GENERAL TERMS AND CONDITIONS OF USE OF MARKETPLACE
Sample – Small portion of the Product announced by the Seller on the AGRORIGEM PLATFORM, sent to the Buyer upon request, in order to assess the entire quality prior to purchase.
AGRORIGEM – means AGRORIGEM PLATAFORMA DE SERVICOS DE CAFE LTDA company registered with CNPJ / MF under nº 32.558.949 / 0001-06, headquartered in the city of Santa Rita do Sapucaí, State of Minas Gerais, at Avenida João de Camargo, 510, room 06, Bairro Centro, which owns the website that integrates the AGRORIGEM PLATFORM.
Area – means the virtual administrative space of the Seller, created automatically at the time of his valid registration, in which the Seller will manage his information and add the information of Products to be sold to Buyers on the AGRORIGEM PLATFORM. Only the Seller will have access to their respective Area.
Support Channel – means, together, the channels for communication with AGRORIGEM: (i) on the website, by accessing the page www.agrorigem.com.br/suporte.
Buyer – means the Person who has registered on the AGRORIGEM PLATFORM and has become a User for the purpose of purchasing Products from a Seller.
Account – means the User’s virtual account, created automatically at the time of his valid registration, to register all actions implemented by the User on the AGRORIGEM PLATFORM.
Store – means the Seller’s exclusive virtual space which, depending on availability, can be created on the AGRORIGEM PLATFORM, in which only the Seller’s products will be displayed. The Seller’s Store may be accessed by all Buyers.
Order – means the order of one or more Products made by the Buyer to the Seller through the AGRORIGEM PLATFORM.
Person – Means a natural person, legal entity or non-personified entity, including, without limitation, companies of any kind, de facto or legal, consortium, partnership, association, joint venture, investment funds, trusts, condominiums, universality of rights and government authorities.
AGRORIGEM PLATFORM – means, together, all AGRORIGEM sites, through which the services and content provided by AGRORIGEM can be accessed.
Product – means raw coffee, sold by the Seller on the AGRORIGEM PLATFORM and meeting the following characteristics: raw coffee prepared sieve 16 above type 2/3; 14/15 type 4 sieve and 9/10 Moka sieve.
Password – means the character set, consisting of letters and / or numbers, with the purpose of verifying the User’s identity to access the AGRORIGEM PLATFORM.
User – means any Person who has validly registered on the AGRORIGEM PLATFORM, be it Seller or Buyer.
Seller – means the Person who has validly registered on the AGRORIGEM PLATFORM and has become a User for the purpose of marketing Products to Buyers.
– If it has been suspended by AGRORIGEM, temporarily or permanently, and is deprived of the use of the AGRORIGEM PLATFORM, the User will not be able to make a new registration.
– The User can only perform a single registration, creating a personal and non-transferable Login and Password. The User cannot be registered using a Login that: (a) keeps any resemblance to the name “PLATFORMA AGRORIGEM”, “AGRORIGEM” and / or with their respective brands, domain names and / or other intellectual property rights of AGRORIGEM; (b) at AGRORIGEM’s sole discretion, are considered offensive; (c) contain the User’s personal data, any “URL” or electronic address; and / or (d) that may constitute a violation of the rights of third parties’ trademarks and / or intellectual property.
– Upon registration, the Buyer’s Account will be created automatically. The Buyer’s access to the AGRORIGEM PLATFORM and to his Account will be done through the registered Login and Password. The User undertakes not to inform his Password to third parties and is fully responsible for the use made of it. Neither AGRORIGEM, nor any of its employees or agents, will request, by any means, physical or electronic, that the Password of any User be informed.
– The registration will only be confirmed and considered valid if the User completes all the mandatory fields of the registration on the AGRORIGEM PLATFORM, with accurate, precise and true information. Once the registration is confirmed, the User will be able to use all the services available to him on the AGRORIGEM PLATFORM.
– AGRORIGEM is not responsible for the correctness and accuracy of the data entered by Users in the registration of the AGRORIGEM PLATFORM. The User guarantees and responds, in any case and at any time, civilly and criminally for the veracity, accuracy and authenticity of his registration data.
– AGRORIGEM reserves the right, at its sole discretion and at any time, to carry out the searches it deems necessary to ascertain the existence of incorrect or untrue data, as well as to ask the User for additional data and / or documents, including personal data, that consider pertinent to check the informed registration data.
