to notify SPA immediately of any suspicion of unauthorized access to their User registration, sending a message to firstname.lastname@example.org. The User is aware that in this case, the Website may block or suspend the User registration for the period necessary to verify the suspicion of improper access.
2.7. The content of the information provided in the registration is the sole responsibility of the User, and the Website is not responsible for the correction or checking of personal data of Users or for any consequence of the provision of incorrect or untrue data by the User.
2.8. Notwithstanding the provisions of the item 2.6 above, SPA reserves the right to check the accuracy of the User’s registration data, as well as to request additional information or documents deemed necessary for the confirmation of the informed data.
2.8.1. If SPA finds that the User has provided incorrect or untrue data, it may, at its sole discretion, block, suspend or unsubscribe the User.
2.9. REGISTRATION REMOVAL REQUEST. The User may, at any time, request the removal of their registration on the Website. For such, the User must send a message to email@example.com. SPA, within thirty (30) business days, will check if there are purchase transactions in progress (not yet completed) in the User’s account. If there are no purchase transactions in progress or payment outstanding due to SPA, as provided in these General Terms and Conditions, the Website will delete the User registration at the end of thirty (30) business days. In the event of any ongoing (not completed) purchase transaction or payment outstanding due to SPA, as provided in these General Terms and Conditions, the Website will delete the User’s record within thirty (30) business days, as of the completion of the last purchase transaction date or the payment of the due outstanding amount. Under any circumstances SPA will maintain in its files the information about transactions made by the User within six (6) months or a higher period if requested by applicable law.
2.10. The registration on the Website is free of charge. However, the Products and Services offered by the Website will be charged in accordance with the Website and these General Terms and Conditions, according to the Product or Service acquired by the User.
3. RELATIONSHIP BETWEEN THE USER AND THERAPIST
3.1 The User is aware and agrees that the Website does not sell the massage services offered by the Therapists, but only provides a tool to assist the User to find the Therapists. Additionally, the services require advance scheduling made directly with the Therapist, subject to time availability on the desired date, exempting SPA from any financial liabilities with the schedule or information regarding the Therapists that are provided on the Website. We recommend that the User checks the information and that the scheduling is done in advance.
4. PRICE AND PAYMENT METHODS
4.1 The payment methods accepted for the purchase and sale of Products or Services on the Website will follow the form described on the Website at the purchase time.
4.2 The completion of the Products or Services purchase order will occur at the moment that SPA receives the payment confirmation.
4.3 The price of each Product or Service is the one specified on the Website at the time of the order completion, and already includes all taxes. Freight cost will be added to the price, when applicable, regarding the delivery of the product to the address provided by the User in the respective order.
5. RETURN AND EXCHANGE POLICY
5.1. To preserve User’s security, we adopted a Return and Exchange Policy.
5.2. Check your order. When placing your order, it is important that you check if the features and description of the Service or Product chosen correspond to the product you wish to purchase, and correctly fill in the information requested when you finish your purchase. Also check if your data are correct.
5.3. Service withdrawal/regret. The User has up to seven (7) calendar days from the purchase date to inform the withdrawal of the purchase of the Service, as long as the Service has not yet been provided. In this case, the User will receive the refund of the amount paid as described in item 5.5. “Amount Paid Refund”. Please be aware of this date as requests beyond this period will not be accepted. To make your request, please contact our Call Center at firstname.lastname@example.org.
5.4. Product withdrawal /regret. The User has up to seven (7) calendar days from the Product receipt date to inform the withdrawal of the purchase with the certainty that they will have the refund of the amount paid, including the freight cost. Please be aware of this date as requests beyond this period will not be accepted. To make your request, please contact our Call Center at email@example.com.
5.4.1. The Product return due to withdrawal may only be made with the presentation of the invoice. Besides, the Product must be in its original package, with the manufacturer’s seal untouched, without evidence of use, and in perfect condition.
