TERMS OF USE AND SAILING CONDITIONS
Welcome to RIVA CYCLES Portal. We hereby present to You (hereinafter "User") the Terms of Use and Navigation Conditions (hereinafter "Terms") related to it, a document that indicates the main rules to be observed by all those who access this Portal and use its functionalities.
The Portal consists of an online space for interaction between RIVA CYCLES and its Users, consumers and enthusiasts, as well as for the presentation and effective marketing of RIVA CYCLES products, in addition to the dissemination of content related to sporting goods and recreational activities in general.
These Terms may be viewed at any time through the Portal and the link: https://rivacycles.com/termos-de-uso
For the purposes of interpreting this document, the following definitions and descriptions should be considered:
RIVA CYCLES: Name used in these Terms to identify DTM Design e Tecnologia em Mobilidade Ltda., registered in the National Register of Legal Entities ("CNPJ/MF") under No. 29.079.394/0001-05.
Anti-Spam: System that prevents the receipt of unwanted correspondence, such as mass advertising, by blocking messages or their grouping in a specific folder.
Spider Application: Program developed to obtain information in an automated way on the Internet, browsing the web (web) like a spider.
Access Credential: Credential of a registered User that allows access to the restricted area and exclusive features, accessible through e-mail and password.
Layout: Set that understands the appearance, design and flows of the Portal.
Link: Terminology used for Internet e-mail addresses.
Logs: Records of access and User activities on the Portal.
Portal: Designates the electronic address www.rivacycles.com and its subdomains, as well as the functionalities of the space provided by RIVA CYCLES.
Site: Denomination for other web pages.
Visitor: Any person who does not have a Credential for Access and who is likely to be a member.
User: The person who has registered for the Member Site and received his/her or her Access Credential to access it.
Webmastering: Includes the creation, programming, development, control and availability of web pages.
1 - Acceptance
- In order to be able to use and access the Portal, the Visitor and the User must express their acceptance to these Terms. Thus, the free, express and informed acceptance, without any reservations, regarding the items of these Terms, will be made by clicking on the button "I accept the Terms". If the Visitor and/or the User do not agree with any of the provisions below, or with any changes made to these Terms, they shall refrain from using the Portal.
- These Terms are attached to the Privacy Policy (hereinafter "Policy"), available on the Portal, by the link https://rivacycles.com/declaracao-de-privacidade/
In order for the acceptance to be complete and the use of the Portal allowed, the User must also express his/her free, express, informed and unreserved consent with regard to said Policy.
2 - Access and Features
2.1 Users under the age of 18 (eighteen) must have their registration completed and authorized by a legal representative, who must also be identified when providing the registration data.
2.2 Certain features and functionalities of the Portal are intended only and only for Users with certain specific requirements, which will be determined based on the personal data provided by the User at the time of registration, such as his/her age and other criteria specified by RIVA CYCLES. Thus, by accepting these Terms, the User declares to be aware that the mere completion of registration does not necessarily matter in full access to the functionalities of the Portal, so that RIVA CYCLES may restrict the access provided, at its sole discretion.
2.3 The User may choose to link their access to the Portal to their Facebook social network account. In this case, RIVA CYCLES will collect public information available in the User's profile, necessary to identify the User for access to the Portal. In case the User selects the access option by importing data from his Facebook account, he expressly consents and authorizes the Portal to obtain access, store and use his public data that are linked to that account. In addition, this registration option is subject to the rules contained in the Facebook Terms of Use.
2.4 Through the Portal, Users are presented with the products marketed by RIVA CYCLES, and also the possibility of acquisition of some of these by the User, according to their availability on the Portal.
2.4.1. The User acknowledges that RIVA CYCLES may market certain products exclusively on the Portal or in physical stores. Thus, the sale and availability of products in one of these means of purchase does not imply the necessary marketing in the other, and the User is therefore aware that it may not eventually locate a certain product in both means.
2.4.2 By accepting these Terms, the User declares that the prices practiced by RIVA CYCLES on its Portal may differ from those adopted in its physical stores. Thus, the values established on the Portal may not be observed by the physical stores, and they are not obliged to modify the price of a certain product if the value published on the Internet is different.
2.4.3. Requests made through the Portal are subject to approval by RIVA CYCLES and may be cancelled at its sole discretion in order to avoid the incidence of unauthorized resales or in case of suspected fraud.
2.5. The User must carefully read the details of the product and the corresponding instructions for use at a time prior to actually purchasing and using the RIVA CYCLES products, in order to avoid compromising their safety or well-being, as well as the ineffectiveness of the guarantee conferred by RIVA CYCLES on the product purchased.
2.5.1 RIVA CYCLES shall not be liable for any inappropriate use of its products by Users, as well as for any damages and losses caused to the User or third parties due to non-compliance with its recommendations regarding the handling and use of the products sold.
