These Graffiti Beasts Terms and Conditions consist of the following sections in this document: 1. Introduction; 2. The Purchase Terms; 3. Use of the Website and 4. Miscellaneous, as well as the terms and conditions dealing with specific matters in any policy or document to which a link access is provided herein.
www.graffitibeasts.com (the "Website") is owned by and/or operated by or on behalf of Graffiti Beasts, lda.
If you place an order through this Website, upon confirmation that such order is accepted a sales contract will be executed between you and us, which will be governed by these graffiti beasts Terms and Conditions and specifically by the Purchase Terms mentioned below.
2. Purchase Terms
Please read these Purchase Terms carefully before ordering Products online from the graffiti beasts Website. Please, note that these Purchase Terms include the terms contained in those pages to which a link is provided within these Purchase Terms.
2.1 When do these Purchase Terms apply?
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by graffiti beasts. In other words, you agree to these Purchase Terms, when you (i) order anything from the Website or (ii) at any web page directly connected to the Website or when you accept an offer from graffiti beasts. It is only possible to deviate from these Purchase Terms if agreed in writing by graffiti beasts.
Graffiti Beasts has different types of products. This may include products completely designed by graffiti beasts, meaning fully designed and created by graffiti beasts (“Standards Products”)
2.3 Requirements to conclude a contract with graffiti beasts
You have to be 16 years of age or older to buy Products via the Website.
You can only order on the Website if you are a consumer, not a reseller.
You guarantee that the information you provide to graffiti beasts in the request or order is accurate and complete.
2.4 How is a contract concluded with you?
2.4.1 Formation of contract related to Standard Products
All information on the Website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
graffiti beasts is entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If graffiti beasts does not confirm acceptance of your order within ten working days, it is deemed to have been refused.
All orders submitted by you are subject to acceptance by graffiti beasts. We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale of the Standard Products between you and graffiti beasts will not take place unless and until either:
2.5 Retention of title
All Products will remain the property of graffiti beasts until you have paid all amounts owing to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
2.6 Quality and maintenance of Products
Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. Graffiti beasts is not liable for these variations and deviations.
Graffiti beasts draws your attention to the washing and maintenance instructions printed on the labels of the Products. Graffiti beasts is not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
2.7 Cancelling your order
Because we start to process your orders as soon as it is submitted, it is not possible to cancel your order
The stated prices include VAT. Prices are quoted in US Dolars (USD). Graffiti beasts reserves the right to make price changes prior to an order placed by you.
Graffiti beasts reserves the right to change, limit or terminate any special offers or discounts at any time.
Graffiti beasts charge delivery costs. The delivery costs vary for each Product and type of delivery. These costs will, if applicable, be charged separately,itemised and added up with the total amount of the order.
2.9 Methods of payment
Please check the Website for information on available payment methods.
Graffiti beasts reserves the right to conduct an individual credit check for each order depending on the results of this check, graffiti beasts reserves the right to refuse certain methods of payment.
Where we elect, or are required by applicable law, to issue or make available an invoice, graffiti beasts reserves the right to issue or make available electronic invoices and you agree to such form of invoicing.
2.12 Returns of Products
If you are not fully satisfied with your Standard Products, you have the right to withdraw from the sales contract. In other words, you have the right to return the Standard Products as indicated below, and we will ensure that you obtain a refund. Simply follow the guidelines explained in the following section:
Subject to the provisions of these Purchase Terms, you may return the Standard Products received without specifying any reasons within 30 calendar days from the day you receive the Standard Product. If you would like to withdraw from the sales contract with graffiti beasts, you simply return the Standard Products to us.
If the return falls outside of this period, or the item is worn beyond normal use, damaged or not in its original packaging, graffiti beasts cannot accept the returned items and cannot give a refund. Clothing returns can only be accepted if the original label or hangtag has not been removed.
Please follow the instructions on your packing slip. All return packages must be shipped using some form of traceable shipment. We do not accept responsibility or liability for misdirected or lost shipments. The Products, unused and complete, including their original packaging insofar as reasonably possible, must be returned to:
Rua Padre Telemaco, 244 apt.203
Rio de Janeiro
In the event of a valid return in accordance with these Purchase Terms, graffiti beasts will reimburse the purchase price and the delivery costs (in case of completely returned orders) received from you, within fourteen days after receipt by graffiti beasts of a notification that you wish to exercise your right of withdrawal. This is provided however, that graffiti beasts only becomes obliged to reimburse you after we have taken physical receipt of the returned Products.
The length of time your return is in transit is beyond our control; although once we do receive your return we will process it as quickly as reasonably possible. We therefore need to allow at least fourteen days to receive and to process your return. Although graffiti beasts will refund the money within approximately 2 days after processing your return, your bank or credit card company may require additional time to process your refund and for it to reach your account. We'll notify you via e-mail once we've received and processed the returned Product(s). We'll refund the value of the Product(s) total. Refunds will be given in the same form of payment as the original purchase.