5.4.2. If we verify any discrepancy or violated package, we reserve the right not to accept the return and not to refund the amount paid, and may resend the product to the User without prior consultation. Therefore, for your safety, certify that the product you receive meets your expectation before you violate the packaging.
5.5. Amount paid refund. The refund of the amount paid for the Services that did not start yet, or in the event of withdrawal or regret, it will be provided only after the receipt and analysis of the conditions of the returned Product(s), as follows:
a. Chargeback of the Product amount, including the freight cost, on purchases paid by credit card or other payment platforms that use credit card. In this case, it is worth mentioning that the chargeback will take place on up to two subsequent invoices, as it is your credit card company responsibility; and
b. Deposit in the checking account indicated by you within ten (10) business days after the withdrawal request is formalized, for purchases paid by bank payment slip or account deposit.
5.6 Damaged product. If the User identifies the existence of a vice or defect in the Product, they must contact our Call Center at firstname.lastname@example.org, within thirty (30) calendar days from the receipt of the respective Product.
5.6.1. In this case, the exchange will only be made after receipt and analysis of the conditions of the returned Product(s). If it is verified that there is no vice or defect or evidence of misuse or conservation of the product, SPA may refuse the exchange of the product and may return the Product to the User.
5.6.2. In this case, the product may also be returned along with the invoice, identifying the return reason. The lack of invoice will prevent the order identification, and as a consequence, the exchange.
5.6.3. Our customer service team will review your request and respond to your complaint within thirty (30) calendar days from the date of receipt of your product at SPA Distribution Center.
5.7. Important. We clarify that all Products sent to SPA due to defect will undergo prior technical analysis to check the existence of manufacturing vice. The exchange or return of the amount paid will not be due if it is verified that there is no vice or defect or any evidence of misuse or conservation of the product. If a defect is verified, we will contact you to take the necessary steps to solve the detected problem.
6. EFFECTIVENESS AND REPLACEMENT OF THE GENERAL TERMS AND CONDITIONS
6.1 These General Terms and Conditions shall be effective as of the date of their publication on the Website and will remain in force indefinitely or until their replacement by a new version of these General Terms and Conditions.
6.2 SPA may, at any time, change these General Terms and Conditions, replacing them with new general terms and conditions that will be effective as of the date of their publication on the Website and will apply to purchase and sale transactions started from their date of publication on the Website.
7.1. Your privacy is important to us. Every information or personal data provided by the User is stored on servers or high security magnetic means. SPA will take all possible measures to maintain the confidentiality and security of the information described in this clause, but it will not be held liable for any loss that may be derived from a violation of these measures by third parties using public networks or internet, subverting the security systems to access User information.
7.2. Personal data we collect. We collect User data through our interactions with the User and through our Website for the purposes described below, in particular to operate efficiently and to proportionate the best experiences with our Products and Services. Some of these data are provided directly by the User.
7.2.1. The data we collect may include:
- Name and contact data. Your name and last name, e-mail, address, telephone number and other similar contact data;
- Credentials. Passwords, passwords tips and similar security information used to access their registration on the Website;
- Demographic data. Data about you, for example, age, gender, country/region, state and city;
- Payment data. Data for processing payments, such as your payment method number (for example, a credit card number) and the security code associated with your payment method. These data are collected through SPA’s Website, but are not stored by SPA and are transmitted via secure environment (SSL) to the payment gateway, a third-party company that makes the payment transaction to banks;
- Purchase history. Data about the Products and Services acquired by the User on the Website;
- Location data. Data about the device location used by the User to access the Website, which may be accurate or inaccurate. The location may be deducted from the IP address of a device or data in the User’s registration indicating the location, such as a city or ZIP Code; and
- Comments and ratings. Information submitted by the User to the Website, such as comments, survey data, and reviews of Products or Services written by the User.