– The User must immediately inform AGRORIGEM about any unauthorized access or use of his Account, as well as in case of loss, theft or improper use of his Login and Password, such communication must be made in writing and addressed to THANK YOU through the email [email protected] The User will be solely responsible for any and all operations carried out through his Account, since access to such account is only possible through the inclusion of Login and Password which are the exclusive knowledge and property of the User.
– The User will be responsible for: (a) keeping his Password in absolute secrecy; (b) whenever necessary, change the information contained in your registration in order to keep it always updated; (c) not allowing other People to use your Account; and (d) not to sell, trade, loan or otherwise transfer your Account to any Person.
4. NEVEGATION BY THE AGRORIGEM PLATFORM
– Once the Buyer’s registration has been completed, the Buyer will be able to browse the AGRORIGEM PLATFORM and its pages, as well as visit any Sellers’ Stores, choosing, if of interest, the Products they intend to buy from the respective Seller.
– The virtual catalog of Products may be changed by the Seller at any time and without prior notice, whether in relation to the Products available for purchase, as well as the values of their respective prices, delivery times, payment methods, etc.
– The Seller is solely and exclusively responsible for all product descriptions (including, without limitation, images, videos and technical specifications) published on the AGRORIGEM PLATFORM, which do not suffer any interference from AGRORIGEM, so that AGRORIGEM does not have any responsibility for this information and for any differences that may be found between the actual Products and the respective images provided by the Seller.
– Only Users who validly register on the AGRORIGEM PLATFORM as Buyers, may purchase the Seller’s Products. The Buyer will be able to purchase all Products that, at the time of his visit, are being advertised and, having an interest in the purchase of any Product, may complete the purchase directly through the AGRORIGEM PLATFORM. The Buyer may, at any time, contact the Seller through the AGRORIGEM PLATFORM, this conversation being monitored by AGRORIGEM.
– Any and all Product offers published on the AGRORIGEM PLATFORM will be valid for the term indicated in the respective advertisement or for the duration of the respective Seller’s stock.
– The images and photos of the Products displayed on the AGRORIGEM PLATFORM are not always capable of portraying the Products accurately, including with regard to the shape, condition, appearance and colors of the Products, since such photos and images may show variations, depending on how they were produced and also depending on the equipment and / or the software / application being used for visualization. Nevertheless, the User acknowledges that the responsibility for the offers made and for the Products (including, without limitation, the way they are displayed) is unique and exclusive to the Seller, and AGRORIGEM has the role of only registering on the AGRORIGEM PLATFORM the information provided by the Seller .
5. ORDERS AND DELIVERY OF PRODUCTS
– The purchase of any Products by the Buyer is subject to confirmation of the respective Order made by the Buyer. To purchase any Products, the Buyer must access the AGRORIGEM PLATFORM or the Seller’s Store and complete the purchase directly through the AGRORIGEM PLATFORM. The price of the Products, the payment terms and the delivery terms of the Products will be established directly and exclusively between the Buyer and the Seller, without any interference by AGRORIGEM.
– The pricing and payment policy applicable to the sale of Products to Buyers will be the sole responsibility of the Seller, who must comply with the applicable legislation. The delivery / freight fee will be calculated, according to the delivery address, when placing the Order.
– The Buyer’s Order will be considered performed automatically when the Buyer completes the respective purchase through the AGRORIGEM PLATFORM.
– The Buyer’s Order will be considered confirmed and, therefore, accepted by the Seller, if the payment of the price of the requested Products has been made by the Buyer and duly confirmed by the respective financial institution.
– In case of confirmation of the Order, the Buyer will receive, within 1 (one) business day, a confirmation message sent by AGRORIGEM to the email of the Buyer who was registered on the AGRORIGEM PLATFORM on the date of the Order. , after confirmation, the Order cannot be canceled by the Buyer or the Seller, and the requested Products will be delivered to the address of the Seller who was registered on the AGRORIGEM PLATFORM on the date of the Order.
– The Seller will be released from the fulfillment of Confirmed Orders in the following cases: (a) if the Buyer is in arrears with any payment due to the Seller; (b) if the Buyer has provided any untrue information regarding the Order; (c) in the case of an express order from any governmental authority; and / or (d) in the event of an act of God or force majeure event.
– The Buyer must be aware of the delivery times for the Products informed in the AGRORIGEM PLATFORM, which will be counted from the date of confirmation of the Order. If, at the time of delivery, the Buyer is absent and it is not possible to deliver a Product, the Buyer will bear all costs relating to reshipment.
