Terms & Conditions
This site is operated by:
A Brazilian Holding Company – Moda Bird Ltda.
espiritobird.com, ESPIRITO BIRD and MODA BIRD Import & Export Ltda. Florianopolis, Santa Catarina, SC, Brazil.
Access and use of products and services available through this site are subject to the following terms, conditions and notices.
2. Your details
3. The contract between us
4. Termination of contract
5. Availability / items
6. Delivery of goods
9. Force Majeure
12. Applicable Law
13. Entire Agreement
2. YOUR DETAILS
a. When you register on the site espiritobird.com you will be required to choose a contact email and password. You are responsible for all sessions and transactions taken under these details. It is also your responsibility to keep your password secure and not disclose to anyone. If you feel that has been compromised, change your password immediately.
b. If any of your data / information changes, such as your billing address of credit card, you must inform the espiritobird.com as soon as possible. You can update your subscription in your account at espiritobird.com site and update the relevant information.
3. The contract between us
a. Any contract for purchases made on this website is to espiritobird.com, Moda Bird Import & Export Ltda.
b. For your application to be accepted and contract entered, the site espiritobird.com must receive confirmation before authorizing the payment of goods that you order, this confirmation is provided by payments companies Paypal, Google Pay or Itau etc. Once the payment is authorized, the espiritobird.com will send an email to you containing your name, order number, total price and state that the request was granted. The acceptance of your order brings into existence by espiritobird.com a legally binding contract between us on these terms. Any terms imposed by you in your order will not be part of the contract.
4. TERMINATION OF CONTRACT
If you are an individual and you are not buying goods on behalf of a business, there are certain circumstances where you may terminate the contract and these are defined here. This right of withdrawal DOES NOT apply to business buyers.
a. You may cancel your order at any time until the moment espiritobird.com warns you that your order was accepted and is being processed. You do not have to pay any fine.
b. Should the request be in the process of processing, you cannot terminate the contract, but you can return the goods to us. Our return policy is part of your contract with us and is described below in Annex A.
5. AVAILABILITY / OF ITEMS
If we cannot deliver the goods ordered by you, we will notify you as soon as possible and any amount charged by espiritobird.com to your credit card will be re-credited to your account and espiritobird.com will notify you by e-mail at the address provided by you when ordering. Reimbursement will be made as soon as possible and in any event within 48 (forty eight) hours after your order. The espiritobird.com will not be obliged to offer any additional compensation for any disappointment caused.
6. DELIVERY OF GOODS
a. espiritobird.com will send the products ordered by you to the person and address you provided to espiritobird.com the moment you ordered.
b. Delivery will be made as soon as possible after the order is accepted by the company. All delivery times quoted on the website are only estimates, based on availability, routine processing and deliveries from the logistic company.
c. You will become the owner of the goods you have ordered so that the goods are delivered to you.
d. If the final value of the product (plus taxes and freight) value exceeds the equivalent of $ 3,000.00 (according to the exchange rate on the date of purchase) the deadline for delivery may be greater than 07 (seven) working days.
7. CUSTOMS FEES
a. Our prices include import tax, local taxes and customs duties. These additional costs are not under the control of the company espiritobird.com. To know exactly the value of import duties applicable to your order online we recommend that you check with customs or with the local post office.
This is as follows:
a. If the goods delivered to you not what you ordered or are damaged or defective or an incorrect amount is delivered, espiritobird.com shall have no liability unless you notify the problem in writing and email to email@example.com within 3 days after delivery of the goods, by contacting our Customer Service team.
b. If you do not receive goods ordered within 30 (thirty) days from the date they are dispatched to you, espiritobird.com shall have no liability unless you notify the problem in writing to firstname.lastname@example.org, within 40 days from the date on which the goods were shipped to you.
c. If you report a problem to espiritobird.com through our site, communicating the lack of receiving one or more products, or the receipt of a defective product, our team will contact you to advise you on how to proceed with an exchange or return of the product, noting that the deadline to return the products to team espiritobird.com is 03 (three) working days upon receipt of merchandise, or forty (40) days from the date of purchase if you have not received them.
