TERMS AND CONDITIONS
This term of use and general conditions (“Term”) applies to the use of the Cotton On Website.
Any individual who intends to use the Cotton On Website or purchase any product commercialized therein must read and manifest acceptance of the Term, which is submitted to the appreciation of each new user at the time of their registration.
For purposes of these Terms, users will be considered as any person who accesses or interacts with the activities offered by the Website (“User(s)”).
By clicking “agree”, the User indicates having read, understood and accepted all the clauses of this Term.
COTTON ON ONLINE STORE
COTTON ON DO BRASIL COMERCIAL E PARTICIPAÇÕES LTDA., a limited liability company organized in accordance with the laws of Brazil, registered in the CNPJ/ME under n° 15.425.654/0001-34 (“Cotton On”), is the legitimate owner of the trademark COTTON ON and the [website address], through which it sells its products on the world wide web (Internet) to the Users (“Online Store”).
The purpose of the Online Store is, among others, to supply general information about products, including the terms and conditions for making purchases through it.
The information contained at the Online Store is administered by Cotton On do Brasil and is subject to periodic updates, aiming to better serve its Users. The User should frequently check the content of this Term and of the Privacy Policy to be informed about possible alterations.
The Online Store was planned to be accessed on all the main Internet browsers available in the market, with no technical distinction among them that could cause damage to the navigation. Cotton On is dedicated to constantly correct and/or improve the Virtual Shop, in a way that the implementation of new technologies or creation of new browsers causes no damage to the access by its Users.
To safely access the Online Store and fully use its features, the User should have compatible devices and equipment, Internet connection service with anti-virus and firewall enabled, software properly updated, in addition to the adoption of minimum security measures, such as the use of strong personal password.
GENERAL PURCHASE CONDITIONS
Purchases made through the Online Store follow the terms of the Consumer Defense Code (Law No. 8.078 of September 11, 1990).
Specific conditions about payments, deliveries and returns may be obtained on this Term and also at the following virtual addresses:
Delivery Information.
Returns Information
Orders & Payments
Purchases made through the Online Store should be intended exclusively for private and domestic purposes, being expressly prohibited the trading of any Cotton On product as part of its own commercial activity (including via e-commerce), unless there is a written agreement with Cotton On.
Cotton On may reject the completion of any order placed in the Online Store, regardless of the reason, including on simple suspicion that the User intends to resell it through its own commercial activity or in any other way commercialize Cotton On’s products.
Although Cotton On will do everything possible, it cannot guarantee that the images contained on the Online Store faithfully represent the products or their packaging. The colors shown in the Online Store may not represent exactly the colors of Cotton On products, given that the shades seen in the Online Store may vary according to the color reproduction of the User’s mobile device or computer.
PRIVACY POLICY
When using the Online Store, the User accepts and agrees with the Privacy Policy.
The personal data of the Users will be processed in accordance with the terms of Cotton On’s Privacy Policy.
If any provision in the Privacy Policy conflicts with any provisi on of these Terms, the more specific provision shall prevail.
REGISTRATION OF USERS
To be considered a regular User, the individual should fill out the registration form available on the Online Store and accept this Term (“Registration”).
Only Users who have the legal capacity to contract, that is, over 18 years of age or legally emancipated, will be accepted. If a minor registers in the Online Store not following the Cotton On’s basic rules and requirements, the respective legal tutor will be rendered liable for the acts practiced by the minor User.
The Online Store does not allow purchases by legal entities, being the online purchases reserved solely for individual Users.
For the User to complete your purchase, they should complete the registration on the Online Store. The User should complete all required fields of the registration with accurate and truthful information, being responsible for updating the registration information whenever any change occurs.
The User who registers at the Online Store using third-party personal data, incurring in a crime provided by applicable law, shall respond for their actions under the law.
The User is legally responsible for the veracity and authenticity of the information registered on the Online Store, exempting Cotton On of any responsibility in this sense.