– Exchanges of Products may only be requested by the Buyer to the Seller in cases where the Product has a quality different from that of the requested sample, verified after the counterproof performed by AGRORIGEM, and the exchange procedures will be agreed between the Seller and the Buyer, if on a case-by-case basis, in such situations, if the same Product is not available, the Order will be undone, the discordant Product must be returned to the Seller and the Seller will provide a refund / credit of the respective amount to the Buyer.
6. PRODUCT PRICE AND PAYMENT
– The price of any and all Products sold through the AGRORIGEM PLATFORM will be established and paid in Brazilian currency, being forbidden the use of any other currency for fixing the price of the Product or for its payment.
– AGRORIGEM will not interfere with the pricing policy that the Seller adopts with Buyers, a policy that will be the sole responsibility of the Seller and that must comply with applicable legislation and, if applicable, the Consumer Protection Code
– The Buyer will pay for the Products by means of bank slips, credit cards and / or debit cards, in accordance with the policy of means of payment made available by AGRORIGEM on the occasion of the sale made to the Buyer.
– The User acknowledges and agrees that:
• the Buyer will be subject to the terms, conditions and use restrictions imposed by the respective owners / administrators of the payment method used (flags, credit card administrators, acquirers, banks, issuers, etc.), which are not under responsibility and / or control of AGRORIGEM and / or the Seller;
• the Buyer may be asked to provide additional data, necessary for confirmation of the Buyer’s identification and for fraud checks, and the processing of the payment transaction may be suspended or canceled if the requested data is not presented;
• the Buyer may be redirected to a third party website hired by AGRORIGEM so that the intended payment and Buyer’s data are entered in order to allow the payment transaction to be processed; and
• AGRORIGEM will only be responsible for its own acts and omissions and will have no responsibility for the acts or omissions of third parties, so that it will not, under any circumstances, be responsible for acts or omissions of owners / administrators of the means of payment (flags , credit card administrators, acquirers, banks, issuers, etc.) or for facts that originate outside the AGRORIGEM PLATFORM.
• the Seller will be fully and exclusively responsible, before AGRORIGEM, for any and all fees, fines, expenses and indemnities that may be required from AGRORIGEM as a result of any type of cancellation (cancellation, chargeback, refund, etc.) of a payment transaction that has been carried out by the Buyer by means of a credit card, unless the cancellation has occurred through the sole and proven fault of AGRORIGEM, as applicable. AGRORIGEM is hereby expressly authorized to notify the owners / administrators of payment methods and to request that they carry out the transfer of the amounts corresponding to said fees, fines, expenses and indemnities and to collect them from the Seller by all means admitted by law, including through deductions in subsequent transactions;
• the Buyer will be fully and exclusively responsible, before the Seller, for any and all fees, fines, expenses and indemnities that may be required from the Seller (including those required under the terms of the item above) as a result of any type of cancellation (cancellation, chargeback, chargeback, refund, etc.) of a payment transaction that has been made by the Buyer by credit card, except if the cancellation was due to the proven and exclusive fault of the Seller and / or AGRORIGEM, as the case may be . If the Product paid through the canceled payment transaction has already been delivered to the Buyer, the Buyer must also pay the Seller the entire price of the Product, plus the respective delivery / freight fee and a fine in the amount corresponding to 2% (two percent) of the total price of the delivered Product, and such amounts may be charged to the Buyer by any means permitted by law; and
• for not appearing as a party in any of the negotiations between Sellers and Buyers, AGRORIGEM cannot and does not have the means to compel Sellers and / or Buyers to honor their obligations to each other.
– AGRORIGEM will not intervene in the negotiation carried out between the Seller and the Buyers and in any event in which a reversal of payment is due to the Buyer, such reversal will be the Seller’s full and exclusive responsibility.
– Delivery of Products to Buyers is the sole responsibility of the Seller, however this function is performed by the Warehouse / Cooperative in which the Product is stored.
7. BUYER’S RESPONSIBILITIES
– The Buyer will be the sole and exclusive responsible for all actions carried out in the AGRORIGEM PLATFORM using his Login and Password.
– The Buyer acknowledges and agrees that, when offered, traded and / or sold a Product by the Seller to the Buyer, a direct and exclusive legal relationship will be formed between the Seller and the Buyer, which is not a consumption relationship, subject to the Consumer Protection Code, since the Buyer is not the final factual or economic recipient of the Products, which are used as an “input” to the Buyer’s activity. In any event where a chargeback is due to a Buyer, such chargeback will be the Seller’s full and exclusive responsibility.
