Terms and conditions

Terms and Conditions

These Terms and Conditions (along with the information and policies found on the “Customer Service” pages of the website and any other documents referred to in these Terms and Conditions) (together, “Terms and Conditions”) set out the legal terms that apply to your use of our site http://www.dalipe.com.br, any of its subdomains, and any other websites operated by us or on our behalf, and any mobile or desktop applications developed by us or on our behalf (collectively, “Sites,” and in reference to any of them, “Site”) and the other services we provide (“Services”).

Please read these Terms and Conditions carefully and ensure you understand them before using the Services. By clicking on “I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS” and using the Services, you agree to comply with these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and must leave the Site immediately. If you continue to use the Site or place an order for products, we will consider this your acceptance of these Terms and Conditions.

1) Understanding These Terms and Conditions
When certain expressions and phrases are used in these Terms and Conditions, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the beginning of a sentence). When a defined term is used, it has the meaning given to it in the Terms and Conditions (you can find these meanings by looking at the sentence where the defined term is included in parentheses and quotation marks).

When we refer to “DALIPE”, “we”, “us”, or “our”, we are referring to DALIPE SHOP LTDA, along with its controlling entities or, when relevant, its other affiliates. When we refer to “you” or “your”, we mean you, the person using the Services.

We use headings to help you understand these Terms and Conditions and locate information easily. These Terms and Conditions will be available to you in Brazilian Portuguese only.

We do not store copies of the contracts between us and you regarding our provision of the Services or between you and the Partners related to the sale of products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but note that we may update these Terms and Conditions from time to time, so please check the Site regularly, and each time you use the Services to order products, to ensure you understand the legal terms that apply at that time).

2) About Us
We are DALIPE SHOP LTDA, and together with some of our affiliates, we operate the Site. DALIPE SHOP LTDA is a company incorporated under Brazilian laws, established in São Paulo/SP, with its headquarters at Alameda Santos, nº 2159, 11th Floor, Cerqueira César, CEP 01419-100, registered under CNPJ/MF no. 61.528.599/0001-25.

We, along with some of our affiliates, provide the Services to you through the Site. More details about the Services we provide are outlined in Section 3 below.

When you purchase products using the Site, you are purchasing them from third-party retailers, referred to as “Partners,” who are the Brands and Boutiques offering their products for sale through our Platform. It is important that you understand that the contract for purchasing products is between you and the respective Partner. We act as an intermediary agent on behalf of the Partners, who are the primary parties in this verbal contract of buying and selling the Products. You are not buying the products from us. We are authorized by the respective Partners using our Platform to finalize the contract on their behalf, but we are not part of that contract, so you are not purchasing the products from us. More details about the products, the Partners, and the contract between you and the Partners regarding your purchase of the products are outlined in Sections 5, 6, and 7 below.

Notwithstanding the above and any subsequent references to the conclusion of contracts for the purchase of products between you and the Partners, in some cases, when you purchase products using the site or app, you are purchasing from an entity of DALIPE SHOP LTDA, and in these cases, DALIPE SHOP LTDA does not act as an agent for any Partner. In these scenarios, the contract for purchasing products is concluded between you and the relevant entity of DALIPE SHOP LTDA. We will always inform you when DALIPE SHOP LTDA acts as the seller.

3) Our Services, the Contract, and Possible Termination of the Contract
These Terms and Conditions are governed, for all legal purposes, by the applicable Brazilian Consumer and Simplified Importation Laws, including the Brazilian Federal Revenue Instruction no. 1.737 of 2017 and the Consumer Protection Code (Law 8.078 of September 11, 1990).

The Services we offer allow you to search through the Site and purchase products from a wide range of Boutiques and Partner Brands worldwide. As part of the Services, we also provide auxiliary services such as organizing product deliveries, offering customer service, and processing payments at no cost to you. The specific entity of DALIPE SHOP LTDA that provides these payment processing services will depend on your location. For customers residing in Brazil, DALIPE SHOP LTDA will be responsible for collecting payments.

