Terms & Conditions

summary 

1. Presentation and settings 

2. Site usage rules

3. Customer Registration

4. Personal data, privacy and security

5. Offer of products

6. Promotions

7. Payment

8. Price

9. Returns

10. Guarantees

11. Responsibilities

12. Links to other websites

13. Internet applications or computer viruses

14. Intellectual Property Rights

15. Communications and Call Center.

16. Duration

17. Updates to these Terms and Conditions

18. Language 

19. Miscellaneous 

20. Applicable Law and Election Forum   


1. Presentation and settings

This site is owned, maintained, and operated by Thermal Express. This document lists the terms and conditions that must be observed by Thermal Express and the Users (as defined below) in the use of the Site, its tools and its functionalities.

Thermal Express grants access to and use of the Site to any Users.

The User declares to have read and accepted these Terms and Conditions of Use and Policies before starting to use the Site. If you do not accept these Terms and Conditions of Use, you will not be allowed access to restricted areas of the Site.

For the purposes of these Terms and Conditions of Use as well as the Policies, the terms below shall have the following meanings:

Clients: Users who have completed the registration and hold an Access Account;

Purchase: Transaction through which a Customer acquires a product offered for sale on the Site, upon payment of the value of the product;

Access Account: Credential defined by the user name (login) and password of a registered visitor (Customer), personal and non-transferable, that allows access to the restricted area and the exclusive features on the Site, such as access and change of personal data, registration And cancellation of participation in courses, creation, edition and removal of wish lists, among others;

Brand: Any distinctive signs owned by and / or licensed to Thermal Express that are used in the identification of the Site, its content or service provided by Thermal Express;

Policies: The policies that complement and integrate these Terms and Conditions of Use, nominally Return Policy, Payment Policy, Licensing Policy and Privacy and Security Policy, all available on the Site;

Intellectual Property of Thermal Express: All intellectual property owned by Thermal Express, of any company belonging to its economic group, or third party, whose use is licensed and / or authorized to Thermal Express, including but not limited to By limiting to Trademarks, patents, inventions or utility models, industrial designs, know-how, business secrets, illustrations, photographs and / or contents of any screen of the Site or any intellectual works or other contents that are inserted in any intellectual work or Any property protected by intellectual property rights;

Site: The property website, maintained and operated by Thermal Express, hosted in the domain and subdomains linked to thermalexpress.com.br and all pages included therein; 

Users: Anyone accessing the Site, including anonymous visitors and Customers.


2. Site usage rules

The User agrees to use the Site respecting and observing these Terms and Conditions of Use, as well as the current legislation, customs and public order. In this way, the User agrees that he may not:

(I) infringe the rights of third parties, regardless of their nature, at any time, including during the use of the Site;

(Ii) perform acts that limit or prevent access to and use of the Site, under appropriate conditions, to other Users;

(Iii) illegally accessing the Site or third party computer systems related to the Site or to Thermal Express in any medium or form;

(Iv) disseminate computer programs or viruses that may cause damage of any kind, including Thermal Express equipment or systems or third parties;

(V) use mechanisms other than those expressly authorized or recommended on the Site to obtain information, content and services;

(Vi) perform any acts that may in any way imply any loss or damage to Thermal Express or other Users;

(Vii) access to programming areas of the Site, databases or any other set of information that escapes the public or restricted areas of the Site;

(Viii) perform or permit reverse engineering, translate, modify, change language, compile, decompile, modify, reproduce, lease, sublogar, disclose, transmit, distribute, use or otherwise dispose of the Site or the tools and functionality Made available in any form or form, including in violation of Thermal Express's rights (including Thermal Express's intellectual property rights and / or third parties' rights);

(Ix) practice or participate in any act that constitutes a violation of any right of Thermal Express (including Intellectual Property of Thermal Express and / or third parties) or any applicable law, or act in any way or means that may contribute With such violation;

(X) interfere with the security or commit improper use of the Site or any feature of the system, network or service connected or accessible through the Site, and access the Site only for lawful and authorized purposes;

(Xi) use the Thermal Express domain to create links or shortcuts to be made available in unsolicited emails (spam messages) or on third-party websites or the User's own website, or to perform any type of action that may occur. Damage to Thermal Express or third parties;

(Xii) to use automated data collection and selection applications to perform mass operations or for any purpose, or to collect and transfer any data that may be extracted from the Site for non-permitted or unlawful purposes;

(Xiii) use the tools and functionality of the Site to disseminate messages not related to the Site or to the purposes of the Site, including messages of a racist, ethnic, political, religious, cultural or derogatory, defamatory and / or libelous nature of any person or Social group

The User agrees to indemnify, defend and hold Thermal Express harmless from any claim, notification, summons or judicial or extrajudicial action, or any liability, damage, cost or expense arising from any breach and / or infringement committed by the User or any person Acting on your behalf, with your consent or tolerance, in relation to the Site (including any provision of these Terms and Conditions of Use), including any person who has obtained User data relating to your Access Account or your browsing in the website.