2.6 By purchasing products through the Portal, the User agrees with the price information, conditions and payment methods indicated in the Portal and selected by him/her, authorizing the debit of values as indicated in the Portal at the time of purchase.
2.6.1 The User is aware that when making a purchase with payment by credit card, the order will be subject to approval by the card administrator and that the Portal may request confirmation of his/her data by e-mail.
2.7 By accepting these Terms, the User acknowledges that it is not possible to change the form of payment and/or delivery address, request advance payment or, even, priority of delivery after completion of the order.
2.8. The delivery service of the products sold on the Portal is performed by third parties, so that the delivery time may vary according to the region of the recipient, as well as the amount of the tariff selected by the User.
2.9 RIVA CYCLES uses best practices when making its products available and has specific rules for the marketing, delivery, exchange and return of its products, available in the links indicated below:
- Payment Rules: https://rivacycles.com/pagamentos/
- Rules for Delivery: https://rivacycles.com/rastreamento-de-pedido/
- Rules for Exchange and Return: https://rivacycles.com/troca-e-devolucao/
2.10. By accepting these Terms, the User acknowledges that he/she is solely responsible for all information provided when accessing the Portal and the eventual acquisition of products, being responsible, with exclusivity and even before third parties, for any damages or losses resulting from incorrect, incomplete or untrue information inserted in the Portal.
2.11. The User declares to be aware that the inclusion of any untrue, false or adulterated information will subject him/her to all applicable sanctions contained in the Brazilian legislation.
3 - User Statements and Rules of Use
3.1. By accepting these Terms and using the Portal, the User declares:
a. To be considered civilly capable under Brazilian law, or to be duly authorized by its legal representatives to accept this Term and use the Portal;
b. Be aware that you may not insert in the Portal any illegal content or in any way contrary to morals and good customs or capable of violating the rights of third parties, as well as incorporate viruses or other harmful elements in the Portal or that harm the systems of RIVA CYCLES or other Users, and must navigate with ethical rectitude, always respecting the conditions governing the use of this Portal;
c. To be aware that the occurrence of any damage caused by him/her to the Portal or to third parties will be his/her exclusive responsibility, and the User shall bear all obligations to indemnify the injured party, totally exempting RIVA CYCLES from answering for such damages;
d. Know that it is not allowed access to the programming areas of the Portal, its database or any other set of information that is part of the Webmastering activity, as well as the use of spider applications, or data mining of any kind or species, in addition to any other not mentioned, capable of acting in an automated manner, either to perform mass operations or for any other purpose, being the User who uses such tools subject to civil and criminal liability, without prejudice to the possible repair of damage resulting from this use;
f. Be aware, furthermore, that it is not authorized to perform or allow reverse engineering, nor translate, decompile, copy, modify, reproduce, rent, sublicense, publish, divulge, transmit, lend, distribute or otherwise dispose of the consultation tools of this Portal and its functionality; and
g. To be aware that this Portal is made available for the purchase of products for their own use, being strictly forbidden the resale of products purchased through the Portal.
3.2 The User declares that he/she/it must keep his/her/its Access Credentials confidential, not disclosing or sharing his/her/its password with anyone, under penalty of exclusion from the Account and compensation for any damages arising from such disclosure.
3.2.1 If the User suspects that the confidentiality of his/her password has been compromised, he/she shall immediately change it. If the User is unable to access the Portal to do so, he/she shall use the Customer Service (hereinafter "SAC") provided by RIVA CYCLES.
4 - Copyright and Intellectual Property
4.1. The commercial use of the expression RIVA CYCLES as a trademark, company name or domain name, as well as the use of the content presented in the Portal, programs, databases, networks and files may be exercised solely and exclusively by RIVA CYCLES, such objects being protected under Laws 9.279/96, 9.609/98, 9.610/98 and international treaties. Thus, by accessing this Portal, the User declares himself aware that he must respect all intellectual property rights, including copyrights and those arising from the protection of trademarks, patents and/or industrial designs, deposited or registered in the name of RIVA CYCLES, as well as all rights relating to third parties that may be, or have been, in some way linked to the Portal, and may be held civilly and/or criminally liable for any misuse of this content.
4.1.1. The User also declares that the simple access to the Portal does not confer to it any right to use the names, titles, texts, pictures, graphics, phrases, trademarks, patents, works, images, data and information, and other materials that are or have been available on the Portal, being prohibited its reproduction, copy, distribution or use for commercial, advertising purposes or any other that contradict the reality for which it was designed, except with prior written permission of RIVA CYCLES or in case of exclusively personal use, which does not matter acquisition of any rights over the materials.
4.2 Any other form of use of the aforementioned material or the reuse of previously authorized material, including for editorial, commercial or advertising purposes, may only occur with the prior express consent of RIVA CYCLES, which may not be transferred to third parties, even if linked to the holder of the authorization, and the inappropriate and unauthorized use of this material may import civil and criminal infractions.
