TERMS AND CONDITIONS OF USE OF THE GLOBAL ONLINE SALES PLATFORM WWW.ONELADY.COM
By this private instrument and in the best form of law, UNIVERSO ONELADY TECNOLOGIA LTDA., limited liability company, registered with the CNPJ/ME under 36.332.456/0001-04, headquartered in the City of São Paulo, State of São Paulo, at Rua Ambrizete, nº 180, apt. 11, Jardim Fonte do Morumbi, CEP 05.704-020, herein represented in the form of its Articles of Incorporation, hereinafter referred to simply as “UNIVERSO ONELADY”;
- UNIVERSO ONELADY is a global marketplace designed to connect copyright brands founded by women with consumers around the world, bringing products and experiences from the female universe into the digital age, producing content, implementing payment infrastructures, managing conflicts and resolving complaints, exchanges and returns, as well as advertising and marketing products offered for sale online, hereinafter referred to simply as “Global Online Sales Platform”;
- Marketplace is a place for online purchases and sales of products, that is, a virtual space through which UNIVERSO ONELADY authorizes selected retailers, hereinafter collectively referred to as FEMALES PARTNERS or FEMALE PARTNER, in the singular, to sell or supply the its products/services directly to end consumers, hereinafter referred to in the plural CUSTOMERS or in the singular CUSTOMER, on its Global Online Sales Platform, registered under the domain www.onelady.com .
- UNIVERSO ONELADY is not a seller and/or supplier of any products advertised on the Global Online Sales Platform object of this Agreement, nor does it participate in the control of stock, production and quality of products or provision of services by FEMALE PARTNERS.
- Any legal entity interested in advertising their products/services on the Global Online Sales Platform can become a FEMALE PARTNER, provided they register on said platform, agree with all its use policies and accept the Commercial Proposal presented by UNIVERSO ONELADY .
- UNIVERSO ONELADY does not define/regulate the price, delivery period and conditions for the offer of products/services sold through the Global Online Sales Platform, which are made exclusively by FEMALE PARTNERS.
- CUSTOMERS are subject to the rules and conditions of offer made available by FEMALES PARTNERS on the Global Online Sales Platform, which, in turn, always comply with the applicable legislation.
- CUSTOMERS are aware and agree that, when purchasing a product directly from a FEMALE PARTNER, UNIVERSO ONELADY will not be responsible for the content, delivery period and conditions of the FEMALE PARTNER offer.
In this context, established the aforementioned premises, UNIVERSO ONELADY defines the TERMS AND CONDITIONS OF USE OF THE GLOBAL ONLINE SALES PLATFORM www.onelady.com, hereinafter simply referred to as "Terms and Conditions", whose adherence is mandatory by all users of the referred platform:
1 - REGISTRATION
The services on this platform are only available to individuals or companies that have the legal capacity to hire them. The registration of Customers who do not have civil capacity is prohibited. In order to use the services of this platform, Customers must register an account, filling in all the mandatory fields of registration with exact, precise and true information. Customers declare and undertake to update the data entered in their records ("Personal Data") whenever necessary. UNIVERSO ONELADY may, at its sole discretion, carry out the searches it deems necessary to determine incorrect or untrue data, as well as request additional data and documents that it deems relevant in order to verify the personal data informed. UNIVERSO ONELADY reserves the right to refuse any registration request and to suspend a previously accepted registration that does not comply with the policies and rules of these terms and conditions. UNIVERSO ONELADY is not responsible for correcting the personal data entered by Customers in the registration and on the Global Online Sales Platform. Customers guarantee and respond, in any case, civilly and criminally, for the veracity, accuracy and authenticity of the personal data registered. Customer's account password must be unique, personal, non-transferable and kept secure by Customer. In the event of any breach of the password or unauthorized use of the account, the Client must immediately notify UNIVERSO ONELADY through the contact points indicated in CONTACT on the website www.onelady.com, and the Client is responsible for all sessions and transactions carried out on the online sales platform using your password.