However, as indicated above, the contract for the purchase of products is between you and the respective Partner. This means that the Partner (and not DALIPE SHOP LTDA) is legally responsible for selling the products to you.

Please note that the logistics delivery service is provided by us to you, and as such, you are entering into a contract for delivery services provided by us. We may charge for these services, which will be displayed at checkout before your purchase of the products. Your contract with us is concluded once the products have been delivered to you by mail or have been collected by you from a Partner.

For the use of the Services, you must be over 18 years of age.

Any purchase made on the dalipe.com.br platform may result in the formation of two types of contractual relationships:

When the selected product is made available by a Boutique located outside Brazil, the transaction will result in the formation of an Importation Intermediation Agreement, the content of which is part of these Terms and Conditions and can be found in Chapter 19.

When the selected product is made available by a Boutique located within Brazil, the transaction will result in two distinct contractual relationships: (a) An unwritten contract between the buyer and the Boutique, governed entirely by the Consumer Protection Code, and (b) A contractual relationship governing the payment processing, delivery, and return conditions, in which the buyer and DALIPE SHOP LTDA will be the parties, governed by the Consumer Protection Code and these Terms and Conditions, whose acceptance automatically implies your agreement.

To ensure your order is accepted and the contract is formed, the Site must first receive confirmation of authorization for the payment of the products you ordered. This confirmation is provided by the payment processor. Once the payment is authorized, DALIPE SHOP LTDA will send you an email containing your name, order number, total price, and stating that your order has been accepted. The acceptance of your order by DALIPE SHOP LTDA results in the formation of a legally binding contract between us.

For final customers using the DALIPE SHOP LTDA platform, there are certain circumstances in which you may terminate the contract, as defined here, in line with the provisions of the Consumer Protection Code:

a. You can cancel your order at any time until DALIPE SHOP LTDA notifies you that your order has been accepted and is being processed. You will not have to pay any penalty.

b. If the order is in the processing stage, 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 on the link [DALIPE Returns and Refunds].

c. In cases of contract termination and refund through Vouchers or credit for free use on the DALIPE SHOP LTDA platform, please consult the terms of use, especially regarding the 12-month validity period. You will be notified multiple times by email when your credit is nearing expiration. After expiration, your credit (or Voucher) cannot be used.

4) Our Responsibility to You Regarding the Services
If we fail to comply with these Terms and Conditions in providing the Services to you, we are responsible for losses or damages you suffer that are a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is considered foreseeable if it was a direct and necessary consequence of our breach or was contemplated by both you and us at the time you started using the Services.

We do not exclude or limit our responsibility for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any other liability that cannot be limited by law.

5) The Products
We strive to be as accurate as possible in the descriptions of the products displayed on the Site. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details will always be accurate, complete, or free from errors. Please contact our Customer Service Consultants if you need more information about a product. The images of the products on the Site are for illustrative purposes only, and while we try to display colors accurately, we cannot guarantee that your computer’s display will reflect the true color of the products.

We do not allow Partners to offer defective items or products of inferior quality to market standards for sale on the Site. If an item you ordered is not as described, is faulty, or of inferior quality, you can return it to us, and we will contact the Partner to process the return. Once the item is received by the respective Partner, you will receive a full refund for the defective item or, alternatively, a discount, replacement, or repair for the item, whenever possible, at your choice. We will reimburse any applicable delivery charges and any reasonable costs you incur in returning the products (we will inform you whether the products will be collected from you or if you need to arrange for their return). Please refer to Section 10 below for details on how to arrange a return.

