ROSSET TÊXTIL’S TERMS AND CONDITIONS OF USE
1.1. These Terms and Conditions of Use (“Terms”) are a legally binding agreement between you (“User or You”) and Rosset & Cia Ltda., a private legal entity with headquarters at Rua Maurício de Barros, No. 121, Bom Retiro, Postal Code: 011.32-020 in the City of São Paulo, State of São Paulo, enrolled with the National Corporate Taxpayers Register (CNPJ) under No. 61.522.173/0001-64 (“Rosset Têxtil”), in regard to access to and use of the Institutional Website, emails and other services accessible and offered through the electronic address www.rosset.com.br (“Website”).
1.2. These Terms can be viewed at any time on the Website through this link and can be updated, altered or replaced periodically by Rosset Têxtil, without prior notice, unless otherwise provided for by the law. Therefore, we recommend that You reread the Terms periodically to keep up to date with the most recent version.
- Acceptance of the Terms and Conditions of Use
2.1. By using the Website, the User fully agrees to the following rules and agrees to comply with them, at the risk of being subject to the due penalties. Before browsing the Website, the User will be aware of any changes or updates made to these terms.
2.2. These Terms apply to all extensions of Rosset Têxtil’s website, all social media or communities, both in existence and yet to be implemented by Rosset Têxtil.
2.3. If Users do not agree with any rules described herein, they should immediately abstain from using the service. If You are interested, You can also contact us on +55 (11) 3226-8800, via e-mail to email@example.com, or through the “Contact” tab on the Website to settle any doubt.
3.1. The Website is dedicated to serving corporate customers (legal entities) who want to know more about the products and new lines offered by Rosset Têxtil. There, it is possible to check the types of fabric and color charts found in Rosset Têxtil’s products, besides finding articles on fabrics, clothes and trend books.
3.2. In order to use the Website, it is necessary to create an access account (“Account”), by filling out the registration form and providing the requested identification data. Access to the Website will only be granted after registration is approved by Rosset Têxtil, which has the right to refuse any registration request and cancel any previously accepted registration that is not in compliance with these Terms.
3.3. Rosset Têxtil reserves the right to use all available and possible means to verify the User’s identity, as well as to request additional data and relevant documents so as to check the personal data disclosed, in order to confirm the User’s identity and ensure more safety in transactions made through the Website.
- Access to the Account
4.1. To create the account, Users should provide the required data in full. All information provided must be accurate, true and up to date. In any case, the User is liable in the civil and criminal spheres for the veracity, accuracy and authenticity of the informed data.
4.2. Only one (1) account per CNPJ is allowed. Double accounts are automatically deactivated by the Website’s editor, without prejudice to other applicable penalties.
4.3. The User will provide a valid email address through which Rosset Têxtil will make the necessary contact. All communication sent to the address will be considered read by the User, who undertakes to regularly consult received messages and responding to them in a timely manner, whenever applicable.
4.4. After filling out the information and registration confirmation, the User will have a personal login and password, which should be used to access the account. It is forbidden to assign, sell, rent or transfer the access account in any form, which is personal and non-transferable.
4.5. Rosset Têxtil may refuse to create or cancel the access account of any person who uses it fraudulently, violates or tries to violate these Terms, the Privacy Notice or any other of the company’s legal documents.
4.6. The User may, at any time and without justification, request the cancelation of registration with Rosset Têxtil.
4.7. In order to ensure the User’s security, it is not advisable to use weak passwords, such as: name, numbers in sequence, car plate numbers, telephone numbers, birthdays, among others. Also, for security reasons, the User should only use computers with security resources and periodically change the password to access the Website, so as to thwart undue accesses.
- Limits of Liability
5.1. By agreeing to these Terms, the User commits to: (i) using the Website responsibly and in good faith, within the limits established in these Terms; (ii) maintaining access credentials in secret and meeting the safety measures recommended in these Terms; and (iii) maintaining the contact information, the legal entity’s data and personal data up to date and correct.
5.2. The following are strictly forbidden, under penalty of Account suspension or cancelation, or complete impediment to access the Website: changing, erasing, sabotaging or in any way violating, or helping, encouraging or making it easier for third parties to violate the Website, its web components or the underlying connected service, if there are any; violating content protected by Rosset Têxtil’s intellectual property rights, that of any of its affiliates, subcontractors or partners, or of any other partners who have authorized the use of their respective intellectual properties on the Website; not seeking, approaching or accepting the approach of third parties to use the Website or any of its components in any way, to defraud these Terms and/or violate the law, or with the intention to incite third parties to do so.
5.3. Rosset Têxtil does not guarantee that the content, the instruments and the material contained, used and offered on this Website is thoroughly up to date and complete, and it is not liable for damages caused by possible content errors or equipment failure.