– The Buyer is the sole and exclusive responsible for the collection of Funrural, under the terms of art. 25 Law 8212/1991 and Consultation Solution No. 92 – Cosit 2018, under penalty of repairing any damages, by means of a return action, for tax charges incurred by the Seller. The Buyer who has filed a lawsuit or a lawsuit challenging the obligation of Funrural, must immediately communicate this fact to the Seller.
– AGRORIGEM is not responsible for losses incurred by the Buyer due to delays, failure to deliver the Product (which is not the fault of AGRORIGEM), fraud or cancellations of purchases made or made by the Seller.
– AGRORIGEM and the Seller are independent contractors, with no consumer relationship, employment relationship, representation relationship in any capacity, joint venture, de facto or legal partnership or consortium between AGRORIGEM and the Seller. Neither AGRORIGEM nor the Seller may, at any time, assume or establish any obligation, make any statement or give any guarantee, tacit or express, on behalf of the other.
8. AGRORIGEM’S RESPONSIBILITIES
– AGRORIGEM will use its best efforts to keep the AGRORIGEM PLATFORM accessible in a safe, uninterrupted manner and free from any interruptions or failures. The User acknowledges, however, that AGRORIGEM does not guarantee that the AGRORIGEM PLATFORM will function without interruptions or without malfunctions. In particular, the operation of the AGRORIGEM PLATFORM may be interrupted for reasons of maintenance, updates or problems in the system or network. AGRORIGEM disclaims any liability for (i) events arising from any interruption or failure of the AGRORIGEM PLATFORM to function; (ii) any malfunction, impossibility of access or improper conditions of use of the AGRORIGEM PLATFORM due to improper equipment, problems associated with the internet service provider, the saturation of the internet network or for any other reason; and (iii) by any virus that may affect the User’s equipment as a result of accessing, using or browsing the internet or as a result of the transfer of data, files, images, text, videos or audio.
– In no event, AGRORIGEM, its partners, administrators and professionals will be responsible: (a) for lost profits, loss of production, work stoppage, business failures, loss of data, or any indirect, special, eventual, consequential or incidental; (b) for the vices and / or defects of the Products or for incomplete, inaccurate, untrue, misleading and / or outdated information provided by the Sellers; (c) by exchanging the Products; (d) for any damages (direct or indirect), losses or costs borne, incurred or paid by the User, resulting from, or in any way related to your access, viewing or use of the AGRORIGEM PLATFORM or the delay or impossibility of having access, visualize or use the AGRORIGEM PLATFORM; (e) for any personal injury, death, personal injury, damage to property or any other damages (direct or indirect), losses or costs incurred, incurred or paid by the User, resulting from acts, declarations, guarantees, errors, infractions, negligence , improper conduct, intentional or unintentional, omissions, non-compliance, false information and / or crimes committed, committed or provided by the Sellers (their employees, professionals, directors, agents, representatives or affiliated companies); and / or (f) exclusion, storage failure or transmission failure of any communication or content maintained by PLATFORMA AGRORIGEM.
– AGRORIGEM will also not be responsible (a) for the improper use that any User or third party makes of the AGRORIGEM PLATFORM and / or of the contents uploaded, sent and / or transmitted to / from the AGRORIGEM PLATFORM; (b) for any act or omission performed and / or damage caused by a User arising from his access to the AGRORIGEM PLATFORM; (c) for failures, technical impossibilities or unavailability of any systems, including those that are part of the AGRORIGEM PLATFORM; and (d) technical and / or operational defects or defects arising from the systems, equipment or infrastructure of the User or third parties.
– AGRORIGEM will not be responsible, in any case or circumstance, for indemnifying lost profits or any loss that the User may suffer due to the negotiations carried out or not carried out within the scope of the AGRORIGEM PLATFORM.
– AGRORIGEM is neither a manufacturer nor a seller of any Products and, before the Buyer, is not responsible for defects and / or defects in any Products ordered through the AGRORIGEM PLATFORM. In addition, the legal relationship established between the User and AGRORIGEM is not a consumer relationship, therefore, the Consumer Protection Code does not apply to such relationship.
– All information and registration data of the User are stored on servers or magnetic security means. Except for the information that is disclosed on the AGRORIGEM PLATFORM, AGRORIGEM will adopt all measures it deems appropriate to maintain the confidentiality and security of confidential information, however, AGRORIGEM will not be responsible for any losses that may arise from the disclosure of such information. by third parties using public networks or the internet, subverting security systems to access user information.