2 - PURCHASE RIGHT
To be able to make purchases on the Global Online Sales Platform, the Customer must provide his/her personal data, such as: name, telephone number, e-mail, among other information. In addition, it will be necessary to provide payment information that is valid and correlated with the address registered in the corresponding payment method. When purchasing any merchandise through the online sales platform, the Client expressly authorizes UNIVERSO ONELADY to carry out the respective credit validation by transferring and obtaining the Client's data to third parties, including the use of the Credit Card number for authentication of identity and validity by means of payment. Therefore, the Customer agrees that personal information provided in the purchase process on the online sales platform will be used for anti-fraud investigation and shared with third parties specialized in the investigative process.
3 - ORDERS
All purchases and purchase orders made through the Global Online Sales Platform are subject to validation/existence of stock and acceptance of the purchase order by the respective FEMALE PARTNER. Thus, the virtual presence of the merchandise in the Customer's shopping cart does not necessarily mean the reservation of the merchandise or even its physical existence. From the moment the merchandise is selected by the Customer and the respective personal data are correctly entered, including the relevant means of payment, the order will be registered on the online sales platform. The Customer's payment method will undergo an anti-fraud analysis. As a secure sale, UNIVERSO ONELADY will confirm with the Client, by means of an electronic message, the payment for the purchase of the goods object of the order. If the sale is not authorized in the anti-fraud analysis, the Customer will be notified via electronic message by UNIVERSO ONELADY indicating the cancellation of the sale, with the Customer being suggested to verify their payment method. Confirmation of purchase by UNIVERSO ONELADY automatically characterizes a legally binding contract between the Customer and the online sales platform, under the Terms and Conditions described herein. After payment approval, the purchase order will be passed on to FEMALE PARTNER, which will accept or not the sale of the product, as it will verify the physical stock. Upon confirmation of the physical stock by FEMALE PARTNER, the merchandise proceeds to the other stages of separation and billing of the Invoice for sending the product to the Customer. If FEMALE PARTNER does not confirm the sale of the merchandise, due to lack of stock, the Customer will be notified by electronic message by UNIVERSO ONELADY indicating that the sale has been completely cancelled. When FEMALE PARTNER confirms the partial fulfillment of the order, UNIVERSO ONELADY will contact the customer, informing the available options: accept the partial progress of the purchase or cancel the complete order. When performing transactions on the Global Online Sales Platform, the Client expressly authorizes UNIVERSO ONELADY to make its data available to FEMALE PARTNER from which the Client will purchase the product/service, so that the transaction can be completed.
5 - ACCEPTANCE OF PURCHASE/SERVICE ORDER
UNIVERSO ONELADY reserves the right not to accept a purchase/service order if it does not obtain payment authorization, or even in the event of product delivery restrictions, both by product characteristics and by characteristics of the shipping region.
6 - PAYMENT
The Global Online Sales Platform accepts the main credit or debit card brands and other payment methods that are specified on the Payment Page. The purchase amount will be charged after the payment method has been validated, through a risk analysis. The Client warrants that the payment method chosen is for its own use or authorized by the holder of that payment method. Once payment has been approved for the purchase order, it is not possible to change the method of payment and the delivery address, or request an advance, or even priority in delivery. Remembering that after payment approval, FEMALE PARTNER will still validate the stock to continue the purchase process. UNIVERSO ONELADY has taken all appropriate measures to make the Global Online Sales Platform safe, however UNIVERSO ONELADY cannot guarantee that fraud will not occur. All credit or debit card processing is done using a secure payment gateway that encrypts card details on a secure host. If the Customer is registered on the Global Online Sales Platform, his payment data will be encrypted and stored in the system for payment of purchases authorized by the Customer. UNIVERSO ONELADY is not responsible for any request made through the Customer's registration (login) by an unauthorized third party.