d. Espiritobird.com's liability is limited to refund the consumer up to 100% (one hundred percent) of the amount paid and repay in full the amount paid or charged to your card (no further compensation will be offered), and therefore, whatever problem is reported to our staff, the consumer will receive a maximum of 100% (one hundred percent) of what we paid (including shipping and taxes).
e. These "Terms and Conditions" do not limit or condition the consumer's rights that every individual holds on account of specific local regulations. So, you have the full force of the Consumer Protection Code between you and espiritobird.com and consumer products available on the site. This instrument creates only procedural rules and contractual provisions governing the legal relationship between the espiritobird.com and its customers, and does not constitute or change the rights attached to goods purchased by law.
9. FORCE MAJEURE
The espiritobird.com shall have no liability for any failure to deliver goods ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control.
If any of these conditions is unenforceable (including any provision in which espiritobird.com exclude its liability to you) the enforceability of any other part of these conditions will not be affected.
espiritobird.com has a complaints service, which is used to try to resolve disputes as soon as they arise. If you have a complaint, please contact Customer Service.
The contract between us shall be governed by and construed in accordance with Brazilian law, and Brazilian courts have jurisdiction to settle any dispute between us.
13. ENTIRE AGREEMENT
These terms and conditions, together with the current site espiritobird.com prices, delivery details and contact details set out our agreement to supply goods to you by espiritobird.com. These terms and conditions cannot be changed except in writing and signed by a director of espiritobird.com. In particular, nothing said by any sales person on behalf of espiritobird.com must be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of goods offered for sale by espiritobird.com. Espiritobird.com shall have no liability for any representation to be false or misleading.
Internet communications are protected by commercial confidentiality and privacy of information, however, is universally accepted that any damage caused to the final consumer on account of breach of privacy in information occurred for actions of third parties not identified, are not espiritobird.com’s responsibility, which uses the best market practices and provides enough technology to maintain security in the exchange of information, but cannot take responsibility for the exceptions, since the virtual environment is open to all and therefore susceptible to corruption of data.
The information contained on this site may contain typographical errors and technical inaccuracies. Espirito Bird is responsible for the zeal of the information published, but is not responsible for damage to third parties on account of errors or inaccuracies, limited solely to reimburse 100% (one hundred percent) of the amount paid by the customer in cases specified in this Regulation where the inaccuracy directly affect the quality and use of the product purchased.
The espiritobird.com, Espirito Bird and Moda Bird Ltda and its directors and the entire team are not personally liable for damages arising from the use of this site, whether in data corruption, violation of financial data. This absence of liability applies to any type of damage that the user can experience with the site, material damages, moral damages, financial losses and any liens arising out the simple access to the site.
Our website may contain hyperlinks. These hyperlinks connect you to sites of other organizations that are not our responsibility. We use all our efforts in preparing our own website and the information included in what is done in good faith. However, we have no control over the information you can access through other sites. Therefore, no mention of any organization, company or individual to which our site is connected to imply any approval or warranty as to the suitability and capacity of any such organization, corporation or individual by the espiritobird.com.
All design, text, graphics and the selection or arrangement of its contents are copyright of espiritobird.com, Espirito Bird, Moda Bird Ltda, EBTV or any other copyright holders. Permission is granted to electronically copy and print copy portions of this site for the sole purpose of placing an order with espiritobird.com, or use this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those mentioned above and modification, distribution or republication) without the prior written permission is strictly prohibited by espiritobird.com, Espirito Bird and Moda Bird Ltda.
The word consists of the characters "espiritobird.com," "Espirito Bird", "MODA BIRD", “EBTV” and its logo are registered trademarks belonging to espiritobird.com. All other brands, product names and company names or logos used on this site are property of their respective owners. No permission is given by espiritobird.com regarding the use of his or any other brands, product names, logos or titles and such use may constitute a violation of the rights holder.