General Terms and Conditions of Use (and of Purchase and Sale) of the Charmis Website
The services of the website are provided by the legal entity registered under CNPJ No. 64.519.135/0001-40, holder of the intellectual property rights over the software, website, applications, content, and other assets related to the Tray e-commerce platform.
1. Purpose
The platform aims to license the use of its software, website, applications, and other intellectual property assets, providing tools to assist and streamline the daily activities of its users. The platform conducts distance sales electronically of the following products or services: products in the fashion segment.
2. Acceptance
This Term establishes obligations entered into freely and voluntarily, for an indefinite period, between the platform and individuals or legal entities who use the website.
By using the platform, the user fully accepts these rules and undertakes to comply with them, under penalty of applicable sanctions.
Acceptance of this instrument is essential for access to and use of any services provided by the company. If the user does not agree with the provisions of this instrument, they must not use the services.
3. User Access
All technical solutions available to the platform’s administrator will be used to allow access to the service 24 (twenty-four) hours a day, 7 (seven) days a week. However, browsing the platform or any of its pages may be interrupted, limited, or suspended for updates, modifications, or any necessary action for its proper functioning.
4. Registration
Access to the platform’s features will require prior registration and, depending on the selected services or products, payment of a specific amount. When registering, the user must provide complete, current, and valid information and is solely responsible for keeping such information updated, as well as for the accuracy of the data provided.
The user agrees not to share their registration and/or access data with third parties and is fully responsible for any use made thereof. Individuals under 18 years of age and those without full legal capacity must obtain prior express consent from their legal guardians to use the platform and its services or products, and such guardians shall be solely responsible for any access by minors or persons lacking full legal capacity without prior authorization.
By completing the registration, the user expressly declares and guarantees that they are fully capable of exercising and freely enjoying the services and products. The user must provide a valid email address through which the website will carry out all necessary communications.
After confirmation of registration, the user will have a login and personal password, ensuring individual access. The user is solely responsible for maintaining this password confidential and secure to prevent unauthorized access to personal information.
Any activity carried out using the password will be the user’s responsibility, who must promptly inform the platform in case of improper use. It is not permitted to assign, sell, rent, or transfer the account in any manner, as it is personal and non-transferable.
The user must ensure that their equipment is compatible with the technical requirements necessary for using the platform and its services or products. The user may request cancellation of their registration at any time. Cancellation will be processed as quickly as possible, provided there are no outstanding debts.
By accepting the Terms and Privacy Policy, the user expressly authorizes the platform to collect, use, store, process, assign, or otherwise use information derived from the use of the services, the website, and any related platforms, including all information provided during registration or updates, in addition to other information expressly described in the Privacy Policy, which must also be authorized by the user.
5. Services or Products
The platform may provide users with a specific set of features and tools to optimize the use of services and products.
On the platform, the services or products offered are described and presented with the highest degree of accuracy, including information about their characteristics, qualities, quantities, composition, price, warranty, expiration dates, and origin, among other details, as well as information about potential risks to the user’s health and safety. Before completing the purchase of any product or service, the user must inform themselves about its specifications and intended use. Delivery information for services or products purchased on the platform will be provided at checkout.
6. Prices
The platform reserves the right to unilaterally adjust the prices of services or products at any time without prior notice or consent from the user.
The applicable prices are those in effect at the time of the order. Prices are indicated in Brazilian reais and do not include delivery fees, which are specified separately and informed to the user before order completion.
When purchasing a service or product, the platform may request financial information from the user, such as CPF, billing address, and card details. By providing such data, the user agrees to be charged according to the chosen payment method at the prices in effect at the time of purchase. Such financial data may be stored to facilitate future transactions.
7. Cancellation, Exchange, and Returns
The user may review the applicable policies at:
https://www.charmis.com.br/return-and-exchange-policy
8. Support
In case of any questions, suggestions, or issues regarding the use of the platform, the user may contact support via email at [email protected] or by phone at +55 (11) 97063-5358.
Customer service hours are:
Monday – Friday: 9:00 AM to 6:00 PM
Saturday: 9:00 AM to 3:00 PM
9. Responsibilities
It is the user’s responsibility:
a) for defects or technical issues originating from the user’s own system;
b) to properly use the platform, services, or products, maintaining respectful and courteous conduct among users;
c) to comply with and respect the rules set forth in these General Terms of Use, the Privacy Policy, and applicable national and international laws;
d) to protect their account access data (login and password).
It is the platform’s responsibility:
a) to indicate the characteristics of the service or product;
b) for defects or issues in the service or product when caused by the platform;
c) for the information it has disclosed, noting that comments or information posted by users are the sole responsibility of the respective users;
d) for illegal content or activities carried out through its platform.
The platform is not responsible for external links contained within its system that may redirect users to environments outside its network. External links or pages for commercial, advertising, or unlawful, violent, controversial, pornographic, xenophobic, discriminatory, or offensive purposes may not be included.
10. Copyright
These Terms of Use grant users a non-exclusive, non-transferable, and non-sublicensable license to access and use the platform and the services and products it provides. The structure of the website or application, trademarks, logos, trade names, layouts, graphics, interface design, images, illustrations, photographs, presentations, videos, written, sound, and audio content, computer programs, databases, transmission files, and any other intellectual property rights of Charmis are duly reserved under Brazilian Industrial Property Law (Law No. 9.279/96), Copyright Law (Law No. 9.610/98), and Software Law (Law No. 9.609/98).
These Terms of Use do not assign or transfer any rights to the user, and access does not generate any intellectual property rights, except for the limited license granted herein.
Use of the platform is personal, individual, and non-transferable. Any unauthorized use, commercial or non-commercial, constitutes a violation of Charmis’ intellectual property rights and is subject to applicable legal penalties.
11. Sanctions
Without prejudice to other legal measures, Charmis may, at any time, warn, suspend, or cancel the user’s account if:
a) the user violates any provision of these Terms;
b) the user fails to fulfill their duties;
c) the user engages in fraudulent, malicious, or harmful conduct toward third parties.
12. Amendments
The items described in this instrument may be unilaterally modified at any time by the company to adapt or modify services and products or to comply with new legal requirements. Changes will be published on the website.
13. Privacy Policy
The user may review the Privacy Policy at:
https://www.charmis.com.br/our-privacy-and-cookies-policy
14. Jurisdiction
For the resolution of disputes arising from this instrument, Brazilian law shall apply in full. Any disputes shall be submitted to the court of the district where the company’s headquarters are located.