Thermal Express may, in its sole discretion, block, restrict, disable or prevent any User access to the Site, in whole or in part, without prior notice, whenever an inappropriate conduct of the User is detected, without prejudice to administrative measures, Extrajudicial and judicial decisions it deems appropriate.


3. Customer Registration

In order to gain access to the complete content and all the tools and functionality of the Site, including the possibility of making Purchases, the User must create an Account with personal data, which will be stored and used to identify the Purchases, to be used under the terms of Privacy and Security Policy, it being understood that the creation of each Account presupposes the express consent to the collection, use, storage and processing of personal data by Thermal Express and / or third parties contracted by Thermal Express to carry out any procedure or process related to the Purchases , Including payment processing, deliveries, returns etc.

Each Client is allowed to create only one Access Account and Thermal Express reserves the right to suspend or cancel any Access Accounts in duplicate. By completing your Access Account, the Client declares that the information provided is complete, true, current and accurate, and it is your responsibility to update your Account Information whenever there is a change of name, address or any other relevant information. Thermal Express may refuse, suspend or terminate a Customer's Access Account whenever it suspects that the information provided is false, incomplete, outdated or inaccurate or in the cases indicated in the applicable laws and regulations, these Terms and Conditions or any Policy Of the Site, even if previously accepted. The Customer, at the time of creation of his Access Account, will determine his username and password to access. It is the sole responsibility of the Customer to maintain the confidentiality of the user name and / or the access password related to his / her Access Account, and the Client shall immediately communicate to Thermal Express in case of loss, disclosure or theft of the password or even of use Unauthorized use of your Account.

Minors (under the age of 18) may not use the Site unless they are represented and / or assisted by their parents or legal guardians and authorized by them at the time of creation of the Account. The execution of an Account on behalf of a minor presupposes the representation of this minor by a person over the age of 18, who shall be held civilly and criminally liable for any Purchase made, violation committed or false, incomplete, outdated or inaccurate statement provided by the minor 18 years.


4. Personal data, privacy and security

Thermal Express has a specific policy to regulate the collection, storage and use of personal data, as well as its security: Privacy and Security Policy. This specific policy integrates these Terms and Conditions of Use inseparably, noting that the usage data of the Site will be archived in accordance with the legislation in force.


5. Offer of products

Thermal Express will make available on the Site, for each product, a descriptive page, which will contain information regarding its characteristics, responsible developer, conditions of payment and total cash price. 


6. Promotions

Realization: Thermal Express may at any time, for purely commercial reasons and in its sole discretion, create and maintain promotional campaigns, offering certain products at prices lower than those usually applied or with the incidence of discounts.

Conditions: Promotions will not be cumulative and may be limited:

(I) to a certain quantity of products on sale;

(Ii) for a certain period of time;

(Iii) acceptance of special conditions, such as the impossibility of exchanging the product.

The terms of validity of the promotions will be clearly publicized by all means of dissemination of the promotions and Thermal Express recommends its careful reading by the User.

In case of any doubts, the User may contact the Thermal Express Customer Service Center at the number indicated at the top of the website.

Exchanges. In case of exchanges (when authorized by the conditions of the promotion) or returns of products purchased on the Site for promotional values ​​or conditions, it will be considered as the purchase value that is actually paid by the Client, being discarded for this purpose the amount originally charged for the product in question .


7. Payments

Thermal Express has a specific policy to regulate the means of payment of Purchases: Payment Policy. This specific policy integrates these Terms and Conditions of Use inseparably.


8. Price

The Site presents prices valid only for purchases finalized online.

Thermal Express reserves the right to revise, improve, modify and / or update the prices charged by the Site, according to criteria of necessity, convenience or fluctuations of the market, without prior communication.

All prices and conditions posted on the Site are valid only for purchases made on the Site itself and are not applicable to any other sites.


9. Returns

Thermal Express has a specific policy to regulate the returns of products purchased by Customers on the Site: Returns Policy. 


10. Guarantees

Despite Thermal Express's best efforts to provide accurate, up-to-date, correct and complete information, the Site may contain technical errors, inconsistencies or typographical errors.

The Site, its contents, its features and tools are made available by Thermal Express as they are displayed and offered on the Internet without any warranty, expressed or implied, as to the following items:

(I) service, by the Site or by its content of Users' expectations;

(Ii) continuity of access to the Site or its content;

(Iii) adequacy of the quality of the Site or its content for a particular purpose;

(Iv) the correction of defects, errors or failures in the Site or in its content.

Thermal Express reserves the right to unilaterally modify, at any time and without prior notice, the Site as well as the configuration, presentation, design, content, functionality, tools or any other element of the Site, including its cancellation.