As a consumer, you have rights regarding products that are defective or not as described. The governing rule for your rights is the Consumer Protection Code. Nothing in these Terms and Conditions will affect or limit these rights.
The products sold by the Partners and by the relevant DALIPE SHOP LTDA entity are intended only for domestic and private use. You agree not to use the products for commercial, business, or resale purposes. You also agree not to export or otherwise transfer the products to countries or territories that are subject to comprehensive embargoes or sanctions or to parties identified on the U.S. Department of the Treasury’s Specially Designated Nationals List or the European Union’s Consolidated Financial Sanctions List. Neither we nor the Partners are liable to you for any lost profits, business losses, business interruptions, or missed business opportunities.

If a Partner’s stock is unable to fulfill your ordered goods, we will notify you as soon as possible, and any amount charged by DALIPE SHOP LTDA to your credit card will be refunded to your account, and DALIPE SHOP LTDA will notify you by email at the address you provided at the time of ordering. The refund will be processed as quickly as possible and, in any case, within 7 business days from the date of cancellation request. DALIPE SHOP LTDA will not be obliged to offer any additional compensation for the justified inability to deliver the goods.

6) DALIPE SHOP LTDA Partners
As explained above, the contract for the purchase of products is between you and the respective Partner. We act as an intermediary agent and are authorized by the Partner to conclude the contract on their behalf, but we are not part of that contract, and you are not purchasing the products directly from us.

We ask that all Partners using the Site have and maintain reasonable business policies in compliance with our own business policies. However, we cannot be held responsible for the business policies of the Partners. If you are not satisfied with the product or service you received from a Partner, please contact us, and we will reach out to the Partner on your behalf to try to resolve the issue.

More information about the Partners and the products they offer is available on our Site.

7) Orders and Payment
When completing the checkout process and placing an order by clicking the “Place Order” button on the checkout page, you are confirming the purchase of products from the respective Partner (and not directly from us). Your order for the products is subject to these Terms and Conditions, which are incorporated into the contract between you and the Partner. All orders are subject to availability and price confirmation, which is determined by the Partner.

After concluding the contract for purchasing the products with the Partner, the Partner will be legally responsible for providing goods that comply with the contract. The legal title and ownership of the purchased product will transfer to you after your payment is accepted. The risk of the product will remain with the Partner and/or DALIPE SHOP LTDA (as applicable) until it is delivered to you at the address specified when you made your purchase.

To purchase products, you must be over 18 years old and have a valid payment method (see section (c) below for details about acceptable payment methods). By placing an order, you confirm that all the details you provide are true and accurate, that you are over 18 years old, and that you are authorized to use the selected payment method for your order.

The Site allows you to review your order and correct any errors before finalizing your purchase. Please take time to read and review your order, as you are responsible for ensuring the accuracy of the information provided (e.g., products, quantities, size, color, etc.).

(a) Formation of the contract between you and the Partner(s). The identity of the Partner is shown on the confirmation page when you place an order.

When you place an order, you will receive an email confirming receipt of your order. This email is just an acknowledgment for informational purposes and does not constitute acceptance of your order by the Partner. The contract between you and the Partner regarding the products will not be formed until we have verified that the Partner accepts your order, which depends on stock confirmation and price accuracy. If your order is accepted, we will send you a confirmation email, which concludes the contract between you and the Partner. The confirmation email will include a description of the products purchased in the order and some additional information about your rights to cancel the contract between you and the Partner (see section 10 below for more information about your rights to cancel the contract). Only the products listed in the shipping confirmation email are included in the contract between you and the Partner.

(b) Formation of the contract between you and a DALIPE SHOP LTDA entity

The identity of the DALIPE SHOP LTDA entity will be shown on the order confirmation when you place your order. By placing an order, you will receive an email confirming the receipt and acceptance of the purchase. The contract between you and the relevant DALIPE SHOP LTDA entity will be concluded when we send this confirmation email. All orders are subject to availability and price confirmation, and if the product is unavailable or the price shown on the site is incorrect, it may need to be canceled (in whole or in part).