7 - DELIVERY POLICY
7.1. NATIONAL DELIVERIES
The delivery/shipment of products/provision of services nationwide is the exclusive responsibility of FEMALE PARTNER, which will charge the freight price directly from the Customer, as mentioned in item 06 above, and UNIVERSO ONELADY does not have any interference with this service. Remembering that, at the time of purchase of products nationwide and prior to its closing, the Customer will be informed of the freight amount for domestic sale and the estimated delivery period. The shipping cost must be paid by the Customer, not being included in the product's sales price. It is the Customer's responsibility to correctly supply the delivery address, otherwise it will not be possible to complete the shipping service, without the right to any refund by the Customer. It is not allowed to change the type of delivery or the address after finalizing the purchase. FEMALE PARTNER may refuse to sell products/services in PO boxes and addresses that do not allow delivery of goods or in locations not served by delivery services. All orders are subject to analysis and approval of registration data, which may change the delivery period. Shipping values and regions served may change without prior notification. It is not allowed to change the type of delivery or the address after finalizing the purchase. FEMALE PARTNER is exempt from responsibility for delays in delivery when there are natural and adverse factors, such as: heavy rains, accidents, demonstrations or strikes in the region where the product should be delivered, as they make it impossible for the carrier to arrive. Values, terms and types of deliveries vary according to the region, type of product and delivery. The Global Online Sales Platform does not have a fixed rule for free shipping, we can display free shipping promotions at any time, upon joining FEMALE PARTNER.
7.2. INTERNATIONAL DELIVERIES/SHIPMENTS
The delivery/shipment of products/provision of services internationally is the exclusive responsibility of FEMALE PARTNER, by contracting a specialized company, which will charge the freight and import fee(s) directly from the Client , as mentioned in item 06 above, with UNIVERSO ONELADY not having any interference in this service. Remembering that, when purchasing products internationally and prior to its closing, the Customer will be informed of the shipping cost and import fee(s), when applicable, as well as the estimated delivery time. The shipping charge and import fee(s) must be paid by the Customer at the check-out stage and will be charged together with the product. At the final check-out stage, all costs will be individualized and transparently informed to the Client. It is the Customer's responsibility to correctly supply the delivery address, otherwise it will not be possible to complete the shipping service, without the right to any refund by the Customer. It is not allowed to change the type of delivery or the address after finalizing the purchase. FEMALE PARTNER may refuse to sell products/services in PO boxes and addresses that do not allow delivery of goods or in locations not served by international delivery/shipment services. All orders are subject to analysis and approval of registration data, which may change the delivery period. Shipping values and regions served may change without prior notification. FEMALE PARTNER is exempt from responsibility for delays in delivery when there are natural and adverse factors, such as: heavy rains, accidents, demonstrations or strikes in the region where the product should be delivered, as they make it impossible for the carrier to arrive. Values, terms and types of deliveries vary according to the region, type of product and delivery. The Global Online Sales Platform does not have a fixed rule for free shipping, we can display free shipping promotions at any time, upon joining FEMALE PARTNER.
8 - RETURN / EXCHANGE / REFUND POLICY
Any request to return the product purchased at UNIVERSO ONELADY must be made through the contact points indicated in CONTACT on the website www.onelady.com, and may be through any electronic communication channel (whatsapp and/or e-mail), choose the best one form of contact! The deadline for requesting the return is up to 07 (seven) calendar days after receiving the product, and the costs must be borne by the Customer, except in the case of offers or promotions defined in the Global Online Sales Platform, whose membership has formalized by the FEMALE PARTNER seller of the product nationally or internationally. If the goods are received and the Customer identifies any defect, damage or inconsistency with the order, we advise the Customer to notify the problem through the contact points indicated in CONTACT on the website www.onelady.com within 074 (seven) calendar days upon receipt, in which case, the freight for the return and shipment of a new product (if the Customer does not opt for a refund of the purchase amount in the form below), will be borne by FEMALE PARTNER, whether in the event of sale of products nationally or internationally.