If Cotton On finds any inaccuracy in the information provided by the User, or any illegality in their conduct, it may, at its sole discretion, suspend or cancel their registration and/or access to the Online Store. This measure, however, does not cease or reduce the User’s responsibility for the accuracy and veracity of the data they provide.
INTELLECTUAL PROPERTY
All images, registered marks, logos, text, graphics and other content contained on the Online Store - which are protected by copyright, registered trademark and other intellectual property laws - belong to Cotton On, or were granted under license by their owners, so that Cotton On can use this material as part of the Online Store.
Use of any of Cotton On’s trademarks and/or reproduction of the content of the Online Store is strictly prohibited, except with Cotton On’s prior written consent.
The content of the Online Store, in whole or partially, may not be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose, except as necessary to view the Website on your web browser, when specifically permitted by law or authorized in writing by Cotton On.
CUSTOMER MAILING
By registering, the User agrees to be included in the mailing list of Cotton On’s customers, as well as to the sending of advertising material by Cotton On or its partners to their contact addresses and e-mail addresses. If the User does not wish to receive such advertising materials, they may unsubscribe their contacts in the footer of the emails sent, in the unsubscribe link or at the settings of their Online Store account.
COTTON ON’S RESPONSIBILITY
Cotton On is not responsible for:
Any problems, bugs, glitches or malfunctions that occur on the devices and equipment of the Users and that result from the regular use of the Online Store;
Any direct or indirect damage caused by third-party events, such as hacker attacks, system, server or Internet connection failures, including the actions of malicious software such as viruses, Trojans and others that may somehow damage the Users’ equipment or connection as a result of access, use or browsing on the Online Store, as well as the transfer of data, files, images, text, audio or video contained therein;
Navigation of Users on external links contained in the Online Store, being the Users’ obligation to read the Terms of Use and Privacy Policy of the portal accessed and act as determined;
Verifying, controlling, approving or ensuring the adequacy or accuracy of information or data available on external links contained on the Online Store, not being, therefore, responsible for losses, damages or injuries occurred by visiting such sites, being the User responsible for verifying the reliability of the information and data displayed therein before making any decision or performing any act;
Full and uninterrupted availability of the Online Store, whose correct functioning depends on the access and data traffic between the Users’ computer terminals and the servers of the Online Store; Cotton On has no interference and is not responsible for any failures in the traffic of these data and in the access to the Online Store resulting from failures in the world wide web or of the network and telecommunication services provided by Internet access providers; and
Availability of the Online Store, as well as its incorrect use by Users.
Users have no right to demand the availability of the Online Shop at their convenience, nor may they claim compensation or damages if the Online Shop remains offline, regardless of the reason.
APPLICABLE LAW AND JURISDICTION
This Term is governed by the laws of the Federative Republic of Brazil, in Portuguese, being elected the forum of the domicile of the User to resolve any dispute or controversy involving this term, unless otherwise provided by applicable law.
DELIVERY POLICY
The User may simulate the delivery time and the value of freight when adding products of interest in the shopping cart and entering the zip code in the field “CALCULATE FREIGHT” on the Online Store.
The freight charges mentioned in our Delivery Methods Information link do not include any applicable import charges, taxes and customs duties of the country, being the User responsible for such taxes and duties.
From time to time Cotton On may provide special offers and promotions waiving freight charges in certain circumstances and reserves the right to change, cancel or extend special offers and promotions with respect to freight charges.
If there are any products in your cart that are included in free shipping promotions, the shipping charges for these products will be zero, and only the shipping charges for products that are not included in the same promotion will be charged.
The delivery time for products sold on our Online Store will be counted from the moment the payment for the item is confirmed. Besides this factor, some situations may eventually change the delivery time. These are: inconsistency in data entered by users at the time of purchase, refusal to receive the goods by third-parties, absence of a person responsible for receiving the product at the place of delivery, natural factors such as rain, accidents, strikes, among others. If any of these situations occurs, the Online Store service team will contact the User to inform about any occurrence. It is very important that the User always inform valid contact data and phone number to make this possible.