5.4. Rosset Têxtil is not liable for: (i) the internet’s intrinsic characteristics, especially those regarding reliability and origin of the information circulating on the network; (ii) illegal content or activity practiced by third parties through its Website; (iii) any problems, bugs, glitches or malfunctions that occur in the User’s devices and equipment; and (iv) any direct or indirect damage caused by third party events, such as hacker attacks, system, server or connection failures, including those caused by actions of malicious software, such as viruses, Trojan horses and others that may, in any way, damage the equipment or the User’s connection as a result of accessing, using or browsing the Website, as well as transfer of data, files, images, texts, audios or videos contained on it.
5.5. Rosset Têxtil is not liable, either expressly or implicitly, for improper use of the information, instruments and materials made available and/or equipment used, for whichever means, by any User. Any violation of their own rights or that of third parties’ is the Users’ sole responsibility, whether or not they were caused by said improper use.
5.6. Under no circumstances will Rosset Têxtil, its employees or associates be liable for any direct or indirect, special, incidental or consequential damage, losses or expenses arising from any connection failure, Website alteration, suspension or interruption, or in regard to any performance failure, error, omission, interruption, defect or delay in the operation or transmission, computer virus or line/system failure; adequate provision of all Internet resources, without exception, is the Website User’s sole responsibility.
5.7. Rosset Têxtil is also not liable for external links and content from other Websites whose address is available on this Website’s pages, or where this website address is available.
5.8. The User is also liable for:
- a) the correct use of the Website and its services,
- b) maintaining secrecy from third parties on their access account data, not making available, disclosing or sharing their password with whomever it may be, under penalty of exclusion of the access account, besides the need to compensate for damages arising from the undue disclosure. In case the User suspects their password confidentiality has been breached, they should change or update it as soon as possible and, if unable to access the internet to obtain support, they should seek assistance on one of our available channels; and
- c) compliance with the rules in this instrument, as well as national and international norms and laws.
5.9. Rosset Têxtil is only liable for defects and flaws found in the services provided by the Website, provided it has given cause, and for the information that was directly disclosed by it.
- Intellectual Property
6.1. The Website’s structure, as well as texts, graphics, images, photos, sounds, videos and other computer applications that comprise it are Rosset Têxtil’s property and are protected by Brazilian and international legislation regarding intellectual property.
6.2. Any representation, reproduction, adaptation or exploitation, in part or in full, of contents, brands and services proposed by the Website, by any means whatsoever, without prior, explicit and written authorization by Rosset Têxtil is strictly forbidden, their breach being liable to civil and penal consequences. Only elements that are explicitly marked on the Website as copyright-free are excluded from this provision.
6.3. Access does not transfer to the User any intellectual property right to Website elements, which are the exclusive property of Rosset Têxtil.
6.4. In case of breach of intellectual property, Rosset Têxtil reserves the right to take the appropriate measures against those liable for reparation.
6.5. Any notifications on breach of intellectual property can be communicated on +55 (11) 3226-8800, via e-mail to firstname.lastname@example.org, or through the “Contact” tab on the Website.
- Privacy and Data Protection
7.1. By using the Services through the Website, the User provides various data, which may include personal data. Rosset Têxtil is committed to ensuring confidentiality and security of your information, which is why it prepared a Privacy Notice, made available for Users at www.rosset.com.br.
7.2. The Privacy Notice is an integral part of these Terms, both of which should be interpreted and applied together; however, the former should prevail in matters of personal data processing and protection.
- General Provisions
8.1. Access to the Website is free of charge, however, Rosset Têxtil may, at any time and at its sole discretion, create exclusive access areas that demand payment for usage.
8.2. The Website may be discontinued by Rosset Têxtil without the need for prior notification to the User and without any compensation arising therefrom.
8.3. Forbearance of a possible breach of any terms and conditions in this instrument does not entail novation of the obligations set forth herein, nor does it impede or hinder their enforcement at any time.
8.4. In case any provision in these Terms or in the Privacy Notice published on the Website are ruled unenforceable or null, the remainder of the documents will remain in force, without the need for any judicial measures to declare them so.
- Applicable Law and Jurisdiction
9.1. These Terms are governed by the Brazilian law, which is fully applicable to any disputes that may arise on its interpretation and execution, as well as any other dispute directly or indirectly involving the provision of the Services.
9.2. The parties hereby acknowledge the jurisdiction of the courts of the City of São Paulo (State of São Paulo – Brazil) to settle any dispute arising out of this Instrument.
- Contact Us
10.1. Thank you for reading our Terms. If you have any doubt regarding these Terms or wish to report violations of these Terms or of any provision of the Brazilian legislation found in our Websites, please contact us on +55 (11) 3226-8800, via email to email@example.com or in the “Contact” tab in our Website.
Last update: January 19, 2022