– The User expressly authorizes his information and registration data to be shared by AGRORIGEM with commercial partners, authorities and People who claim to have been harmed by the User.
10. INTELLECTUAL PROPERTY
– The User acknowledges that he does not have any intellectual property right over the AGRORIGEM PLATFORM, its applications and websites, which rights are protected by law. The User agrees that he / she cannot (a) copy, reproduce, alter or modify the AGRORIGEM PLATFORM; (b) create products or services derived from the AGRORIGEM PLATFORM; (c) use a device, software or other resource that may interfere with the activities and operations of the AGRORIGEM PLATFORM, as well as in the advertisements, descriptions, accounts or their databases; (d) access, monitor or copy any content or information on the AGRORIGEM PLATFORM using a robot, spider, scraper or other automated means for any purpose, without the prior and express authorization of AGRORIGEM, in writing; (e) incorporate any part of the AGRORIGEM PLATFORM on any other website through “frame”, “mirror” or in any other way; (f) reverse engineer, decompile or dismantle the AGRORIGEM PLATFORM, any of its applications or websites; and / or (g) violate in any other way and / or, still, claim intellectual property rights over the AGRORIGEM PLATFORM, at any title and at any time.
– The use of the expression “AGRORIGEM” as a brand, business name or domain name, as well as the contents of the screens of the AGRORIGEM PLATFORM, of the programs, of the “look and feel” of the “AGRORIGEM” website, of the database resulting from the operation of the AGRORIGEM PLATFORM, the networks and files that allow the User to access and use their Account, are the exclusive property of AGRORIGEM and are protected by international laws and treaties on copyright, trademarks, patents, models and industrial designs, not having the User has no right to any such intellectual property items. The misuse and the total or partial reproduction of said contents, without the authorization of AGRORIGEM, are expressly prohibited.
– The AGRORIGEM PLATFORM may contain links to access third party sites, which does not mean that these sites are owned or operated by AGRORIGEM or are operated by it. Having no control over these third party sites, AGRORIGEM will not be responsible for their content, practices, products and / or services offered. The presence of links to other sites does not imply a partnership, supervision, complicity or solidarity relationship between AGRORIGEM and the third party owners of these sites and their content.
– The User expressly acknowledges that when transmitting / sending / uploading any content to the AGRORIGEM PLATFORM, he, User, will be granting express authorization, free, non-exclusive, irrevocable and irreversible to AGRORIGEM to use any and all intellectual rights (including copyright and related rights) ) assets on such content sent / transmitted / uploaded by the User to PLATFORMA AGRORIGEM, under any means or form, at its sole discretion, without any restriction or limitation of any nature. The User declares and warrants that the contents mentioned here will not infringe the rights of third parties and that he will be the holder of all necessary authorizations.
– The changes will not take effect in relation to Orders already confirmed, in which case the previous wording will remain in force.
12. BUYER ACCOUNT SUSPENSION AND CLOSURE
-Without prejudice to other measures, AGRORIGEM may restrict, suspend or close the Buyer’s Account, regardless of any notice, at any time and without AGRORIGEM incurring any burden or penalty, if:
• the Buyer performs a fraudulent or intentional act;
• any information provided by the Buyer on the AGRORIGEM PLATFORM is incorrect, untrue or out of date;
• AGRORIGEM has reasonable grounds to suspect that any information provided by the Buyer on the AGRORIGEM PLATFORM is incorrect, untrue or out of date; and / or
– In addition, AGRORIGEM may terminate the Buyer’s account at any time, without incurring any charge, upon prior notice of 30 (thirty) days.
• The suspension or cancellation of the Buyer’s Account does not prejudice the adoption of legal actions that may result from the eventual configuration of civil, contractual or criminal offenses or losses to AGRORIGEM.
• The Buyer may close his Account at any time and without incurring any charge. To close your Account, the Buyer must contact AGRORIGEM through the Support Channel (on the website, through access to the agrorigem.com.br/support page, and in the application, through access to the support page), and register your request.
• If the Buyer’s Account is canceled or closed: (a) all Orders already confirmed by the date of cancellation or registration of the request for closure, as the case may be, must be delivered by the Seller and paid by the Buyer; and (b) AGRORIGEM may, at its discretion, delete all or any information from the Buyer’s Account.
13. GENERAL PROVISIONS
– In case of doubts, the User should contact him through one of the communication channels of our Support Channel (on the website, through access to the agrorigem.com.br/support page), from Monday to Friday, from 9:00 am at 6 pm
14. APPLICABLE LAW AND JURISDICTION