The term for delivery of products is always counted in business days, and may vary according to the region of delivery, local availability of the product and payment method selected by the User.
PRICES
***Please note that: Prices may vary between physical store and online store***
The prices ON the Online Store do not include freight charges. Prices are subject to change without notice.
All prices and promotions are subject to stock availability and will have limited duration.
The inclusion of a product in the “shopping cart” does not guarantee the price of the product to the User. In the event of a price change between inclusion in the “shopping cart” and THE checkout, the price in effect at checkout shall prevail. Therefore, Users should observe the value described at checkout.
In promotion/sale campaigns, differences may occur in prices on Cotton On’s different sales channels for the participating products.
Price Errors
If a product is offered at a price that clearly does not match the market reality - gross error - the Online Store will not be responsible for fulfilling the offer.
Cotton On is not responsible for systems errors that alter data or information of products, including prices informed on the Online Store and for purchases not approved by the financial institutions.
PAYMENTS
Users may pay for purchases made on the Online Store using Visa, MasterCard and Elo bank cards, as well as by making a PIX.
The Online Store does not provide payment for purchases through bank slip.
Depending on the circumstances, the User may have to pay additional costs referring to the exchange rate and fees charged by the issuer of the credit card used in the purchase. Cotton On will not be responsible for any costs associated with exchange rates or bank fees applicable to purchases made on the Online Store.
Purchases made through the Online Store are also subject to the Terms and Conditions of the payment method’s provider.
CANCELLATION OF PURCHASE AND PRODUCT RETURN
According to the Federal Decree No. 7962/13, which provides for e-commerce, the User has up to seven (7) days after receipt of the product to request cancellation of the purchase, whose process will be available on the Virtual Store.
The User is responsible for posting the product they want to return at the Post Office, but will not pay for costs arising from this operation of legal cancellation of the purchase, not even the freight for returning the unwanted product.
When opening a process of cancellation of purchase and return of the product, the User is given the option to be refunded for the amount paid in three ways: credits at the Online Store, refund or chargeback, varying according to the payment of the original order. The User should select the method on the order cancellation request form, available at the Online Store.
In any of the forms of reimbursement, the value is refunded after receipt of the product in the process of return, at the physical address provided by Cotton On. At that moment, Cotton On verifies the conditions of the item and releases the refund to the User.
The refund of the amount paid by means of credits on the Online Store is offered to all customers, regardless of the payment method used in the original purchase. This option allows you to make a new purchase on the Online Store using the credits they have. The User has 180 days to use their credits, as of the credit of the value on their account. After that period, the value expires and no longer appears as a payment option for new orders.
The refund of the amount by bank deposit is only available for purchases paid via Pix. The User has to provide a bank account held by the original purchaser, along with the CPF of the original purchaser. Refunds will not be made on bank accounts owned by other persons.
The refund is offered to Users who paid for the original purchase with a credit card. Cotton On will file a proceeding with the credit card administrator to perform the refund of the amount in question. Important: credit card administrators have 30 to 60 days for the chargeback to appear on the User’s invoice.
DEADLINES
Return of a product due to legal withdrawal: up to 7 (seven) days after receipt;
Return of a defective product: up to 90 (ninety) days after receipt; or
Cancellation of a sale before the product is shipped: refund is requested immediately.
For the aforementioned situations, the refund (reimbursement, chargeback or credit) is requested only after the product is returned to Cotton On’s stock, as follows:
Deadline for refund: up to 15 (fifteen) days after the return of the product; or
Refund deadline: up to 2 invoices (30 to 60 days) after product return;
Cotton On will not accept the return of products customized by the User.
