Refund policy

TERMS AND CONDITIONS

These Online Store Terms and Conditions of Sale (the “Terms and Conditions”) are the terms and conditions under which we supply to you any of the products (“Products”) listed on our website www.fortatech.com.br (“Online Store”). These Terms and Conditions do not cover the sale of our products other than through our Online Store. Please read these Terms and Conditions carefully and make sure you understand them before ordering any product from our Online Store. You should understand that by ordering any of our Products, you accept these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order any Product from our Online Store. You may print a copy of these Terms and Conditions for future reference; however, each Product order will be governed by the Terms and Conditions in force at the time of the order (see OUR RIGHT TO CHANGE THESE TERMS AND CONDITIONS below).

Information about us
Our Online Store is operated exclusively by Forta Tech. We will receive the order you place in our Online Store and begin processing it after payment approval.

Availability
When you enter your postal code (CEP) on the Shopping Cart page, our system will show the maximum delivery time and whether the chosen products are available for delivery to your address.

Your status
By placing an order through our Online Store, you warrant that:
(A) you are legally capable of entering into binding contracts; and
(B) you are a resident of Brazil.

How the contract is formed
1. Your order is an offer to us to purchase Product(s) in our Online Store. After placing an order, you will receive an email confirming that we have received your order (“Your order was received successfully”), containing an Order Reference Number and the details of the Product(s) you ordered. Please note that the Order Receipt is an acknowledgment that we have received your order and does not mean that your order has been accepted by us. All orders are subject to confirmation. We will only confirm the purchase (and enter into the purchase and sale contract) when we send an email confirming payment of the order (“Your payment was approved”). We may refuse your order:
(a) when the product is not available and you do not accept a similar product at the same price. In this case you may also, alternatively and at your choice, opt for a refund;
(b) when the payment is not recognized/authorized;
(c) if there is a pricing or product description error (see PRICE AND PAYMENT below); or
(d) if you do not meet the eligibility criteria set out in YOUR STATUS above.
2. The purchase and sale contract (“Contract”) will only be formed when we send you confirmation that payment has been approved. The parties to the Contract are you and Forta Tech, as set out in INFORMATION ABOUT US above.
3. The Contract will relate only to the Products whose shipment was confirmed in the Shipping Confirmation.

Right of withdrawal
1. You may withdraw from the purchase and terminate the Contract at any time within a maximum of 07 (seven) calendar days, counted from the day after receipt of the Product(s).
2. In the event of withdrawal, it is your responsibility to take proper care of the Product(s). The Product(s) must be in the best possible condition, in their original undamaged packaging, together with all manuals, accessories, free items and other components. In this case, you will receive a full refund of the price paid for the Products, in accordance with the RETURN POLICY below.
3. When you contact us via the available chat, email or phone, you will be informed of the details for returning the Product(s). You have a legal obligation to take proper care of the Product(s) while they are in your possession. If you fail to comply with this obligation, we may refuse the termination of the Contract or bring a claim against you for compensation.

Availability and delivery
1. We can deliver anywhere within our coverage area, which will be confirmed when you enter your postal code (CEP) on the Shopping Cart page and in the Delivery Address.
2. Bank slip (boleto) payments made at any bank branch in the country or via Internet Banking may take, on average, up to 3 (three) business days to be confirmed. Once your bank confirms the payment, your order will be released. Bank slips not paid within 2 (two) business days will be canceled automatically.
3. Deliveries take place Monday to Friday, during business hours, and may occur until 9 p.m., except on public holidays.
4. Deliveries of small to medium-sized products (such as scanners, injector cleaning machines, battery testers...) will be made at the building reception, at the front of the customer's home or at the buyer's business premises, according to the official addresses on the CNPJ registration card. Deliveries of large products (lifts, wheel balancers, tire changers) will be made at the buyer's business premises, according to the official addresses on the CNPJ registration card. For lifts, the customer must hire a crane truck (Munck) or have equipment that can assist with unloading.
5. Do not accept the delivery if the outer packaging is damaged.
6. Delivery may be received by building reception or office staff, family members or anyone present at the address provided, upon signing the delivery receipt and presenting an identification document.
7. If the recipient cannot be found or the goods cannot be left with another person, two more delivery attempts will be made. If the first attempt fails due to an incorrect address, or the third attempt fails because no one is present, the goods will return to the warehouse and the order will be canceled.
8. Check the Invoice (Nota Fiscal) and the Products in the package at the time of delivery and keep them, as they will be needed for any return.
9. If you have not received the Product(s) within the estimated delivery time specified in the “Your delivery has started” notice, you should contact us through our Online Store, by chat, email or by calling Customer Service.
10. Delivery of the Product(s) normally does not include installation, unless we expressly specify otherwise at the time of ordering in our Online Store.

