Terms and Conditions
You are accessing an English translation of the TERMS & CONDITIONS of CAJU COLLECTIVE, a limited liability company, headquartered at SHN Quadra 01 Bloco D, sala 405 Conj. A. We are an export platform for Brazilian artisanal products, and when browsing our platform, you will have access to exclusive interior and decoration products. This website is operated by the legal entity CAJU COLLECTIVE EXPORT BR COMERCIO E EXPORTACAO LTDA, which will be identified in this document as ‘CAJU COLLECTIVE’ or ‘the Platform’. This is the only place where you will have access to this regulatory material; we will not provide you with this document by email, or in any express or written format. Any interpretive conflict contained in this document must be interpreted in the most favorable way to the consumer, in such a way as not to contravene the local laws of the country of his domicile. In case of any discrepancies between the Portuguese and English language versions of this document, the Portuguese version shall prevail.
Internet communications are protected by commercial secrecy and privacy laws, however, it is universally accepted that any and all damage caused to the final consumer due to breach of privacy caused by actions of unidentified third parties is not responsibility of the Platform, which uses industry standard market practices and provides sufficient technology to preserve security in the exchange of information, but cannot be held responsible for exceptions, since the virtual environment is open to all and therefore susceptible to data corruption.
Any technical information contained in the Platform that may cause you loss(es) as a result of its imprecision, will not give you a greater right than full reimbursement for the total amount paid, excluding other indemnities regardless of the local laws of the country of your domicile.
Our website may contain hyperlinks. These hyperlinks connect you to the websites of other organizations that are not our responsibility. We use all our efforts in preparing our own website and the information included in it is done in good faith. However, we have no control over the information that you can access through other websites. Therefore, no mention of any organization, company or individual to which our website is connected implies any approval or guarantee regarding the suitability and capacity of any of these organizations, company or individual by the Platform.
3. DATA PROTECTION
We are subject to Brazilian laws, which are in line with the regulations of the European Union and North America.
CAJU COLLECTIVE, its directors and the entire team are not personally liable for damages resulting from the use of this website, whether in data corruption or financial data breach. This absence of responsibility applies to any type of damage that the site user may experience, material damages, moral damages, financial losses and any and all charges that arise from simple access to the site.
4. REGISTRATION AND LOGIN
At any time, you can browse our website without identifying yourself. Therefore, your registration is spontaneous, revocable, unconditional, and free, being open to any natural person, of any nationality and place of residence.
When registering, minimum personal data will be required, with which you expressly agree to give.
Information such as e-mail, password, delivery location, preferences, payment details, are your sole responsibility and cannot be manipulated by our team.
Updating data is mandatory in order to activate registration.
When registering, be aware of your agreement to the Terms and Conditions of this website and your agreement regarding data sharing with respect to means of payment and credit card flags, as well as logistical correspondent, tax and customs authorities, whenever requested, regardless of their subsequent agreement.
5. AVAILABILITY OF ITEMS
CAJU COLLECTIVE does not operate with its own stock, and all of its products belong to third party inventory, which we call commercial partners or users of our e-Commerce Services Agreement system, which for all purposes, will simply be treated as Craftsmen.
The availability of items depends on the timing of inventory and data with these partners. If one of the items of your choice becomes unavailable after purchase, you will be immediately notified and refunded. Our communication with you will always occur by automatic messages. CAJU COLLECTIVE will not be obliged to offer any additional compensation for the disappointment caused.
If your choice for one of the items is due to its aesthetic combination with another, if one of them becomes unavailable you will always have the option to cancel the second (or more) items, without prejudice, at any time.
6. THE PURCHASE AND ITS RULES
a. Every purchase on our Platform automatically generates the digital signature of an Export Contract.
b. For your order to be accepted and the contract executed, the CAJU COLLECTIVE website must first receive confirmation of authorization of payment for the products you have ordered. This confirmation is provided by the payment processing company. Once payment is authorized, CAJU COLLECTIVE will send an email to you containing your name, order number, total price
and indicating that your order has been accepted. The acceptance of your order by CAJU COLLECTIVE brings into existence a legally binding contract between us on these terms.
c. Any additional material sent to you in the packaging, be it an instruction manual, any warranty certificate, will not be part of our contract, so at any time your right is limited to being refunded in the total amount paid for the product.
d. Products sold by partners are provided for your personal use only. By purchasing them you agree not to use the products for commercial, business or resale use. You further agree that purchase for the purpose of resale may incur additional charges due to local tax laws.
7. DELIVERY OF GOODS
a. CAJU COLLECTIVE will notify you of the time of shipment, and the deadline for receipt will be 45 (forty-five) days.
b. Situations involving the customs of your country can cause delays, but our logistical correspondents will always report to us about any unforeseen event.
c. Shipping will always be by air freight.
d. All delivery times quoted on the website are only estimates, based on availability, processing, and the contract we have with the logistics correspondent.
e. The ownership of the product becomes yours from the moment of confirmation of your purchase, after payment and confirmation of availability.
f. If the final value of the product exceeds the value equivalent to U $ 2,000.00 (two thousand American dollars) you will be subject to local taxes on imports, which can cause severe delays in delivery.
g. CAJU COLLECTIVE will always offer administrative support free of charge to its customers in case of need to present evidence to customs authorities.