11. Responsibilities

Thermal Express engages its best efforts to inform, service and protect the User. The User is solely responsible for the use of the Site, its tools and functionalities. In no event shall Thermal Express or its directors, agents, agents, employees, partners, partners or service providers be liable for any consequential, indirect, punitive or expiatory damages, loss of profits or other monetary damages related to any claim, lawsuit Or other procedure taken in connection with the use of the Site, its content, features and / or tools. Notwithstanding, Thermal Express's liability is excluded from, inter alia, the following:

(I) damages and damages that the User may experience due to the unavailability or partial functioning of the Site and / or all or some of its services, information, contents, functionality and / or tools, as well as for the inaccuracy or inaccuracy of any of these elements;

(Ii) damages and losses that the User may experience on internet sites accessible through links included in the Site;

(Iii) price differences between the articles made available on the Site and those exposed to the sale on other sites of any company in Thermal Express's economic group throughout the national territory;

(Iv) damages and damages that the User may experience as a result of using the Site in violation of these Terms and Conditions of Use or the Policies;

(V) damages and damages that the User may experience as a result of the use of the Site in disregard of the law, customs or public order;

(Vi) damages that the User may experience as a result of failures in the Site, including arising from system, server or network connection failures, or from malicious interactions such as viruses, software that may damage the equipment or access information Of the User's equipment;

(Vii) damages that the User may experience due to distortions that the product images may present, emphasizing the merely illustrative nature of such images; among others.

Thermal Express's liability for defective products offered for sale on the Site is detailed in the Return Policy.


12. Links to other websites

The Site may contain links to third party websites, which are entered only for the convenience of the User. The inclusion of such links does not imply any link, monitoring or liability of Thermal Express on the sites, their content or owners. Access to the sites linked to such links is not governed by these Terms and Conditions of Use and is not protected by the Policies.

Thermal Express recommends that the User consult the terms and conditions of use established by each site linked to the links inserted in the Site.

Thermal Express shall not be liable, directly or indirectly, for any damages or losses caused or related to the use of any information, content, goods or services made available on the Site or any third party site accessed through the links made available on the Site.


13. Internet applications or computer viruses

Due to technical difficulties, Internet applications or transmission problems, inaccurate or incomplete copies of the information contained in the Site may occur. Computer viruses or other harmful programs may also be downloaded inadvertently from the Site.


Thermal Express shall not be liable for any application, computer viruses or other harmful or invasive files or programs that may impair or affect the use of the computer or other Users' good due to access, use or navigation on the Site, or the download of Any material contained in it, and it is recommended to install suitable antivirus or protective applications.


14. Intellectual Property Rights

Trademarks: The User is not authorized to use, in any form or pretext, the Trademarks, their partial or complete reproductions or their imitations, regardless of the destination of such use. The User undertakes not to contest the validity of any Brand or any other distinctive sign deposited or registered by Thermal Express or any related companies, in any form, in Brazil or abroad. The User undertakes to refrain from making any use of the Trademarks or their variations (including spelling mistakes or phonetic variations) as a domain name or part of a domain name or in any company name of any kind or nature, Under any means or form, including through the creation of domain names or e-mails. All other trademarks, product names, or company names appearing on this site are the sole property of their respective owners.

Content property: All content on the Site - including the domain name thermalexpress.com, programs, databases, files, texts, photos, layouts, headings and other elements - was created, developed or assigned to Thermal Express, Is owned by Thermal Express or licensed to it and is protected by Brazilian laws and international treaties dealing with intellectual property rights.

Prohibition of use: The User, upon accessing the Site, attests that he / she will respect the existence and extension of the Intellectual Property rights of Thermal Express, as well as all rights of third parties that are used in any way on the Site or that come To be made available on the Site. Access to the Site and its regular use by the User does not confer any right or prerogative on any Intellectual Property, Brand or other content contained therein. The use, exploitation, imitation, reproduction, integral or partial, of any content without the prior written authorization of Thermal Express is prohibited. Also prohibited is the creation of any derivative works of any Intellectual Property of Thermal Express without the prior written consent of Thermal Express. The User is expressly prohibited from reproducing, distributing, modifying, displaying and creating derivative works or any other form of use of any Intellectual Property or other content of this Site and the materials posted on or through the Site. The User who violates the prohibitions contained in the intellectual property legislation and in these Terms and Conditions of Use shall be held civilly and criminally responsible for the infractions committed.Thermal Express does not grant any authorization related to the content of the Site for any purpose. The User assumes all responsibility for the improper use of any Intellectual Property or Trademarks of Thermal Express or third parties, both civil and criminal. The photos and images used on the Site may not reflect your original size or current situation of the reproduced scenario and are merely illustrative.