7.2.2. We use the collected data to provide a better experience on the Website access and use, especially to:
- Provide our Products and Services. This also includes sharing data when necessary so that we may provide the Product or Service to the User or perform the sale transactions requested by the User;
- Enhance and develop our Products and Services;
- Perform our Products and Services and make recommendations to the User; and
- Advertise and market our Products and Services to the User, including sending promotional communications and relevant offers.
7.2.3. The User personal data will be processed with the User’s consent or to the extent necessary for us to provide the Products and Services purchased by the User and to comply with our legal and contractual obligations.
7.3. Promotional communications. By accepting these General Terms and Conditions, the User agrees to receive SPA newsletters and/or promotional communications from our Website by email, SMS, WhatsApp, postal mail and telephone, in which case the User is aware that we may use the collected data to make such promotional communications. If the User receives promotional communications and wishes to stop receiving them, the User may request their unsubscription by following the instructions in the message.
7.4. Data sharing. The User’s personal data may be shared with the User’s consent or as necessary to complete any transaction or to provide a particular Product or Service purchased by the User. Thus, for example, payment data provided by the User for a purchase may be shared with banks and other entities that process payment transactions or provide other financial services for fraud prevention and credit risk mitigation. Personal data may also be shared with Website partners and service providers involved in providing the Product or Service purchased by the User or serving the User (for example, companies hired to provide customer service). Additionally, personal data may be shared for law enforcement purposes or to respond to lawsuits, including those coming from governmental authorities or agencies. Thus, the Website may disclose personal data and access logs, browsing data etc. to the competent authorities, in accordance with what is provided for in the Brazilian law.
7.5. Third party websites. The Website may contain links or other ways for the User to access third party websites, pages or content, whose privacy policies may differ from those of this Website.
7.7. User’s access to personal data. The User may access and control personal data obtained through the Website. In case of data obtained with the consent of the User, the consent may be withdrawn at any time by the User by contacting us at email@example.com. In addition, the User may request access, update or permanent removal of their personal data by contacting us at firstname.lastname@example.org. Requests for access and control of personal data are answered within 30 days.
7.7.1. At any time, the User may request the definitive removal of their registration data or the cancellation of their registration, except for the maintenance hypotheses provided by law, including any possible reviews, comments and tax information of the User.
7.7.2. It shall not be subject to confidentiality the information (i) that was already in the public domain at the time it was received or becomes public domain, without breach of the obligations undertook herein; (ii) that becomes known to the parties on a non-confidential basis, received from third parties, whose acquisition and disclosure have been fully independent, without breaching any obligation undertook herein and without any confidentiality; and (iii) whose disclosure is required by law, regulation or administrative, judicial or arbitral decision.
7.7.3. The User expressly authorizes their personal information and data to be collected, stored, processed, used and shared with SPA and other companies involved in the services provision or supply of products subject to these General Terms and Conditions for the purpose of enabling the services provided, the supply of products and the performance of purchase and sale transactions, including the delivery of the Products. The User is aware that these companies may not have the same protection requirements adopted by SPA, which will not be held liable for damages that may arise from such sharing.
8. GENERAL CONDITIONS AND LIABILITY LIMITATION
8.1 Any omissions in these General Terms and Conditions will be jointly solved by SPA and the User.
8.2 Tolerance to any breach of the provisions of these Terms and Conditions by either party shall not be construed as a waiver or novation.
8.3 The User is aware and agrees that SPA shall not be liable, under no circumstances, for consequential damages or loss of profits.
8.4. The information about the Therapists registered on the Website are provided by the Therapists, and SPA does not perform any kind of validation and/or check of the information provided by the Therapists. It is recommended that the User checks and confirms the information provided by the Therapists.
9. APPLICABLE LAW AND JURISDICTION
9.1. All items of these General Terms and Conditions are governed by the laws in force in the Federative Republic of Brazil. To solve any questions or concerns regarding these General Terms and Conditions, the parties agree to be subject to the District Court of São Paulo, State of São Paulo, Brazil.