Information on the countries to which we deliver can be found on the ‘www.theartisanal.com.br/finaldestination’ page.
The buyer must comply with all laws and regulations of the country selected as the order destination. We are not responsible for the violation of these laws.
8. WITHDRAWAL, EXCHANGE, OR RETURN
Customer may withdrawal from the purchase within 48 hours of placing the order by contacting customer service at firstname.lastname@example.org. After 48 hours we are unable to issue any refunds.
Our product is made to order and therefore ALL SALES ARE FINAL.
Commercial photographs may show color differences due to studio lighting, or distortion as to product dimensions. Each piece is unique, and we cannot guarantee you will receive an item identical to what is shown online.
Customer may opt for a refund or free exchange of defective item, or if the item is damaged during shipping, and will have 7 (seven) days of receiving shipment to notify CAJU COLLECTIVE.
9. CUSTOMS FEES
a. The customs sectors in your locality have the right to block the goods in order to verify and confirm their value. If this occurs, the customer will receive an automatic message from our operations center. There is no estimated deadline for releases, this is an action that is beyond our control. We will always work with the largest logistics operators available to avoid inconvenience.
a. If the delivery of goods does not correspond to what you ordered or are damaged or defective or in an incorrect quantity, CAJU COLLECTIVE will have no liability unless you notify the problem, in writing, on the website itself within the estimated period of 7 (seven) days.
b. If you do not receive the ordered products within 60 (sixty) days, counting from the date they were shipped to you, the Platform will have no responsibility unless you notify the problem, through our channels, within 30 (thirty) days after the end of this period.
c. If you report a problem to CAJU COLLECTIVE through our website, reporting the failure to receive one or more products or receiving a defective product, our team will contact you to advise you on how to exchange or return the product, remembering that the term will be 7 (seven) business days from the receipt of the goods, or 90 (ninety) days from the purchase date in case you have not received them.
d. CAJU COLLECTIVE’S liability is limited to refunding the consumer up to 100% (one hundred percent) of the amount paid, fully refunding the amount paid or debited on his card, not involving any other type of refund, refund or indemnity to the final consumer, and therefore, whatever the problem reported to our team, the final consumer will receive, at most, 100% (one hundred percent) of what he paid (including shipping and taxes).
e. These "Terms and Conditions" do not limit or condition the rights of the consumer that every individual holds on account of specific local legislation. Therefore, local laws can always prevail over the contract we are establishing. This instrument only creates procedural rules and contractual clauses that govern the legal relationship between the company and its customers, not constituting or altering the rights inherent to all acquired by law.
CAJU COLLECTIVE will maintain insurance during the freight of the goods, without additional charges.
CAJU COLLECTIVE will have no ability to interact with your payment. If your payment is declined, you may be subject to anti-fraud policies by the Bank issuing your credit card. Under no circumstances will CAJU COLLECTIVE be able to provide you with an answer regarding the reasons for refusing credit payments.
If your credit card is involved in fraud, we have no responsibility, and at all times you will be guaranteed the right to open a dispute procedure with your card administrator.
All payments processed on our platform will be made electronically, without involvement from our operations or customer service team.
We reserve the right not to provide you with any data about how our payments are processed.
In the event of suspected fraud, any data requested in writing through our channels must be promptly answered, or otherwise, we will automatically cancel your order.
The contract between us will be governed in accordance with the Laws of the Federative Republic of Brazil, but may be interpreted in accordance with the laws of the country of your domicile.
14. INTELLECTUAL PROPERTY
The entire environment of the Platform is Intellectual property of Artisanal.com, including photos, scenery and content.
15. IMPORT / EXPORT CONTRACT
The purchase of any product in the virtual store www.artisanal.com, owned by CAJU COLLECTIVE EXPORT BT Ltda., Registered with CNPJ / DF under nº. 39.886.826/0001-35, with headquarters at SHN Quadra 01 Bloco D, sala 405 Conj. A, CEP: 70701-040 (“CAJU COLLECTIVE”) or through Apps that redirect the checkout to us, implies the agreement by the consumer with all the terms and conditions of this Product Purchase and Sale Agreement (“Agreement”).
(i) CAJU COLLECTIVE is a company whose main activity consists of selling artisanal products via the internet for export;
(ii) The User is a natural or legal person, foreign or not, with a correctly filled out registration, whose information has been validated by our Platform; and
(iii) The User declares that he is acting in good faith and in the enjoyment of his civil capacity to enter into this Agreement, declaring that he has understood, read and is in accordance with all the terms and conditions set forth herein.