Content sent by the Client: By sending any content to the Site, the Client retains ownership of its rights to said content (texts, videos, images, audio, among others), giving Thermal Express a free, irrevocable, worldwide license and Not exclusive for the reproduction, modification, translation and exhibition, in any medium or form, including in the Site, also declaring that the Client owns all rights related to said content.


15. Communications and Call Center.

Thermal Express provides a Call Center to receive all communications that the User wishes to make.

The Call Center operates by means of the communication channels listed below:   

(A) E-mail from Monday to Friday from 09:00 a.m. to 6:00 p.m. on business days;

(B) In all cases, the User will receive, through the same communication channel, a confirmation of the receipt of his demand, which will be processed and answered within a maximum period of 5 (five) days.

In addition, Thermal Express provides a Frequently Asked Questions (FAQ) section on this site, as well as its policies that complement and integrate these Terms and Conditions of Use: Licensing Policy, Return Policy, Privacy Policy and Security Policy Payments. All these documents can be consulted online. Likewise, all communications that Thermal Express wishes to make to the User must be made through the e-mail registered or used by the User in any communication with Thermal Express.


16. Duration

These Terms and Conditions of Use and the Policies have an indefinite duration and will remain in force while the Site is active.

The wording applicable is that of the update immediately prior to access or Purchase.

Likewise, the access and use of the Site and the resources offered by it have, in principle, indefinite duration, at the sole discretion of Thermal Express.

Thermal Express reserves the right, however, to suspend and / or cancel, unilaterally and at any time, access to the Site or some of its parts or some of its resources, without the need for prior notice.


17. Updates to these Terms and Conditions

Thermal Express may unilaterally revise, enhance, modify and / or update at any time any provision or provision contained in these Terms and Conditions of Use or in the Policies.

The updated version will be valid for the use of the Site and for the Purchases made after its disclosure by Thermal Express.

Continued access to or use of this Site, after disclosure of any modifications, will confirm acceptance of the new Terms and Conditions of Use or new Policies by Users.

In the event that a Customer does not agree to a particular change in the Policies or the Terms and Conditions of Use, you may terminate your link with Thermal Express by requesting the exclusion of the Account by contacting our Customer Service Center. This termination will not, however, relieve you from complying with all obligations assumed under the previous versions of the Policies and the Terms and Conditions of Use.


18. Language

All legal documentation of the Site, including these Terms and Conditions of Use, has been prepared in Portuguese.

Thermal Express may, in its sole discretion, make translations of such documents available on the Site only for the convenience of the User, in its sole discretion.

The English version of these Terms and Conditions of Use and Policies is the sole consent of Thermal Express.

In case of contradiction or divergence between the Portuguese version and eventual translation into any other language, the Portuguese language version will always prevail.


19. Miscellaneous

Official time: In the purchases made by the Site, the Brasilia timetable must be considered official, including in the daylight saving time periods.

Partial Applicability: In the event that Thermal Express is unable to enforce or comply with any clause or condition contained in these Terms and Conditions of Use or in the Policies, such fact shall not constitute a waiver, tolerance or novation of this clause or condition of these Terms or any Policy. If any clause or condition contained in these Terms and Conditions of Use or in the Policies is declared unenforceable, in whole or in part, such unenforceability will not affect the other provisions of the Terms and Conditions of Use and the Policies. In this case, Thermal Express will make the necessary adjustments to reflect, as closely as possible, the terms of the provision declared unenforceable. 

Characteristics of the products: Thermal Express includes in the offer page of each product the information related to its characteristics. Before purchasing a product, the Customer should carefully read on his page the description of the use requirements and installation, as well as the indication of age range. In case of doubt, you should contact the Thermal Express Customer Service Center. 

Unforeseeable event and force majeure: Neither of the Parties shall be liable to the other party when non-compliance or late compliance with an obligation set forth in the Policies or these Terms and Conditions of Use is caused by acts of God or force majeure events, while their consequences have persisted . Principle of respect to Customers and Users. Thermal Express has as a principle of its performance in the physical and virtual environments respect for the User, always acting in accordance with the provisions of the Consumer Protection and Protection Code (Federal Law No. 8078/90), Civil Internet Framework ( Federal Law 12965/14) and of the other norms referring to the commerce of products in electronic environment.


20. Applicable Law and Election Forum

The Site is controlled, operated and administered by Thermal Express in the city of Vila Velha, State of Espirito Santo, Brazil, and can be accessed by any device connected to the Internet, regardless of its geographical location.

In view of the differences that may exist between local and national laws, upon accessing the Site, User agrees that the applicable law for the purposes of these Terms and Conditions of Use shall be that in force in the Federative Republic of Brazil.

Thermal Express and the User agree that the Central Forum Vitória, ES, Brazil, will be the only one competent to resolve any question or controversy arising out of or arising from the use of the Site, expressly renouncing any other, however privileged, Or will come to be.