TERMS OF USE AND CONDITIONS OF E-COMMERCE

 

Welcome to Specialized's E-commerce. Below, we present to you (hereinafter "User") the Terms of Use and Conditions of E-Commerce (hereinafter "Terms") related to it, a document that indicates the main rules to be observed by all those who access it and use its features.

 

E-commerce consists of an online space for interaction between Specialized, its Users, consumers, and brand enthusiasts, as well as a means for presenting and effectively marketing Specialized products, in addition to the dissemination of content related to sports articles and recreational activities in general.

 

 

1. Acceptance

1.1 In order to access and use E-commerce, the Visitor and the User must accept these Terms. Therefore, free, express, informed, and without any reservations, acceptance is made by clicking the "I Accept the Terms" button. 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 should refrain from using Specialized's E-commerce.

1.2 These Terms are accompanied by the Privacy Policy (hereinafter "Policy"), available on the E-commerce, through the link https://www.specialized.com/br/pt/privacy-policy. For the User to use the site, they must give their free, express, informed, and unconditional consent regarding the said Policy.

1.3 If you make a purchase from one of our authorized resellers (stores), we collect your data, including CPF, name, gender, date of birth, address, contact (email and phone), and purchase history.

 

2. Access and Features

2.1 Users under 18 (eighteen) years of age must have their registration performed and authorized by a legal guardian, who must also be identified when providing the registration data.

2.2 Some features and functionalities of E-commerce are intended only for Users who meet specific requirements, which will be determined based on the User's personal registration data, such as age and other criteria specified by Specialized. Therefore, by accepting these Terms, the User declares that the mere registration does not necessarily mean full access to E-commerce functionalities, and Specialized may restrict access at its sole discretion.

2.3 The User may choose to link their access to E-commerce to their social media account on Facebook or through their Google account. In these situations, Specialized will collect public information available on the User's profile, necessary for their identification for access to E-commerce. If the User selects the option to access by importing data from their Facebook account, they expressly consent and authorize E-commerce to access, store, and use their public data linked to that account. Furthermore, this registration option is subject to the rules contained in Facebook's and Google's Terms and Conditions of Use.

2.4 Through E-commerce, Specialized presents and allows the User to acquire its products, according to their availability on E-commerce.

2.4.1 The User acknowledges that Specialized may sell certain products exclusively through its digital channels, such as E-commerce or in its physical stores. Thus, the promotion and availability of products in one of these purchasing channels do not necessarily imply their sale in the other, and the User is therefore aware that they may occasionally not find a particular product in both channels.

2.4.2 By accepting these Terms, the User acknowledges that the prices practiced by Specialized on E-commerce may differ from those adopted in physical stores. Therefore, the prices set by digital sales channels may not be the same as those in physical stores, and these stores are not obliged to change the price of a specific product if the published or shared price on the internet differs.

2.4.3 Orders placed through E-commerce are subject to approval by Specialized and may be canceled at its sole discretion in order to prevent unauthorized reselling or in cases of suspected fraud.

2.5 The User must carefully read the product details and corresponding usage instructions before purchasing and using them to avoid compromising their safety or well-being, as well as the ineffectiveness of the warranty provided by Specialized for the product they have purchased.

2.5.1 Specialized is not responsible for any improper use of its products by the User, as well as for any damages and losses caused to the User or third parties due to the non-compliance with its recommendations regarding handling and use.

2.6 When purchasing products through E-commerce, the User agrees to the price information, conditions, and payment methods presented and selected by them, authorizing the charging of the total amount of the purchase on their credit card or the generation of a bank slip, as applicable, as well as the processing of the User's data for these purposes.

 

3. Privacy and Data Protection

3.1 For the proper functioning of E-commerce and the provision of certain services, Specialized may collect and process the User's data, as provided in its Privacy Policy.

 

4. Prohibited Conduct

4.1 The User is prohibited from using E-commerce for any purpose that is illegal or prohibited by these Terms, and by doing so, they may be subject to civil and criminal liability.

4.2 The following activities are expressly prohibited:

4.2.1 Violating the privacy of third parties, including other Users;

4.2.2 Using E-commerce to defame, harass, threaten, or violate the rights of third parties, including other Users;

4.2.3 Transmitting or distributing any material that is obscene, defamatory, offensive, or illegal, as well as any material that may infringe third-party intellectual property rights;

4.2.4 Using E-commerce in any way that interferes with its normal operation;

4.2.5 Attempting unauthorized access to E-commerce's systems and data;

4.2.6 Using any robot, spider, data mining tool, or other automatic device or program to access, copy, or monitor E-commerce without Specialized's prior written consent;

4.2.7 Engaging in any activity that disrupts or impairs the performance of E-commerce, including but not limited to the transmission of viruses, spyware, or malware;

