General Terms and Conditions of Use

1. OF THE OBJECT.

1.1. The platform aims to license the use of its website and other intellectual property assets, providing tools to assist and streamline the daily lives of its users.

1.2. The platform is characterized by the provision of buying and selling services for optical articles, as well as getting to know the products in an interactive and dynamic way.

1.3. The platform carries out the remote sale via electronic means of the following products or services: prescription glasses, sunglasses, frames, eyeglass lenses and contact lenses.

2. ACCEPTANCE.

2.1 This Term establishes obligations contracted freely and voluntarily, for an indefinite period, applicable to the use of the website, its tools and functionalities between natural or legal persons, users of the website.

2.2 By using the platform, the user fully accepts these rules and undertakes to observe them, under the risk of application of the applicable penalties. Before starting any navigation on the website, the user must check for any modifications or updates that have occurred in these terms.

2.3 Acceptance of this instrument is essential for accessing and using any services provided by the company. If you do not agree with any of the rules described herein, the user must immediately refrain from using the service covered by this instrument. If you do not agree with the provisions of this instrument, the user must not use them.

3. USER ACCESS.

3.1. All technical solutions available to the person responsible for the platform will be used to allow access to the service 24 (twenty-four) hours a day, 7 (seven) days a week. However, we may, at any time, interrupt, limit or suspend access to the website or some of its pages in order to carry out updates, content modifications or any other action deemed necessary for its proper functioning. 

3.2. We may terminate or suspend, permanently or temporarily, access to the Services without notice and liability for any reason whatsoever.

3.3. These general terms and conditions of use and purchase and sale apply to all extensions of the website on social networks or communities, both those already existing and those yet to be implemented.

4. REGISTRATION.

4.1. To obtain access to the full content and all tools and features of the Óticas Cachoeiro website, the user must create an account, with personal and/or business data, which will be stored and used for identification, to be used in accordance with the terms of personal data, privacy and, highlighting that the creation of each account presupposes express consent regarding the collection, use, storage and processing of personal or company data by Óticas Cachoeiro and/or by third parties hired by it to carry out any procedure or process related to the service, including the payment of a certain amount, processing of behavioral information, sales, etc.

4.2. When registering, the user declares that the information provided is complete, true, recent and valid, and that it is his/her sole responsibility to keep said data updated whenever there is a change in name, address or any other relevant information, as it will be through this data that the website will carry out all necessary communications.

4.3. Óticas Cachoeiro  may refuse, suspend or cancel the registration of a customer/user whenever it suspects that the information provided is false, incomplete, outdated or inaccurate or in cases indicated in applicable laws and regulations, in these Terms and Conditions or in any Website Policy, even if previously accepted.

4.4. It is the user's sole responsibility to maintain the confidentiality of the username and/or password relating to their data, which ensures individual access to the platform. The user must immediately notify Óticas Cachoeiro in the event of loss, disclosure or theft of the password or unauthorized use of registration data.

4.5. Any and all activities carried out using the password will be the user's responsibility.

4.6. The services provided on the website may only be accessed by fully capable individuals, in accordance with Brazilian law. Minors under 18 years of age who are not emancipated, and individuals who for any reason cannot express their will, who do not have full civil capacity, whether temporarily or permanently, must be duly assisted by their legal representatives, who will be civilly and criminally liable for any violation committed or false, incomplete, outdated or inaccurate statement and for compliance with the other rules contained in this instrument.

4.5. By creating the account, the user expressly declares and guarantees that he/she is fully capable and can freely exercise and enjoy the services and products.

4.6. It will not be permitted to assign, sell, rent or transfer, in any way, the account, which is personal and non-transferable.

4.7. It is the user's responsibility to ensure that their equipment is compatible with the technical characteristics that enable the use of the platform and the services or products.

4.8. The user may, at any time, request the cancellation of his/her registration with the website. The cancellation will be carried out as quickly as possible, provided that no outstanding debts are found.

4.9. By accepting the Terms and Privacy Policy, the user expressly authorizes the platform to collect, use, store, process, transfer or utilize information derived from the use of the services, the website and any platforms, including all information filled in by the user when registering or updating their registration, in addition to others expressly described in the Privacy Policy that must be authorized by the user.

5. SERVICES OR PRODUCTS.

5.1. The platform may make available to the user a specific set of features and tools to optimize the use of services and products.

5.2. On the platform, the services or products offered are described and presented with the highest degree of accuracy, containing information about their characteristics, qualities, quantities, composition, price, guarantee, expiration dates and origin, among other data, as well as the risks they present to the user's health and safety.