SECURITY
All personal information provided by Users on the Online Store will be protected by secure SSL payment gateway server, which uses 256-bit security technology to protect the User’s information when purchasing online. This technology encrypts all information provided by the User on the Online Store, including credit card and personal data.
Credit card purchases may take a few minutes to be processed because of the need to confirm billing information with the User’s financial institution.
PURCHASE INVOICE
The User will receive an email notification containing the invoice of the purchase made on the Online Store within 5 working days from the effective payment of the purchase.
CONTENTS PRODUCED BY USERS
This Term takes into consideration, including for updating the conditions provided in it, the result of the evaluations by its Users, resulting from the own service offered by Cotton On (“CRR Service”).
Cotton On recommends the User to use the CRR Service, when available, in a prudent way, and to post comments and evaluations that only report their personal experience with the product.
The evaluations/comments sent by Users to the Online Store, in writing, are typically published within four business days, as of the date of submission.
Cotton On reserves the right, at its sole discretion and without any right to indemnity to the User, to disapprove, restrict or eliminate comments published by the Users on the Online Store that are in disagreement with the purpose of product evaluation, that offend the honor, image, reputation and/or dignity of third-parties, that violate the content guidelines applicable to the CCR Service, or violate any other provision contained in these Terms and/or in the applicable legislation.
By submitting any review/comment for publication on the Online Store, the User declares and guarantees to Cotton On, in relation to the respective content, that:
They are the sole author and owner of the intellectual property rights of the content;
All copyrights and image rights they may have on such content have been voluntarily waived by them;
All content the User has provided is accurate and truthful;
The User is at least 18 years of age or is legally emancipated;
The use of the content by the Online Store does not violate these Terms and will not cause harm to any person or entity.
The User also agrees that they may not send any content for publication on the Online Store:
That it knows to be false, inaccurate or misleading;
That infringes copyrights, patents, trademarks, trade secrets, image rights or other proprietary rights or rights of publicity or privacy of third-parties;
That violates any law, statute, ordinance, or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, or false advertising);
Which could be reasonably considered to be defamatory, libelous, hateful or racially or religiously prejudiced, threatening or unlawfully harassing any individual, partnership or corporation;
For which you have been compensated or remunerated in any way by any third-party, including any information that makes reference to other websites, addresses, e-mail addresses, contact information or telephone numbers;
Which contains computer viruses, Worms, other potentially harmful programs or files.
The User agrees to indemnify and hold harmless Cotton On (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.) from all claims, demands, losses and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys’ fees, that arise from breach of the User’s obligations set forth in Sections 16 and above, or from violation of any law or the rights of a third-party.
All content that the User submits to the Online Store may be used at Cotton On’s sole discretion so that, for any content that the User submits to the Online Store, the User grants Cotton On a perpetual, irrevocable, royalty-free, transferable and licensed right to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content, and/or incorporate it by any form, medium or technology, throughout the world, without any remuneration being owed to the User.
The content of each comment/evaluation produced by the User on the Online Store is the sole and exclusive responsibility (civil and criminal) of the User. None of the contents produced by the User on the Online Store will be subject to any obligation of confidentiality by the Cotton On, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
GENERAL PROVISIONS
The tolerance of eventual non-compliance of any of the clauses and conditions of these Terms will not constitute novation of the obligations stipulated herein, nor will prevent or inhibit the enforceability of these obligations at any time.
If any provision of these Terms or the Privacy Policy published on the Online Store is considered unenforceable or without effect, the remaining documents remain in force, without the need for judicial action to declare such an assertion.
The Online Store is based on the official date and time of Brasilia.
QUESTIONS?
In the event of any questions regarding this Term, as well as to obtain further information on how to use the Online Store, purchase, payment and much more, the User may visit Cotton On’s Customer Center.
The service to Users may be deliver3d through the channels of the Cotton On Customer Center, from Monday to Saturday, from 8am to 10pm, except national holidays.