The User expressly acknowledges that:
a) In conjunction with the Purchase, you will be contracting a courier export service, formally represented by freight charges;
b) The delivery period may vary from 30 (thirty) to 45 (forty-five) days, as it is an exported product;
c) CAJU COLLECTIVE will not be responsible for delays caused by customs procedures in the destination country;
d) Local taxes, such as Importing Taxes, VAT, or any other, will be charged at the checkout of your purchase, possibly not included in the original product display;
e) This contract will be governed in accordance with Brazilian law;
f) All payments will be made in American Dollars;
PURCHASE AND SALE PROCEDURES
First Clause: After making a purchase request for products in the virtual store or through partner Apps, the User must wait for the receipt of notification via e-mail in which he will be informed about the confirmation of the requested commercial transaction ("Purchase and Sale").
First Paragraph: CAJU COLLECTIVE reserves the right not to confirm the Purchase and Sale in the cases of (i) User with incorrect or invalid registration information, (ii) deliveries to be made outside the delivery areas made available by CAJU COLLECTIVE at the time of Purchase and Sale, (iii) fraud, bad faith, non-compliance with any of the website's conditions and policies, abuse of rights, and / or other situations that imply violation of legal provisions or unlawful enrichment by the User, and / or ( iv) in the other cases provided for in accordance with applicable legislation.
Second Clause: The Purchase and Sale amount will be present in the purchase confirmation email, and the User will be provided with the payment methods provided on the website www.theartisanal.co at the time of Purchase and Sale.
First Paragraph: Payment by credit card may not be approved if there is an inconsistency in the holder's data.
Second Paragraph: CAJU COLLECTIVE does not provide clarifications regarding any eventual refusal to pay, since the payment methods services are entirely outsourced, under contract and conditions protected by confidentiality.
RIGHTS AND DUTIES
EXCHANGE FOR DEFECT OR PRODUCT FAILURE
Third Clause: The exchange of products that present a failure or manufacturing defect may be carried out as long as the request is made within the period of 7 (seven) days after receiving the products.
First Paragraph: To exercise the exchange, the User must contact the CAJU COLLECTIVE’S call center, through the available channels.
Second Paragraph: The exchange provided for in this clause will only be approved by CAJU COLLECTIVE after it has been verified (i) the effective return of the product to CAJU COLLECTIVE's logistics center, at the address indicated in the email with instructions on the return; (ii) confirmation by CAJU COLLECTIVE that the product was returned together with manuals, accessories and invoice; (iii) the approval of the exchange or return by CAJU COLLECTIVE's quality control, after analysis that will be carried out within 05 (five) business days.
Third Paragraph: In the event that any product is received with the packaging open or damaged or if a possible lack of any accessory or product is identified in disagreement with the item purchased, the User must immediately communicate to CAJU COLLECTIVE and the carrier that performs the delivery.
Fourth Paragraph: If the User exchanges the product in disagreement with this clause and / or if any discrepancy or violation of the product is identified, the return will not be accepted and we will return the product to the User without prior notice.
Fifth Paragraph: The return of the product to the CAJU COLLECTIVE logistics center may be carried out by post or collection.
PAYMENT RETURN DEADLINE
Fourth Clause: In the event that payment was made by credit card, the refund will be made on the credit card itself, and will be viewed by the User within 2 (two) credit card statements after the completion of the return or exchange. Payment for products made by other means will follow its specific rule, and the standard understanding that the chargeback will always follow the same payment method used by the User at the time of purchase should prevail. In no case will the user be able to request that the refund be made through a credit account (transfer wire).
Fifth Clause: If it is necessary to exchange and / or return products purchased on promotion, the amount considered will be the amount actually paid for the product by the User, and not its original value.
DELIVERY TERM AND CONDITIONS
Sixth Clause: Products are delivered from Monday to Friday, from 8:00 am to 9:00 pm and, occasionally, on Saturdays during business hours. The expected delivery period will start only after confirmation of registration data and payment by the financial institution , which may take up to 02 (two) business days to be completed.
Paragraph One: The product delivery service is carried out through DHL and any other partner logistics correspondent according to your region.
Paragraph Two: Delivery may be made directly to third parties, such as porters or relatives.
Third Paragraph: After completing the order, it will not be possible to make any changes to the address provided for delivery.
Paragraph Four: Delivery may not be made within the stipulated period due to (i) the User's absence at the indicated address, (ii) the registration data is incorrect, (iii) the refusal of the product by the User, (iv) the change User address, and (v) the occurrence of any event of force majeure, such as floods, natural disasters, major accidents or other occasions and / or situations that prevent delivery.
Seventh Clause: This Agreement aims to ensure easy service for the Consumer, pursuant to the provisions of item IV of article 4 of Decree no. 7,962 / 13.
Eighth Clause: CAJU COLLECTIVE reserves the right to cancel the commercial transaction in the event that any situation that characterizes fraud, bad faith, non-compliance with any of the conditions and policies of the site, abuse of rights, and / or other situations that involve violation of legal provisions or illicit enrichment.
Ninth Clause: The relationship between CAJU COLLECTIVE and the User is regulated exclusively by the legislation applicable to consumer relations in the Buyer's home territory and by the conditions established in this Contract.