5.3. Before finalizing the purchase of a given product or service, the user must be informed about its specifications and its intended use. The delivery of services or products purchased on the platform will be informed at the time of finalizing the purchase.

5.4. Offers will be made available on the website at the convenience of Óticas Cachoeiro and may be concluded before the deadline if it is not possible to continue due to unforeseeable circumstances or force majeure.

6. PRICES.

6.1. The platform reserves the right to unilaterally readjust, at any time, the values ​​of services or products without prior consultation or consent from the user.

6.2. The values ​​applied are those in force at the time of the order.

6.3. Prices are indicated in reais and do not include possible credit card fees, payment slips, delivery fees, freight, among others, which are specified separately and are informed to the user before finalizing the order.

6.4. When purchasing a specific product, the platform may request the user's financial information, such as CPF, billing address and card details. By entering such data, the user agrees to be charged, according to the payment method chosen, at the prices then in effect and informed at the time of purchase. Such financial data may be stored to facilitate future access and purchase if the user agrees.

7.  PAYMENT METHODS

7.1. Credit Card

a) Automatic financial approval or within 2 business days.

b) Payment in up to 6 interest-free installments, with no minimum installment amount.

c) By choosing “Save data for Future Purchases”, your credit card data will be saved in a secure environment, following international PCI DSS standards and ensuring the integrity of the stored information. By agreeing, you skip the step of filling in payment data, which will be replicated in future purchases with your authorization.

7.2 Ticket

a) Financial approval between 1 and 3 business days after payment, depending on bank clearance.

b) The bank slip is valid for payment for 3 calendar days after the date of issue. Orders with slips not paid by the due date will be canceled as soon as possible. If you need a slip with an updated due date, redo the order on the website. Payments of expired slips will not be automatically approved, and the customer must contact our Customer Service Center. **We do not guarantee product availability after an order is canceled due to lack of proof of payment.

7.3 Exchange Voucher

a) Orders placed with Exchange Vouchers may be cancelled if it is proven that the customer is not entitled to the credit used, considering that all exchange vouchers offered by Óticas Cachoeiro are valid for 365 days. After this period, it will not be possible to use this credit or request a refund.

8. EXCHANGE AND RETURN.

8.1. The platform's exchange and return policy is governed by the Consumer Protection Code (Law No. 8,078 /90).   

8.2. The exchange and/or return of the product may occur due to:

a) right of withdrawal;

b) product defect.

8.3. In case of regret, the user may return the product within 7 (seven) days after receipt, by contacting the after-sales department, in accordance with the Consumer Protection Code (Law No. 8,078 /90).   

8.4. In the event of a product defect, defects in quality or quantity that make the product unfit or inadequate for its intended use or that reduce its value must be verified. Furthermore, products or services that differ from the information provided on the platform at the time of purchase or on the packaging may be exchanged or returned, respecting any variations resulting from their nature.

8.5. The user must contact the after-sales department as soon as the defect is discovered. If, within a maximum period of 30 (thirty) days, it is not possible to resolve the defect or, regardless of this period, the replacement of the defective parts could compromise the quality or characteristics of the product or service, reduce its value or if it is an essential product or service, the user may choose to replace the product with another of the same type or to have the service performed again, to have the amounts paid refunded or to have the price reduced proportionally.

9. SUPPORT.

9.1. In case of any questions, suggestions or problems with the use of the platform, the user may contact support via email: atendimento@oticasrx.com.br

9.2. These user support services will be available on the following days and times: Monday to Friday from 8 am to 6 pm.

10. RESPONSIBILITIES.

10.1. It is the user's responsibility to:

a) technical or operational defects or flaws originating in the user's own system;

b) the correct use of the platform, and its services or products offered, valuing good coexistence, respect and cordiality between users and the publisher.

c) compliance with and respect for the set of rules set out in these General Terms and Conditions of Use, in the respective Privacy Policy and in national and international legislation;

d) for the protection of access data to your account/profile (login and password).