8.1. RETURN RULES
To return the product and avoid FEMALE PARTNER's refusal to return it, we ask the Customer to follow the guidelines below:
- Return the merchandise, preferably in the original packaging (box), with the tags attached and the security seal intact. If you do not have the original packaging, pack the product and protect it from being damaged during the journey;
- The product must not have been used or damaged;
- All accessories, manuals and items delivered with the product must be sent again, if any;
- The product must comply with the purchase order;
- A copy of the Invoice/DANFE must be sent with the product.
Within 03 (three) business days from receipt of the product, FEMALE PARTNER must return the contact with the Customer, after inspecting the goods, with the return if the request will be met. If the product does not comply with the rules, it will be returned to the Invoice address, indicated by the Customer.
After confirmation of approval of the return, UNIVERSO ONELADY will ask the card company or the operator of the payment method, as the case may be, to reverse the amount paid in the order. The cost of freight and other costs borne by the Customer, such as import fee(s), if the case of international delivery/shipment will only be refunded to the Customer if the return is due to defect, damage or inconsistency with the request. In other cases, the shipping cost will not be refunded to the Customer. The refund will occur in the same form of payment used at the time of purchase and the usual term is 72 (seventy-two) hours within 2 (two) subsequent invoices, depending on whether the request date was before or after the closing of your invoice. SUMMARY OF RETURN STEPS
- 1st Customer opens the Return Request through the contacts provided on the page www.onelady.com (whatsapp and/or email).
- 2° UNIVERSO ONELADY informs the Customer of the return authorization number and provides guidance on the available options.
- 3° The Customer makes the return.
- 4th Return in transit.
- 5th Receipt of goods returned by FEMALE PARTNER.
- 6th Inspection of the goods by FEMALE PARTNER.
- 7th Approval of Return*.
- 8th Authorization of Reversal by the Administrator.
- 9th Completion of the Return Request.
*If the merchandise does not comply with the rules, the return will be refused.
The rules for the exchange of the product follow the same defined for the return. However, the exchange is only allowed with the same FEMALE PARTNER responsible for the sale, for products of the same value, unless the Customer agrees to pay the difference in price. In case of exchange, the Customer must bear the freight costs of the new product chosen by him, whether in case of sale of products nationally or internationally.
The purchase may be canceled by the Customer within 07 (seven) calendar days after its completion, through the contact points indicated in CONTACT on the website www.onelady.com, through any of the communication channels (whatsapp and/or and -mail). The undelivered order can also be canceled within the same period, directly through the website, access “My Account”, login, then click on “My Orders”, select the desired order and click on the “Cancel Order” button.
8.5. PRODUCT REFUSAL (on delivery)
If the packaging of the goods sent is violated at the time of delivery (damaged or opened), the Customer must refuse to receive the product and note the reason for refusal on the back of the Invoice, we also advise you to take photographs of the packaging received, in the presence of the delivery person, as proof of damage and these photographs must be sent through the contact points indicated in CONTACT on the website www.onelady.com. If there is no Invoice, the customer must refuse to receive the product and note the reason for refusal on the carrier's receipt, we also advise you to get in touch to inform the reason for refusal to deal with the mistake.
9 - CUSTOMER SERVICE
UNIVERSO ONELADY has a Customer Service channel, which is offered to answer questions and resolve conflicts.
Go to onelady.com and choose between Phone and/or Email contact options.
Phone and WhatsApp
Monday to Friday from 8am to 8pm
Saturdays from 8am to 6pm
The maximum period estimated for the return of the contact with the options to solve the problem is up to 03 (three) business days, counting from its notification.
10 - INTELLECTUAL PROPERTY
The contents of the Global Online Sales Platform, including, but not limited to any programs, data and files, as well as the FEMALES PARTNERS trademarks, business name and domain names, own and UNIVERSO ONELADY images belong to UNIVERSO ONELADY or , eventually, are adequately covered by license/assignment of use by third parties, audiovisual production, web design, text, among others.
The contents displayed on the Global Online Sales Platform may not, in any way, be copied, distributed, reproduced or disseminated in any medium, under penalty of civil and/or criminal liability, including any HTML language and other platform codes.
