These Terms apply to all those who use Our Site. Compliance with the rules provided herein is mandatory.
Those who do not understand or do not accept the rules provided in these Terms must stop using Our Site immediately.
Definitions
“We,” “Our,” or “Ours” refers to Mr.Ocky USA LLC (“Mr.Ocky”), a legal entity that maintains and is responsible for the page.
“Site” is the website that can be accessed from the address “https://mmrockusa.com,” including all its pages and features.
“Parties” refers to both the User and Us, indistinctly.
“Products” refers to the following products that are sold directly by Us through Our Site and that can be purchased by Users:
– Accessories;
– Shorts;
– Pants;
– Flip flops;
– Polos;
– Tank tops;
– Shorts;
– T-Shirts.
“Our Content” refers to any and all information or data published or made available directly by Us on the Site, including, among other possibilities, texts, images, videos, and audios.
“User” is the person who browses or otherwise uses Our site.
Age Restrictions
The Site should only be used by individuals over 18 years of age.
Unemancipated minors under the age of 18 may only use Our Site if they are duly assisted or represented by their parents or legal representatives.
Navigation
We undertake to use all technical solutions at our disposal so that the Site can be accessed 24 (twenty-four) hours a day, every day. However, We may, at any time, interrupt, limit, or suspend access to the Site or some of its pages or features in order to carry out updates, modifications, corrections, or any other action We deem necessary to ensure its proper functioning.
Site Management
For good management, We may, at any time:
a) Suspend, interrupt, or limit access to all or part of the Site to a specific category or to all Users;
b) Remove any information that may disrupt the operation of the Site or that conflicts with Brazilian law or international law;
c) Suspend the Site to perform updates and modifications.
Our Responsibilities
Although We do everything within Our power to keep Our Site in full and correct operation, We will be responsible for defects or flaws eventually found in the computer program that makes up Our Site and that have been caused by Us, provided that proven damage exists.
Defects or problems arising from the scope or as a result of the systems or equipment used by the User to access and use Our Site will not be Our responsibility.
We are not responsible for the uses that Users make of Our Site, and they are solely and exclusively responsible for their own actions.
We will not be responsible for any damages resulting from fortuitous events, force majeure, or those resulting from the actions of third parties.
Use of the Site
The User must use the Site’s functionalities for purposes that do not contravene the law, morality, or good customs. Specifically, they must limit themselves to using them in accordance with the objectives for which they were created.
The User may not use crawlers, robots, or any computer programs, algorithms, equipment, or automated methodologies to access, copy, read, monitor, navigate, fill out forms, or publish content on the Site.
The User may not use any automated or manual means or tools to access any content or information that has not been intentionally made available to them by Us, including information contained in sections of Our Site and information stored or trafficked within the scope of the Information Technology infrastructure used by Us, which includes equipment, networks, and servers.
The User may not violate or test the vulnerabilities of the Site’s security mechanisms or the Information Technology infrastructure used by Us.
The User may not use any of the content or information available on Our Site for the purpose of identifying other Users or other individuals, unless the content or information is lawfully disclosed for this purpose.
The User may not overload the Information Technology infrastructure that maintains the page with an excessive or unreasonable number of requests.
The User may not hide their identity or the origin of their connection, nor may they impersonate another person. In this sense, in addition to other possible behaviors, the User may not use any tools or mechanisms to manipulate or mask the origin of any message sent to Us or to Our Information Technology infrastructure through Our Site or any of its functionalities.
The User is responsible for ensuring the security of the electronic equipment and systems they use to access the page.
External Links
Our Site may contain external links that redirect the User to other internet pages over which We have no control.
Despite the regular and prior checks We perform, We disclaim any responsibility for the content found on pages and applications that can be accessed from these links.
Intellectual Property Rights on Computer Programs and Our Content
The computer programs that make up the page and Our Content made available on the page are Our property, unless expressly stated otherwise.
Our computer programs and Our Content protected by copyright may not be, in whole or in part, copied, reproduced, represented, adapted, or otherwise altered, by any means and for any purpose, without Our prior, express, and written authorization. In case of violations of Our intellectual property rights, We reserve the right to take all legal and extrajudicial measures available.
Access to the Site does not grant the User any intellectual property rights related to elements of the Site.
Products
Through the Site, We provide the customer with a catalog or an online store presenting accurately the Products sold. The Products are described and presented with the greatest degree of accuracy possible, accompanied by correct, clear, precise, conspicuous, and in Portuguese information about their characteristics, qualities, quantity, composition, price, warranty, expiration dates, and origin, among other data, as well as about the possible risks they present to the health and safety of the User who acquires them.