If a Standard Product is returned and graffiti beasts believes that it has been damaged because of an act or omission for which you are to blame, or which is otherwise for your expense and risk, graffiti beasts will be entitled to deduct the decrease in value of the returned Product as a result of this damage from the amount to be repaid to you. You can avoid the obligation to compensate the decrease in value of a Product caused by use by not using the Product and by refraining (as far as reasonably possible) from any actions that could negatively affect its value.
2.14 Return guidelines. Return instructions for Standard Products:
To return a Product, please, follow the instructions below:
2.16 Exchange policy
Graffiti beasts does not exchange Products. If you wish to exchange a Product, you will need to return your purchase for refund and place a new order. It is only possible to get a refund on returns when the return is in line with our return policy.
2.17 Damaged or defective Products
For graffiti beasts, quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. graffiti beasts has a legal obligation to make sure that our Products are conform to the sales contract.
Returned Products are inspected by the graffiti beasts Quality Assurance Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.
If the problem was caused by reasons other than materials quality or assembly process, the original product is returned to you. We do not refund Products:
Please note the life expectancy of any graffiti beasts Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Our Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.
Our Customer Service team is available to assist you. Please don't hesitate to contact us with your questions and comments by email to us: email@example.com
3. Use of the website
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any graffiti beasts content on social media websites, including without limit Facebook and Twitter (together: the “Website”). These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.
3.1 Content on the Website
All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by graffiti beasts, its affiliated companies, its licensors or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with graffiti beasts, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of graffiti beasts, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
3.2 Copyright and trademarks
The copyright in all Content is and remains owned by graffiti beasts, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorised to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of graffiti beasts. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.
All trademarks, service marks, logos and trade names which appear on products of graffiti beasts, product packaging and/or on the Website, whether registered or not (including but not limited to: the word mark "graffiti beasts", "the graffiti beasts logo" (the “Trade Marks”) remain the exclusive property of graffiti beasts, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without graffiti beasts ' prior written consent. The use of any of the Trade Marks on any other Website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between the Website and any other internet websites, is prohibited without the express written consent of graffiti beasts.
3.3 Disclaimer of warranties
The Website and the Content are free of charge and provided 'as is' and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice.
graffiti beasts does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, graffiti beasts will not provide for specific IT infrastructure or connectivity. Thus graffiti beasts cannot represent or warrant the Website will be uninterrupted or error free. graffiti beasts does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
3.4 Limitation of liability
Your use of the Website is at your own risk. Neither graffiti beasts, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the products or otherwise arising out of or in connection with these Use of Website Terms and Conditions, even if graffiti beasts has been advised of the possibility of any such damages.
3.5 Links to third parties
3.6 Misuse of the Website
You are prohibited from using the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. graffiti beasts may deny you access to the Website at any time in its sole discretion, and which shall include situations where graffiti beasts believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.
You are also prohibited from using the Website to advertise or perform any commercial solicitation.
3.7 User generated content
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, graffiti beasts shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that graffiti beasts only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. graffiti beasts shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall graffiti beasts be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of graffiti beasts. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep graffiti beasts and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by graffiti beasts or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website.
graffiti beasts reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which graffiti beasts believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to graffiti beasts.
You agree to promptly notify graffiti beasts in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to graffiti beasts sufficient information to enable graffiti beasts to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. graffiti beasts agrees to make good faith efforts to investigate such complaint and shall take such action as graffiti beasts in its sole discretion decides. However, graffiti beasts does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
3.8 Unsolicited ideas
Graffiti beasts maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to graffiti beasts business (including without limit footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to graffiti beasts. You should therefore not post any Materials on the Website or send these to graffiti beasts by e-mail or otherwise.
4.1 How can you contact us?
If you have any questions or comments about the Website or the graffiti beasts Terms and Conditions or in the unlikely event that you wish to make a complaint please don't hesitate to contact our Customer Service by email to firstname.lastname@example.org
Alternative, you may also write to us using the following address:
Rua Padre Telemaco, 244 apt.203
Rio de Janeiro
In case of contradiction between graffiti beasts Terms and Conditions and any content contained in other parts of the Website or in links, graffiti beasts Terms and Conditions contained in this document prevail.
4.3 Amendments to the graffiti beasts Terms and Conditions
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this Website as well as any purchase agreement executed between you and us, will be subject to the version of the graffiti beasts Terms and Conditions in force at the time you place the order through this Website or the day you browse this Website (as applicable).
Please check the graffiti beasts Terms and Conditions periodically for changes.
4.4 Data protection
By placing a purchase order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement.
Each provision of the graffiti beasts Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these graffiti beasts Terms and Conditions.
4.6 Sub-contracting and assignment
graffiti beasts reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under graffiti beasts terms and conditions provided that your rights under graffiti beasts terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the graffiti beasts terms and conditions without our consent in writing.
4.7 Events beyond reasonable control
graffiti beasts will be not held responsible for any delay or failure to perform or comply with our obligations under the graffiti beasts terms and conditions when the delay or failure arises from any cause which is beyond graffiti beasts’ reasonable control.
4.8 Applicable law and jurisdiction
The graffiti beasts Terms and Conditions shall be governed by the laws of Brazil.
Brazilian law applies to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
You and graffiti beasts hereby submit to the non-exclusive jurisdiction of the Brazilian Courts.