8) Delivery
The estimated delivery date of the products will be indicated in your order confirmation email. If you do not receive an estimated delivery date, we will deliver your order within 30 days from the shipping date. We (and not the Partners) provide delivery services to you and will try to ensure that your order is delivered by the estimated delivery date, if provided. However, there may be circumstances where delivery is delayed due to events beyond our reasonable control (see section 15 below for more information). If this happens, we will try to arrange for your products to be delivered as quickly as possible, but we will not be responsible for any losses caused as a result of such delays.

Delivery times may vary depending on product availability and your delivery address. Delivery times are estimates only and cannot be guaranteed. The product(s) will be delivered directly by the Partner(s) and, through our monitoring and logistical support, your order may arrive in multiple deliveries at different times.

Please also read the information on our “Orders and Shipping” page, as it contains important information about your order and delivery.

DALIPE SHOP LTDA will ship the products you ordered on your behalf to the person and address you provide at the time of your order. Delivery will be made as soon as possible after the order is accepted by the payment processor and, in any case, within 3 to 7 business days for domestic and international deliveries, starting from the completion of order analysis. This analysis can take up to 48 business hours to complete. All delivery times listed on the Site are estimates based on availability, routine processing, and deliveries by the company.

9) International Delivery
There are restrictions on certain products for specific international destinations, so please review the information on this page carefully before placing an order.

If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please refer to Section 7(b) (above) for more information on duties and taxes. You must comply with all applicable laws and regulations of the country to which the products are shipped. We will not be responsible if you violate such laws.

This Chapter will not apply to your purchases destined for Brazil.

10) Returns and Cancellations
Please refer to our Return and Refund Policy for information about returns and our Free Return service.

Please note that, in certain cases, the Partner may reject the return of a product, and DALIPE SHOP LTDA may, at its sole discretion, opt to purchase the product for itself. In this case, you agree that the legal ownership of such product will automatically pass to DALIPE SHOP LTDA when it exercises this option.

In cases where the products are sold by a DALIPE SHOP LTDA entity, the return will be processed by the relevant DALIPE SHOP LTDA entity. After the return is received, you will receive a full refund. If you choose to cancel your order before the shipping preparation stage (typically when the shipping label is printed), the items will not be shipped, and you will receive a full refund, including shipping costs. If you choose to cancel your order after the shipping preparation stage (typically when the shipping label is printed), the items will need to be returned.

11) Our Site
This section sets out the rules that apply to your use of the Site (whether you use it to order products or just to browse). By using the Site, you agree to these rules. If you do not agree with these rules, you are not permitted to use the Site, and you must leave it immediately.

(a) Access to the Site

The Site is provided free of charge, and you are responsible for taking all necessary steps to ensure you can access the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.

Access to the Site is temporarily permitted, and it does not include any commercial use of the Site or its content. You may not reproduce, copy, and/or exploit the Site for any commercial purposes without our prior written consent.

We reserve the right to withdraw or alter the Site without notice, and from time to time, we may restrict access to all or parts of the Site. We will not be responsible to you if, for any reason, the Site is unavailable at any time or for any period.

When you visit the Site and/or submit an order, you are communicating with us electronically and agree that all agreements, notices, disclosures, and other communications we send you electronically (whether on our behalf or on behalf of our Partners) satisfy any legal requirement that such communications be in writing.

(b) Your Conduct

You must not use the Site in any way that causes, or may cause, the Site or access to it to be interrupted, damaged, or impaired in any way.

You understand that you are responsible for all electronic communications and content sent from your computer to us, and you must use the Site only for lawful purposes.

You must not use the Site:

In any way that violates any applicable local, national, or international law or regulation.

In any way that is illegal or fraudulent, or has any illegal or fraudulent purpose or effect.

To send, use, or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene, or threatening, and/or (ii) in violation of copyright, trademark, confidentiality, privacy, or any other rights, and/or (iii) harmful to third parties, and/or (iv) objectionable, and/or (v) contains software viruses, political campaigns, commercial solicitations, chain letters, mass mailings, or any “spam.”