4.3. The copyrights regarding the contents made available to the Portal, such as, but not limited to, comments and messages, belong to the User, unless specific provision is made in a contract eventually signed between the User and RIVA CYCLES. However, by accepting these Terms and using the Portal, the User grants an irrevocable, perpetual, worldwide, unrestricted, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, distribute or display on the Portal itself the content made available by him/her, including for commercial purposes, enabling the best use of the tool or illustration of any product, service or activity offered by RIVA CYCLES.
5 - Responsibilities of RIVA CYCLES
5.1. RIVA CYCLES makes the best efforts to guarantee the continuous and permanent availability of the Portal, being subject, however, to extraordinary events, such as natural disasters, failures in the central communication systems, failures in the supply of Internet access or acts practiced by third parties, which exceed its sphere of surveillance and responsibility. In this sense, RIVA CYCLES is not responsible:
- for any unavailability, errors or failures of the Portal, as well as for any defraudation of the usefulness that the User may have attributed to the Portal, for its fallibility, or for any difficulty of access;
- for any damages and losses eventually caused by third parties during the provision of services by RIVA CYCLES, such as, but not limited to, carriers and credit card companies, RIVA CYCLES being exempt from any liability related to such facts;
- for errors or inconsistencies in data transmission or for the quality or availability of the Internet signal, which cause failures in the normal operation of the Portal;
- for any damage, loss or loss eventually caused to the Users' equipment by failures in the system, the server or the Internet connection, even if resulting from conduct of third parties, including actions of malicious software such as viruses, trojans, and others that may in some way damage the equipment or the Users' connection as a result of access, use or navigation on this Portal, as well as the transfer of data, files, images, texts, audios or videos contained therein;
- the navigation of Users in external links presented in the Portal, being their duty to read the Terms of Use and Privacy Policy of the Site accessed, as well as their compliance; and
- for damages and losses of any nature that may arise from the knowledge that unauthorized third parties may have of any of the information provided by the Application, as a result of a failure exclusively attributable to the User or to a third party that is beyond the reasonable control of RIVA CYCLES.
5.2 This Portal is subject to constant improvements and updates, and RIVA CYCLES is not obliged to maintain certain structure, layout, features and/or tools, if not for its own convenience, and shall not indemnify Users in case of any changes.
5.3. RIVA CYCLES is not responsible for any acts performed by Users on the Portal, so that at the time of acceptance of these Terms, the User declares to be aware that he/she will be considered the sole and exclusive responsible for the use he/she makes of the Portal.
6 - User Privacy
6.1 RIVA CYCLES pays special attention to the privacy of its Users and makes its Privacy Policy available on the following link https://rivacycles.com/declaracao-de-privacidade/This document regulates the treatment given to the information collected through this Portal, constituting an integral and inseparable part of these Terms, and shall be interpreted together with this document.
7 - RIVA CYCLES Portal Service
7.1 RIVA CYCLES makes available the channels for direct communication with its Users on its Portal, through the 'Contact Us' and 'Contact' links.
7.2 RIVA CYCLES will use as the main channel of communication with its Users the e-mail informed at the time of registration, but reserves the right to use other means of contact provided during registration.
7.2.1 The responsibility for receiving communications is exclusively assigned to the Users and it is therefore essential that they always provide RIVA CYCLES with correct and accurate data and keep them up to date. Furthermore, it is the User's sole and exclusive responsibility to configure their anti-spam systems so that they do not interfere with the receipt of communications and materials from RIVA CYCLES, and no excuses are acceptable with regard to the non-receipt of communications due to this blocking or similar filtering.
8 - Changes to these Terms and Conditions
8.1. These Terms may be changed at any time subject to constant improvement and refinement. Therefore, RIVA CYCLES reserves the right to modify this document and its Privacy Policy at any time, unilaterally, and the new versions will come into force when published on the Portal.
8.2 The User, by accepting these Terms, declares himself/herself aware that he/she should check the content of these Terms periodically, abstaining from using the Portal in case he/she disagrees with any changes made to them.
9- General Provisions
9.1 Tolerance for any breach of any of the clauses and conditions of this instrument shall not constitute novation of the obligations set forth herein, nor shall it prevent or inhibit their enforceability at any time.
9.2 Any clause or condition of this instrument which, for any reason, shall be null or void by any court or tribunal shall not affect the validity of the other provisions of these Terms, which shall remain in full force and effect to the fullest extent.
10 - Applicable Law and Jurisdiction
10.1 The Terms and Conditions of Use described herein shall be interpreted in accordance with the Brazilian legislation, in the Portuguese language, and the User's place of residence in Brazil shall be elected as the venue to resolve any doubts, issues or disputes arising from these Terms, the parties waiving any other, however privileged it may be.
Update: December 10, 2018
DTM Design and Technology in Mobility Ltda .
