Terms of use

Definitions

The purpose of this document is to establish the General Terms of Use and Privacy Policy of the Internet PORTAL BAZAR SPORTS (http://www.bazarsports.com), hereinafter named PORTAL, belonging to BAZAR SPORTS INTERMEDIAÇÃO ESPORTIVA LTDA, enrolled with the CNPJ/MF under number 20.505.069/0001-84, with its mains place of business at Avenida Jornalista Ricardo Marinho, 360/240, Barra da Tijuca - Rio de Janeiro / RJ - CEP: 22631-350, Brazil.

The acceptance of these terms and conditions is absolutely essential for the use of the PORTAL and the services provided by BAZAR SPORTS.

The USER must review and make sure that he or she has understood, and accepts all of the conditions set out in the Terms and Conditions of Use and in the Privacy Policy before registering as a USER of the PORTAL. Since this is not a mandatory CONTRACT, in the event the USER does not agree with the terms thereof, he or she shall notclick on the appropriate field on the form, thus demonstrating that the USER does not wish nor agree to use the services now offered on the BAZAR SPORTS PORTAL.

By registering on the PORTAL, the USER, freely and spontaneously, expresses his/her inconvertible agreement with all of the terms and provisions set forth herein, shown below:

In case of questions, visit the FAQ or contact one of our Client Support channels: bazarsports@bazarsports.com.br or Contact Us link on the PORTAL.

1 Institutional

1.1 About BAZAR SPORTS: Mission - To provide sports fans with the opportunity to purchase items used by professional athletes and clubs./ Vision - To become the largest global sporting auction PORTAL by 2016./ Values - Partnership, integration, commitment and solidarity.

1.2 About the BAZAR SPORTS PORTAL: designed to hold auctions of sporting goods used by professional athletes in order to give sports loving USERS the opportunity to purchase unique items that belonged to their sports idols.

2 Access Conditions

2.1 Eligibility to subscribe: the BAZAR SPORTS' services are available only to those users who are legally entitled to contract them. The USER is hereby warned of the legal sanctions of the Brazilian Civil Code, namely Art. 166 I; 171 I and 180 of Law No. 10.406/02.

2.1.1 The use of the services of the PORTAL by minors is forbidden if unaccompanied by a parent or guardian, since the registration can only be done by individuals of legal age. Therefore, only legal guardians and parents may complete the registration on the PORTAL, being aware that they will assist the minors and supervise them, and that they are responsible for all acts performed by the minors on the PORTAL.

2.1.2 Registration can only be done by using one's personal national identification number. Only one ID number is allowed per USER.

2.1.3 Corporations may register via their legal representatives, who will personally respond for the information provided.

2.2 Registration

2.2.1 Registration on the PORTAL is free and it will only be confirmed if the USER fills in all the mandatory fields, which are marked with an asterisk. The USER must complete the form with accurate, precise and truthful information, and is obligated to update the personal data on it whenever a change occurs, and the USER is deemed responsible for the information provided.

2.2.2 The part of the USER's profile containing non-mandatory information, i.e. without an asterisk, can be completed at any time. A complete profile is important for BAZAR SPORTS to be able to offer the most appropriate services according to the USER's profile.

2.2.3 The BAZAR SPORTS PORTAL is not responsible for the accuracy and update of the personal data entered on the portal by the USER. The USER is legally responsible for the truthfulness, accuracy and authenticity of the personal data registered, bearing any legal issues and fees involving the non-compliance with this clause.

2.2.4 The USER will access his/her account by typing his/her login and password and he/she agrees not to report such data to third parties, fully taking responsibility for the use that is made of them.

2.2.5 The USER will be solely responsible for the transactions made on his/her account, since the access to it is only possible by typing a password, which should only be known by the USER.

2.2.6 BAZAR SPORTS reserves the right to refuse any application for registration and cancel a previously accepted registration provided that it is not in accordance with the policies and regulations herein.