To cause damage, inconvenience, annoyance, or anxiety to any person.

Violation of these provisions would constitute a criminal offense under Brazilian laws. We, in compliance with any applicable law or public order, will report any violation to the relevant police authorities and disclose your identity to them. If you violate any provision of these Terms and Conditions and/or any terms and conditions of Third-Party Products and Services, you agree to indemnify us fully for all costs, expenses, liabilities, damages, and losses (excluding any indirect, incidental, or consequential loss), including any interest, fines, and legal fees or other professional fees incurred or paid by us and/or any member of our group as a result of or in connection with your violation. The same rights are conferred to you if you need to take the same steps against us.

(c) Third-Party Products and Services on the Site

The Site may contain services and/or products (including add-ons and apps) offered by third parties that are not our Partners (the “Third-Party Products and Services”). Your use of these Third-Party Products and Services may be subject to additional terms and conditions, which we recommend you review before using these Third-Party Products and Services for the first time and continue to review any changes. We disclaim any responsibility or liability for or in connection with your use of any Third-Party Products and Services. We reserve the right to suspend, withdraw, terminate, and/or alter your access to the Sites and/or Services, including, among others, Third-Party Products and Services, if you violate the terms and conditions of any Third-Party Products and Services. The use of Third-Party Products and Services is entirely at your own risk.

We do not guarantee that any or all features of the Sites, Services, or Third-Party Products and Services will work on any specific device.

(d) Linking

We are happy for you to link to the Site, but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (for example, using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw the linking permission at any time and, if we instruct you to remove a link to the Site, you must do so immediately.

When the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources, and such links should not be interpreted as an endorsement by us of those linked sites. We will not be responsible for any loss or damage that may arise from your use of them.

(e) Our Responsibility Regarding the Site

We may update or alter the Site or its content at any time, but we are under no obligation to do so. The content on the Site is provided for general information only. We make no representations or warranties, express or implied, that the Site, or any content on it, is accurate, complete, up-to-date, or free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations, or other terms that may apply to the Site, or any content on it, whether express or implied.

We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising from or in connection with: (i) the use or inability to use the Site; or (ii) use or reliance on any content displayed on the Site.

Please note that we provide the Site only for domestic and private use, and as such, we have no responsibility to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or the downloading of any content on it or any website linked to it. We do not exclude or limit in any way our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability that cannot be limited by law. Different limitations and exclusions of liability will apply to our provision of the Services to you (as set out in Section 4) and the provision of products by the Partners to you.

12) Privacy Policy
We use your personal information only in accordance with our Privacy Policy. Please take some time to read it carefully, as it includes important information about how we collect and use your data. By using the Site, you agree to the use of your data as described in our Privacy Policy and ensure that all the data you provide is accurate.

13) Intellectual Property, Software, and Content
We are the owner or licensee of all intellectual property rights in the Site and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, including the presentation and compilation thereof) (“Content”). The rights in the Site and Content are protected by international copyright laws, as well as any relevant national copyright laws and database rights laws. All rights are reserved.

You must not extract and/or reuse systematically parts of the Site or Content. In particular, you must not use any data mining, robots, or similar data collection and extraction tools to extract (once or many times) for reuse any substantial parts of the Site. You must not create and/or publish your own database that features substantial parts of the Site (for example, our prices and product listings) without our prior written consent.

Unless explicitly stated otherwise, all persons (including their names and images), third-party trademarks, and images of products, services, and/or places featured on the Site are in no way associated, linked, or affiliated with us. Any trademarks/names displayed on the Site are the property of their respective trademark owners.