4.2.8 Engaging in any conduct that may damage, disable, or impair the E-commerce platform or its infrastructure;

4.2.9 Attempting to gain unauthorized access to any part of E-commerce, other User accounts, or any computer system or network connected to E-commerce by hacking, password mining, or any other means;

4.2.10 Uploading, posting, or transmitting any content that encourages or facilitates illegal activities;

4.2.11 Uploading, posting, or transmitting any content that infringes the rights of third parties;

4.2.12 Uploading, posting, or transmitting any content that is false, misleading, or deceptive;

4.2.13 Uploading, posting, or transmitting any content that promotes discrimination, hatred, or violence based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected category;

4.2.14 Uploading, posting, or transmitting any content that constitutes spam, unsolicited advertising, or promotional materials;

4.2.15 Engaging in any fraudulent activity on E-commerce;

4.2.16 Violating any applicable laws or regulations;

4.2.17 Violating these Terms.

4.3 Specialized reserves the right to investigate and take legal action against anyone who violates these provisions, including reporting such violations to the appropriate law enforcement authorities.

4.4 Specialized may, at its sole discretion, terminate or suspend the User's access to E-commerce for violating these Terms or for any other reason.

4.5 The User may report any violations of these Terms or any suspicious or inappropriate activity on E-commerce by contacting Specialized through the channels provided.

 

5. Intellectual Property

5.1 All intellectual property rights related to E-commerce, its content, and its features are the property of Specialized or its licensors, and the User has no right, title, or interest in them, except for the limited right to access and use E-commerce in accordance with these Terms.

5.2 The User may not reproduce, modify, distribute, display, or perform any part of E-commerce or its content without the prior written consent of Specialized.

5.3 The User may not use any trademarks, trade names, logos, or other distinctive signs of Specialized without the prior written consent of Specialized.

5.4 The User may not use any metatags or other hidden text that incorporates Specialized's trademarks, trade names, logos, or other distinctive signs without the prior written consent of Specialized.

5.5 The User may not frame or utilize framing techniques to enclose any trademark, logo, or other distinctive signs of Specialized without the prior written consent of Specialized.

5.6 Any unauthorized use of E-commerce, its content, or its features may violate copyright, trademark, and other applicable laws and may result in criminal or civil liability.

 

6. Warranties and Liability

6.1 Specialized makes every effort to ensure the accuracy and reliability of the information provided on E-commerce. However, Specialized does not guarantee that E-commerce will be free from errors or interruptions and does not assume any liability for inaccuracies or omissions in the information available on E-commerce.

6.2 Specialized reserves the right to modify or discontinue E-commerce or any of its features at any time and without prior notice.

6.3 Specialized does not warrant that E-commerce or its servers are free of viruses or other harmful components, and the User is responsible for taking appropriate precautions to protect their computer systems and data.

6.4 E-commerce may contain links to third-party websites or services that are not owned or controlled by Specialized. Specialized has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. The User acknowledges and agrees that Specialized shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

6.5 Specialized shall not be liable for any damages, losses, costs, or expenses arising out of or in connection with the use or inability to use E-commerce, including but not limited to any indirect, incidental, consequential, or punitive damages, loss of data, business, or profits, or personal injury or property damage, even if Specialized has been advised of the possibility of such damages.

6.6 The User's sole and exclusive remedy for any dispute with Specialized related to E-commerce is to discontinue using E-commerce.

 

7. Applicable Law and Jurisdiction

7.1 These Terms are governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.

7.2 Any dispute, controversy, or claim arising out of or relating to these Terms or the use of E-commerce shall be subject to the exclusive jurisdiction of the competent courts of [Jurisdiction].

 

8. Contact Information

8.1 For any questions or concerns about these Terms or E-commerce, the User may contact Specialized at the following address:

[Specialized Contact Information]

 

9. Final Provisions

9.1 These Terms constitute the entire agreement between the User and Specialized regarding the use of E-commerce and supersede all prior agreements and understandings, whether written or oral.

9.2 Specialized may assign these Terms, in whole or in part, to any third party at its sole discretion.

9.3 If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

9.4 Specialized's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

9.5 The User may not assign or transfer their rights or obligations under these Terms without the prior written consent of Specialized.

 

10. Applicable Law and Jurisdiction

10.1 The Terms and Conditions of Use described here are interpreted according to Brazilian law, in the Portuguese language, with the forum of the User's place of residence in Brazil being elected to resolve any doubts, questions, or disputes arising from these Terms, with both parties waiving any other forum, no matter how privileged it may be.

 

 

Updated: 01/14/2021

SPECIALIZED DO BRASIL COMÉRCIO DE BICICLETAS LTDA.