2.2.7 The registered USER can see the products/services available on the PORTAL without being obliged to BID and may request the termination or cancellation of his/her registration at any time without prior notice.

2.2.8 The USER authorizes BAZAR SPORTS to carry out all necessary checks allowed by law regarding the data provided on the registration form, as well as the information about the financial probity of the USER before the banking agencies and credit protection.

2.2.9 The USER authorizes the tracking of his/her IP address or the use of other means of digital control with the sole and specific purpose of giving more reliability and security to the transactions occurring on the PORTAL, as well as to allow the verification of authenticity of the USER.

2.2.10 In the case of false personal data or unauthorized data used by third parties, any kind of fraud and/or misuse of access to the PORTAL, BAZAR SPORTS reserves the right to cancel or terminate the registration of the USER and initiate the appropriate legal action without that generating any claim or right to indemnification by the USER.

2.2.11 The Nickname that the User uses on the Bazar Sports Portal may not bear any resemblance to the name Bazar Sports, its brands and domain names, or to any other proprietary item.

2.2.12 At Bazar Sports' sole discretion, Nicknames deemed offensive, as well as those containing the User's personal data or making reference or containing any electronic address or URL will be deleted.

2.2.13 Bazar Sports reserves the right to refuse any application for registration and to suspend a previously accepted registrationon the Portal which is in disagreement with the policies and regulations of these General Terms and Conditions.

2.2.14 Bazaar Sports also reserves the right to refuse any Bid and to cancel any previously accepted a Bid which is in disagreement with the policies and regulations herein.

2.2.15 All information and personal data provided by the USER will be stored on servers or high security magnetic means. BAZAR SPORTS shall take all necessary measures in its power to maintain the confidentiality and security described in this clause.

2.2.16 BAZAR SPORTS states that all processes in which personal user data are moved and payment methods are conducted are in a secure and encrypted environment with high-technology data protection.

3 Items Displayed and Method of Sale

3.1 Auction: Based on traditional auctions, an item is advertised on the PORTAL to be auctioned within a predetermined period of time and with a minimum bid. The USER registered on the site can enter the value of his/her bids on the PORTAL until the timeout. The USER who gives the highest bid by the timeout gets the item. This USER must make the payment via the intermediary payment system within 48 hours from the end of the auction. If the USER does not make the payment within that time, Bazar Sports reserves the right to contact the USER to check what happened or, in extreme cases, it reserves the right to proceed in on of the following ways:

3.1.1 Block the profile of the USER who has not paid his/her bid, contact USER who made the second highest bid and offer the item by amount proposed by the second highest bidder. Should the second highest bidder have no interest in the item anymore, the third highest bidder will be contacted and so on until a USER who has made a bid shows interest and purchases the item by making the payment.

3.1.2 Blocking the profile of the USER who has not paid the bid, cancel the auction or hold a new auction of the same item.

3.2 In the final minutes of certain auctions, BAZAR SPORTS reserves the right, after any given bid, to add a few minutes to the closing time. The goal is to allow a healthy competition between the USERS so that the item is sold to the person who is really willing to give the highest bid and not who the highest bidder was at the last minute.

3.3 Origin of the items: BAZAR SPORTS seeks to ensure the origin of the auctioned items, which were legitimately used by athletes, through the direct contact between athletes and the representatives of BAZAR SPORTS worldwide, without middle men.

4 Payments: the PORTAL uses the PayPal system in all of its terms of payment and installment plans. PayPal is a global leader in on-line payments. Over 140 million customers worldwide buy safely and easily through it. The system does not share financial information with sellers and the user finalizes the purchase with a few clicks.

5 Deliveries: the USER can see deadlines and delivery types in his/her shopping cart when selecting the desired item and clicking on Buy. By typing in the zip code and clicking on calculate, the USER will see the delivery options and choose the one that is best for their order. BAZAR SPORTS starts the count of the delivery time from the date of confirmation of payment of the order from the financial institution, after confirmation of the registration data with the on-line payment company.