The Products are put up for sale until the limit of available stock.
The prices and fees related to the sale of the Products are specified in the catalog or online store.
Before finalizing the purchase of a particular Product, the User must inform themselves about its specifications and its destination. In the case of a Product acquired within the scope of offers, the User must also observe its application conditions.
The offers will be made available on the Site according to our convenience. They may be concluded before the scheduled deadline if the stock is finished and it is not possible to replenish it with Our suppliers.
Product Prices
The seller reserves the right to modify the prices of the products at any time by publishing them on the Site.
The rates in effect at the time of the order will be applied, subject to the availability of Products on that date.
Prices will be indicated in reais and will not include delivery fees, which will be specified separately and informed before the order is placed.
The total amount
of the order, including all fees, will be indicated before the final validation of the order.
Payment
Payment for the order must be made in cash or in installments through the following means:
– Credit card;
– Pix;
– Bank slip.
Product Delivery
The delivery time of the Products purchased on the Site will be informed at the time of the order, in business days. The time for delivery is calculated according to the stock, region, issuance of the invoice, and preparation of the order.
After finalizing the order, it may not be possible to change the payment method, delivery address, or delivery conditions of the Product, such as priority or advancement.
Deliveries will be made through the service provided by our own company in the parcel transportation business, specially contracted for this purpose. Immediately after dispatching the order, the customer will be informed about the responsible company, as well as its delivery policy, such as the days and times when it can be made. They will also be informed of the registration number of the order, if any, for simultaneous internet tracking.
We are not responsible for assembling or disassembling Products, nor for their transportation, after delivery to the address provided by the customer.
Right of Withdrawal
Within 7 (seven) days, counted from the date of receipt of the product or service, the customer may withdraw from the purchase and request the return of the amounts paid, without the need to present any justifications.
In this case, they must return to the seller the purchased product or service, in the same conditions as they received it.
Exchanges and Returns
The exchange and return policy of the Mr.Ocky website will be governed by the Consumer Protection Code (Federal Law No. 8,078, of September 11, 1990).
Apart from the customer’s right to withdraw, the exchange or return of products or services purchased will only be made upon verification of quality or quantity defects that make them unsuitable or inadequate for the consumption they are intended for or that decrease their value. Products or services that present discrepancies with the indications contained on the container, packaging, labeling, or advertising message may also be exchanged or returned, respecting the variations arising from their nature.
The user must notify the seller, through their customer service, as soon as they become aware of the defect in the purchased product or service. 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 may compromise the quality or characteristics of the product or service, decrease its value, or if it is an essential product or service, the customer may opt for the replacement of the product with another of the same kind or for the re-execution of the service, the return of the amount paid, or the proportional price reduction.
Protection of Personal Data
We process the personal data of Users in accordance with Federal Law No. 13,709/2018 (General Data Protection Law) and other related regulations applicable to Us. More information on this subject can be found in our Privacy Policy, which can be accessed from the link: https://mrocky.com.br/politica.
In said Policy, we identify the personal data we process and provide information on how, why, and on what legal basis we do so, as well as on how Users can exercise their rights related to the protection of their personal data and how they can contact our Personal Data Protection Officer.
Requests for changes, rectifications, or deletions of personal data to Us must be directed in accordance with that Policy.
User Service
In case of doubts, suggestions, or problems with the use of the page, the User may directly contact Our customer service, through the email address: [email protected] or by phone: (62) 9 8105 6677. These User service channels will be available on the following days and times:
– Monday to Friday, from 8 am to 6 pm.
The User may also choose to send correspondence to the address of the page’s headquarters, as indicated at the beginning of this document.
Sanctions
Without prejudice to other legal measures applicable, We may, at any time, warn, suspend, or prevent User access:
a) Who violates any of the provisions contained in this instrument;
b) Who fails to comply with their User duties;
c) Who commits fraudulent, illegal, or immoral acts;
d) Who provides any incorrect information;
e) Whose behavior constitutes or may constitute an offense or damage to third parties or to the page itself.
Changes
This version of the general terms and conditions of use was last updated on: 11/16/2021.
We reserve the right to modify, at any time and without prior notice, the Site and the services, as well as these rules, especially to adapt them to Site developments, whether by providing new functionalities or by removing or modifying existing ones.
Therefore, we invite the User to periodically check this page for updates.
Applicable Law and Venue
For the resolution of disputes arising from this instrument, Brazilian Law will be fully applied.
Any disputes must be submitted to the forum of the judicial district where the editor of the page is located.