FEMALES PARTNERS are responsible for the veracity of the content presented on the Global Online Sales Platform, as well as for the quality of the goods sold, ensuring the authenticity of the products made available on that platform. UNIVERSO ONELADY does not commit itself to the possible presence of viruses or any other harmful element from external agents on the internet.
The commercial use of the expression UNIVERSO ONELADY as a brand, business name or domain name, as well as the contents of the Global Online Sales Platform screens, as well as the programs, databases, networks, files that allow the Customer to access and use through your account are the property of UNIVERSO ONELADY, and are protected by the laws and international treaties of copyright, trademarks, patents, models and industrial designs, being forbidden to use by the User, except with prior written authorization.
Any use not contemplated in this authorization will be considered as a violation of copyright and subject to applicable sanctions in Law 9.610, of February 19, 1998, which protects copyright in Brazil.
11 - THIRD PARTY PLATFORMS
On the UNIVERSO ONELADY Global Online Sales Platform there may be a third-party hyperlink pointing to external content, including advertising campaigns. UNIVERSO ONELADY is not responsible for the content present on any third party platform.
12 – OBLIGATIONS OF USERS
When expressing interest in any product or service, the Customer undertakes to comply with the conditions of sale described in these Terms and Conditions and in the corresponding advertisement, and declares that it has complied with all the specifications and descriptions of the item.
UNIVERSO ONELADY is not responsible for the tax obligations that fall on the activities of FEMALES PARTNERS, as well as on the sales of goods made through the Global Online Sales Platform.
Due to the fact that UNIVERSO ONELADY does not appear as a party in the purchase and sale negotiations that take place through the online sales platform, the responsibility for all obligations arising, whether tax, labor, consumer or of any other nature, will be exclusively of the FEMALES PARTNERS.
UNIVERSO ONELADY is neither the seller nor the owner of the products advertised by FEMALES PARTNERS on the Global Online Sales Platform and does not hold ownership of these items.
These Terms and Conditions do not generate any partnership agreement, mandate, franchise or employment relationship between UNIVERSO ONELADY, the FEMALES PARTNERS or the Clients.
13 - SYSTEM OR DATABASE BREACH
It is not allowed to use any device, software or other resource that may interfere with the activities and operations of the Global Online Sales Platform, as well as the advertisements, descriptions, accounts or its databases.
Any intrusion, attempt or activity that violates or contravenes the laws related to the matter, as well as any violation of intellectual property rights and/or the prohibitions stipulated in these Terms and Conditions will make the responsible liable to the relevant legal actions, being also responsible for indemnities for any damage caused.
14 - MODIFICATIONS TO THE TERMS AND CONDITIONS
When browsing UNIVERSO ONELADY's Global Online Sales Platform, all users, whether Customers or FEMALES PARTNERS, agree to be guided by the UNIVERSO ONELADY Terms and Conditions of Use that are in force on the date and, therefore, must check the same in advance each time you visit that platform.
If Customers do not comply with the new rules, they must contact the contact points indicated in CONTACT on the website www.onelady.com, in which case their contractual relationship with UNIVERSO ONELADY will be considered terminated, and, in However, all obligations assumed up to the time of effective termination must be fulfilled.
UNIVERSO ONELADY may change these Terms and Conditions at any time, with a view to improving them and improving the services provided. It is now certain and adjusted that the new General Terms and Conditions will always enter into force 10 (ten) days after their publication on the online sales platform.
15 - SANCTIONS
Without prejudice to other applicable measures, UNIVERSO ONELADY may warn, suspend, temporarily or permanently, a Customer's account, in the event that he does not comply with any provision of these Terms and Conditions and other related policies.
16 - APPLICABLE LAW
The contract between UNIVERSO ONELADY and the Client and the relationship between the parties are governed by the laws of the Federative Republic of Brazil.
17 - VENUE
The Clients, in this act, elect the jurisdiction of the District of São Paulo/SP as a forum responsible for resolving any doubts and/or controversies arising from this Agreement, waiving any other, however privileged it may be.
São Paulo/SP, Oct 18th. 2021