10.2. It is the responsibility of the platform owner:

a) indicate the characteristics of the service or product;

b) defects and faults found in the service or product offered, provided that the cause was given;

c) the information that was disclosed by the user, with comments or information disclosed by users being the sole responsibility of the users themselves;

10.3. The Platform Owner shall not be liable for:

a) the intrinsic characteristics of the internet, mainly relating to the reliability and origin of the information circulating on this network;

b) for illegal content or activities carried out through its platform, without your consent.

c) to the maximum extent permitted by applicable law, for any damages including, without limitation, damages for loss of data or lost profits or due to business interruption or other intangible losses, arising out of the use or inability to use the platform.

d) to the maximum extent permitted by applicable law, Óticas Cachoeiro and its suppliers assume no liability for any errors or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and for any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

11. EXTERNAL LINKS.

11.1. Óticas Cachoeiro is not responsible for external links redirecting the user to other internet pages, over which we have no control. Despite the prior and regular checks carried out by the publisher, it is exempt from any responsibility for the content found on these sites and the services offered by them.

11.2. Access to websites linked to such links is not governed by these Terms and Conditions of Use and is not protected by the Policies. Óticas Cachoeiro recommends that the user consult the terms and conditions of use established by each website linked to the links inserted on the website.

11.3 Óticas Cachoeiro will not be responsible, directly or indirectly, for any damages or losses caused by or related to the use of any information, content, goods or services made available on the website or on any third-party website accessed through the links made available on the platform.

11.4. The inclusion of pages that disseminate any type of illicit, violent, pornographic, xenophobic, discriminatory or offensive information will not be authorized and we are not responsible if such information is contained in the external links available on the website.

12.  COPYRIGHT . USE OF THE LICENSE.

12.1. These Terms of Use grant users a non-exclusive, non-transferable and non-sublicensable license to access and make use of the platform and the services and products made available by it.

12.2. The structure of the website or application, the brands, logos, trade names, layouts, graphics and interface design, images, illustrations, photographs, presentations, videos, written and sound and audio content, computer programs, databases, transmission files and any other information and intellectual property rights of the Óticas Cachoeiro group , in compliance with the terms of the Industrial Property Law (Law No. 9,279 /96), Copyright Law (Law No. 9,610 /98) and Software Law (Law No. 9,609 /98), are duly reserved.         

12.3. These Terms of Use do not grant or transfer any rights to the user, so that access does not generate any intellectual property rights to the user, except for the limited license granted herein.

12.4. The user's use of the platform is personal, individual and non-transferable, and the following are prohibited:

a) modify or copy the materials;

b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

c) attempt to decompile or reverse engineer any software contained on the RADIO MEMORY website;

d) remove any copyright or other proprietary notations from the materials; or

e) transfer the materials to another person or 'mirror' the materials on any other server.

12.5. This license will automatically terminate if you violate any of these restrictions or may be terminated at any time. Upon terminating your viewing on the platform or upon termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format. Such uses will constitute a violation of the intellectual property rights of the Óticas Cachoeiro group , punishable under the applicable legislation.

13. SANCTIONS.

13.1. Without prejudice to other applicable legal measures, Óticas Cachoeiro may, at any time, warn, suspend or cancel the user's account:

a) that violates any provision of this Agreement;

b) who fails to comply with their user duties;

c) who commit fraudulent or willful acts

d) whose behavior constitutes or may constitute offense or damage to third parties or the application itself.

14. TERMINATION.

14.1 Óticas Cachoeiro may terminate, at its sole discretion, the service covered by this instrument and remove any links published therein.

14.2. Óticas Cachoeiro may also terminate your access to any part or all of the services offered at any time, with or without cause or prior notice, and for any reason or motive.

15. CHANGES.

15.1. The items described in this instrument may be subject to changes, unilaterally and at any time, by Óticas Cachoeiro , to adapt or modify the services, these rules, especially to adapt them to the evolution of the website, whether by making new functionalities available, by deleting or modifying existing ones or even to comply with the evolution of current legislation.

15.2. Therefore, we invite the user to periodically consult this page to check for updates.

15.3. By using the service after any modifications, the user demonstrates his/her agreement with the new rules. If the user disagrees with any of the modifications, he/she should not use the website.

16. PROMOTIONAL CAMPAIGNS.

16.1.  By accepting these terms, you agree to receive from time to time promotional messages via email or any other contact form you may provide to us (including your telephone number for calls or text messages). If you do not wish to receive such promotional materials or notices – please simply notify us at any time.

17. PRIVACY POLICY

17.1. In addition to this Term, the user must consent to the provisions contained in the respective Privacy Policy, which forms an integral part thereof, to be presented to all interested parties within the platform interface.

18. OF THE JURISDICTION.

18.1. Brazilian law will be fully applied to resolve disputes arising from this instrument.

18.2. Any disputes must be filed with the court of the district where the company's headquarters are located.