6 Taxes: In the case of taxes due on auctioned items or for their delivery, they shall be paid solely by the USER.

7 Cancellations and Returns

7.1 Auction

Items purchased at the auction cannot be returned under any circumstances, mainly due to the specificity of the item and the fact that the items are used.

8 Limitations

8.1 In the case of oscillation in the network or impaired communication with the server, in order to prevent USERS from being harmed, the auction may be interrupted or cancelled at the sole discretion of BAZAR SPORTS.

8.2 In case of interruption, the auction may be delayed for a period of time that BAZAR SPORTS deems necessary. In that event, the bidding will resumed at the price proposed by the highest bidder.

8.3 In case of server crash or communication problems which affect the purchase of the product, the auction will be automatically cancelled and, consequently, the item auctioned will be included in a new auction.

8.4 In case of system overload, with too many USERS bidding at the same time, a few seconds before the end of any given auction affecting the conclusion of the auction, BAZAR SPORTS reserves the right to interrupt the Auction. In that event the auction will restart at the same price of the highest bid of when the auction was interrupted.

8.5 The USER may face problems when accessing the BAZAR SPORTS website or PORTAL due to technical problems connecting to the internet, which may make it impossible to establish a connection, access failures or dropped connections and/or other external factors. That is why BAZAR SPORTS cannot be held responsible, under any circumstances, for any losses arising from technical failure or access to the website.

8.6 BAZAR SPORTS' partners reserve the right to make deliveries only to the registered address of the winning bidder.

8.7 SPORTS BAZAR and its partners are not responsible for problems in delivery due to incorrect or incomplete information of the winning USER, as well as the absence of a person authorized to receive the auctioned item upon delivery.

8.8 In case of failure to deliver due to problems outside the control of the carriers, a new delivery attempt may be made, or the delivery may be suspended or even canceled.

9 Client Support

Ready to assist you 24 hrs, via e-mail (bazarsports@bazarsports.com), or through the link Contact Us on the PORTAL.

10 General Rules

10.1 These Terms and Conditions and any other policies published by BAZAR SPORTS on its PORTAL establish the full and complete agreement and understanding of the USER, superseding and revoking any and all previous understandings, proposals, agreements, negotiations and discussions between the parties.

10.2 The TERMS AND CONDITIONS, the PRIVACY POLICY and the relationship between the parties are governed by the laws of the Federative Republic of Brazil.

10.3 The parties choose the courts of the capital of the State of Rio de Janeiro, Brazil, as the exclusive jurisdiction to settle any disputes and/or claims that may involve the parties regarding the use and access to the PORTAL.

10.4 The failure of BAZAR SPORTS to make use of or enforce any right or provision of the TERMS AND CONDITIONS does not constitute a waiver of such right or provision.

10.5 In the event that any item, term or provision of these TERMS AND CONDITIONS is declared invalid or unenforceable, such invalidity or unenforceability will not affect any other items, terms or provisions contained herein, which shall remain in full force and effect.

EXPIRATION AND AMENDMENTS TO THESE TERMS OF USE:

10.6 This agreement is valid for an indefinite period of time and may, at the discretion of BAZAR SPORTS, be amended. BAZAR SPORTS reserves the right to amend and/or adjust any words, terms and provisions of this term at any time. In this case, the USER, when logging into his/her account on the PORTAL, will receive the latest version of the Terms and Conditions with a request of acceptance.

Any new Terms and Conditions agreement will enter into force on the day of its publication on the PORTAL. However, that shall not affect ongoing negotiations, purchases or advertised items already published on the PORTAL.

If the USER does not agree to the amended terms, the contractual binding relationship will cease to exist, since there are no outstanding debts. In this case, BAZAR SPORTS reserves the right to cancel the USER's LOGIN and PASSWORD to access the PORTAL, without giving rise to any claims from the USER.