14) Ethical Sourcing Policy
As a reputable and trusted company, committed to offering our customers high-quality products, we recognize our obligation to ensure that all our Partners and suppliers operate ethically. We expect all Partners and suppliers to consistently provide an environment that protects the health and safety of their employees and basic human rights. Partners and suppliers are expected to comply with their national labor laws and regulations, with particular attention to: minimum age for employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, non-discrimination, no severe or inhumane treatment, working hours, wages, and working conditions.

We will not knowingly allow a Partner to offer its products on the Site if those products come from countries that violate these principles. We also rely on our Partners and suppliers to instill these principles when dealing with their own supplier base. Due to the sometimes complex nature of Partners’ and suppliers’ supply chains, it is not always possible to monitor and control the conditions of every individual involved in the production of products. However, as we continue to grow, we recognize the importance of being proactive and doing everything in our power to support the rights of those involved in the manufacturing of products.

In response to the ever-changing needs of our customers, products made from fur or endangered species are no longer available on the Site. Fur products are defined as items made entirely of fur or made with fur trimmings. We also require that all exotic fur products listed have international CITES certification (Convention on International Trade in Endangered Species of Wild Fauna and Flora), and we will not allow the listing of exotic fur unless permitted under CITES and IUCN (International Union for Conservation of Nature).

15) Kidswear Policy
The Farfetch Kidswear product safety policy sets out guidelines for the types of products that Partners may be restricted from selling through the DALIPE SHOP LTDA platform due to product safety restrictions. Our policy states that Partners must seek independent regular advice and guarantees from the brand/manufacturer/importer from whom the product is purchased to determine if the goods can be sold to the country and, when applicable, the state where the buyer is located. While we work closely with our Partners, it is the responsibility of our Partner to ensure that the products they sell comply with all applicable product laws and regulations, such as flammability standards, conformity certificates, and tracking labels. Our Customer Service Advisors may contact the relevant Partner if you need further information.

When a product is sold by a DALIPE SHOP LTDA entity, the above references to Partners apply to the relevant DALIPE SHOP LTDA entity.

16) Final Sale
“Final Sale” items are not subject to the standard return policy and cannot be returned. Any return or refund for “Final Sale” items purchased on DALIPE SHOP LTDA is at the absolute and exclusive discretion of DALIPE SHOP LTDA, subject to applicable laws. When DALIPE SHOP LTDA agrees to refund a “Final Sale” item, the refund will be subject to the terms specified in the Refunds section.

17) Other Important Information
We reserve the right to close your DALIPE SHOP LTDA account or restrict future orders at any time, at our sole discretion.

Severability – Each section and paragraph of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them is illegal or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

Waiver – If you breach these Terms and Conditions and we take no action, or delay in taking action, this does not mean that we waive our rights, and we may still exercise them. If we waive a breach by you, we will do so in writing (signed by one of our Directors), and this will not mean we automatically waive any subsequent breach by you.

Entire Agreement – These Terms and Conditions constitute the entire agreement between you and us and supersede all previous agreements between you and us.

18) Governing Law and Jurisdiction
Any matter related to your order, use of the Sites, or these Terms and Conditions will be governed by Brazilian law. The courts in Brazil will have exclusive jurisdiction over any dispute or claim related to these Terms and Conditions.

19) Importation Agreement
DALIPE SHOP LTDA provides the intermediary service for the purchase and sale of products sold via digital means.

By this instrument, and in the best form of law, the parties below agree to the intermediary purchase and sale agreement for imported products sold through digital means (“Importation Agreement”): DALIPE SHOP LTDA, a limited company constituted under Brazilian law, with its headquarters at [INSERT ADDRESS], registered under CNPJ no. 61.528.599/0001-25, and the BUYER, who requests the provision of services described herein.

Definitions:

DALIPE SHOP LTDA: The legal entity that intermediates the acquisition of imported products sold via the internet.

BUYER: The individual registered in the CPF database, accepting the conditions for purchasing products through the platform managed by DALIPE SHOP LTDA.

The agreement will regulate the processes of intermediation for commercial transactions, payment management, and delivery.