Terms & Conditions
Essa é uma tradução extensa e detalhada. Lembre-se que, para documentos legais como Termos e Condições, o ideal é sempre buscar a revisão de um profissional jurídico especializado em direito internacional para garantir a conformidade legal nos EUA.
Seguindo sua instrução de optar pelas opções mais comuns nos Estados Unidos, aqui está a tradução focada em termos americanos:
Terms and Conditions of Sale and Use (TCSU) – Healvia
OVERVIEW
This website is operated by Healvia ("we," "us," "our"). Healvia makes this website, along with all the information, tools, and services offered here, available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here, including these Terms and Conditions of Sale and Use ("TCSU") and those referenced herein or accessible by hyperlink.
By visiting this site and/or purchasing our products, you engage in our Service and agree to be bound by these TCSU. These Terms apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/or content contributors.
Please read these TCSU carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Any new features or tools which are added to the current store shall also be subject to the TCSU. We reserve the right to update, change, or replace any part of these TCSU at any time by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform.
ARTICLE 1 – ONLINE STORE TERMS
By agreeing to these TCSU, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products or services for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted over various networks and adapted to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission from us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The material on this site is provided for general information only. We do not guarantee that the information on this site is accurate, complete, or current, and reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. It is your responsibility to monitor changes to our site.
ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display the colors and images of our products as accurately as possible, but we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction, limit the quantities of any products or services that we offer, change product descriptions or pricing, or discontinue any product at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us, and may limit or cancel quantities purchased per person, per household, or per order (including orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address). In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You also agree to promptly update your account and other information (including your email address, shipping address, and credit card numbers and expiration dates) so that we can complete your transactions and contact you as needed. Please also review our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Any new services and/or features offered in the future shall also be subject to these TCSU.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully before you engage in any transaction.
ARTICLE 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit specific submissions (e.g., contest entries) or if you send creative ideas, suggestions, proposals, plans, or other materials (collectively, "comments"), whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these TCSU. You warrant that your comments will not violate any right of any third-party and will not contain malware. You are solely responsible for any comments you make and their accuracy.
ARTICLE 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy (please refer to the dedicated page).
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law.
ARTICLE 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the TCSU, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others without authorization; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free, or that the results that may be obtained from the use of the service will be accurate or reliable. The service and all products and services delivered to you through the service are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. To the maximum extent permitted by applicable law, in no case shall Healvia (including our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Healvia and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these TCSU or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these TCSU is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TCSU. Such determination shall not affect the validity and enforceability of any other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. You may terminate these TCSU at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these TCSU, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
These TCSU and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals. Any ambiguities in the interpretation of these TCSU shall not be construed against the drafting party.
ARTICLE 18 – GOVERNING LAW
These TCSU and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with French law. (Note: While the US term is "Governing Law," the law specified here is French law, as per the original document.)
ARTICLE 19 – CHANGES TO TERMS OF SERVICE
The most current version of the TCSU is available on this page. We reserve the right to update, change, or replace any part of these TCSU by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes to these TCSU constitutes acceptance of those changes.
ARTICLE 20 – CONTACT INFORMATION
Questions about the TCSU should be sent to us at support@healvia.fr.
ARTICLE 21 – RIGHT OF WITHDRAWAL
The Buyer has a period of 30 days from the delivery date to return the Product for exchange or refund, excluding return shipping costs, which shall remain the responsibility of the Buyer. To exercise this right, the Buyer must notify their decision by email to support@healvia.fr (or via the online withdrawal form, if applicable). Returns must be made in the original and complete condition (packaging, accessories, instructions) as soon as possible and no later than 14 days after communicating the decision to withdraw. Any damage during the return is the responsibility of the Buyer and may prevent the exercise of the right of withdrawal. Subject to compliance with these conditions, the Seller shall refund all amounts paid, including standard delivery costs, upon receipt of the returned goods or upon presentation of proof of shipment. The refund will be made using the same payment method, unless otherwise agreed at no cost to the Buyer. Legal exceptions (Art. L.221-28 C. conso. - French Consumer Code): the right of withdrawal does not apply, notably, to services fully executed with the Buyer's prior consent, personalized goods, perishable goods, sealed goods unsealed after delivery for hygiene or health reasons, goods inseparably mixed after delivery, digital content not supplied on a tangible medium where the performance has begun with the express consent of the consumer and their acknowledgment that they will lose their right of withdrawal, etc.
ARTICLE 22 – DISPUTES / MEDIATION
In the event of a dispute, the Buyer must first contact our Customer Service at support@healvia.fr. If a solution is not found within two months, the Buyer may refer the matter to the mediation entity SAS CNPM – MÉDIATION – CONSOMMATION: Website: http://cnpm-mediation-consommation.eu Address: 27, avenue de la Libération – 42400 SAINT-CHAMOND. Failing an amicable agreement, the competent court shall be that of the defendant's domicile or the place of effective delivery of the Product.
ARTICLE 23 – LEGAL WARRANTIES
Products benefit from the legal warranty of conformity and the warranty against hidden defects. Any claim/request for exchange or refund must be made within 30 days following delivery. Products must be returned in the received condition, complete (accessories, packaging, instructions) and accompanied by the invoice. Legal warranty of conformity (C. conso. art. L.217-4 et seq. - French Consumer Code): valid for 2 years from delivery; choice between repair/replacement (subject to cost conditions, art. L.217-9); presumption of the existence of the defect during the first 24 months. The legal warranty of conformity applies independently of any commercial warranty. Hidden defects (C. civ. art. 1641 et seq. - French Civil Code): action must be brought within 2 years of the discovery of the defect; possibility of rescission of the sale or reduction of the price (art. 1644 C. civ.).
HOSTING / SHOPIFY – REMINDER
Our store is hosted on Shopify Inc. Data is stored on secure servers protected by firewalls. Direct payment gateways adhere to the PCI-DSS standard. For more information, please refer to Shopify's legal pages.
Contact
Healvia – Customer Service Email: support@healvia.fr