Risk and title
1. The Products will be your responsibility from the time of delivery.
2. Ownership of the Products will only pass to you upon delivery.

Price and payment
1. The price of the Products will be the price shown in the shopping cart at the time the order is confirmed, except in cases of obvious error. Product prices include taxes under current rules. The price quoted in our Online Store for the Products excludes delivery charges, which are quoted separately in our Online Store after you enter the delivery address postal code.
2. Product prices and delivery charges may change at any time, but changes will not affect orders for which we have already sent a Shipping Confirmation.
3. Our Online Store contains a large number of Products, and it is always possible that, despite our best efforts, some of the Products listed in our Online Store may change. We will normally check prices as part of our shipping procedures, so the price shown at checkout will apply. You should check the product price and the final total of the purchase, including the delivery charge, before completing the order.
4. Payment for your Products may be made by credit card. Please fill in your details and credit card number correctly. Occasionally we will contact you to confirm your details and your order.
5. The order is subject to an internal security review, with up to 48 business hours for payment approval.

Return policy
1. If you wish to return a Product, please visit https://www.fortatech.com.br/trocas-e-devolucoes or contact us through our Customer Service Channels, where you will be informed of the procedures for returning the product.
2. If you are exercising your right of withdrawal by returning a product within 07 (seven) calendar days from the day the Product(s) were received, we will process the refund due after receiving and inspecting the Product. The amount of your order will be refunded in full. Returns of small items may occasionally be made through a post office (Correios) branch of your choice, while large items will be collected by a carrier. All instructions will be sent by email. If the product is not returned within the period stated in the email, the return process will be canceled. Shipping costs are the customer's responsibility.
3. Upon receipt of the Product(s), only full refusal of the order is permitted; partial refusal is not possible if you purchased more than one product in the same order. If you do not wish to receive one or more Products, all items in the box must be returned to the warehouse.
3.1. When refusing delivery of the product, the customer must state the reason and date of refusal on the document provided by the carrier, and sign the document.
4. If you believe a Product you received has a defect, you must contact Forta Tech through Technical Support. You will be informed of the appropriate measures to be taken. If the defect is reported more than 07 (seven) calendar days after delivery of the Product, you must contact the Customer Service Channels for assistance with warranty procedures and technical service accredited by Forta Tech.
5. When returning a Product or an order with several products, we recommend that you obtain and keep the proof of shipment. In all cases, we reserve the right to inspect the Product and verify the alleged fault. For a return or refund, the Product must be in “like new” condition and, if possible, in its original packaging. We reserve the right to refuse a refund or return if the returned Product is damaged.
6. Refunds will be made using the same payment method originally used for the purchase. If your purchase was made by credit card, please note that card issuers may take up to two statements following the month of the refund request to post the credit, depending on your statement closing date.
7. We will not cover defects caused by misuse, negligence, physical damage, tampering, incorrect adjustment and other causes stated in the Warranty Terms and instruction manual that accompany the products. Products sold on our website are intended for personal use only, and the rights and warranties provided in the Contract and/or these Terms and Conditions do not apply to Products that, although originally purchased through our Online Store, have been resold. We also will not cover defects or damage resulting from incorrect installation at your premises or removal not in accordance with the product's instruction and installation manual. Please do not remove the product's serial number.
8. This Return Policy does not affect your statutory rights.

Product warranty
1. All products purchased in our Online Store are covered by the Forta Tech Warranty.

The equipment purchased is guaranteed under the terms of our warranty certificate against proven manufacturing or material defects for a period of 12 (twelve) months from the date of issue of the Invoice by Forta Tech Comércio de Equipamentos Automotivos Ltda. The warranty covers the replacement or repair, at our facilities in Gaspar (SC), of parts that show defects during this period, provided that the Forta Tech Technical Department confirms that the equipment was operated properly and that the defect resulted solely and exclusively from manufacturing faults. The warranty does not cover the replacement of parts subject to natural wear, such as fuses, filters, buttons, screens, paint, hoses, etc. In addition, procedures such as calibration and scale adjustments are not covered by the warranty.
The warranty is void when:
• The equipment is installed or repaired by personnel not accredited by Forta Tech;
• Any of the equipment's components or technical characteristics are replaced or altered without prior authorization from the Forta Tech Technical Department;
• The equipment is operated improperly, outside the technical specifications provided by Forta Tech, or in inadequate facilities, not in accordance with the installation manual/rules;
• The power supply and grounding conditions are inadequate;
• The equipment's identification plate or internal components are altered or removed;
• The damage results from transport, falls, fire, flood or other force majeure;
• The damage occurs before the Forta Tech Technical Department approves the Damage/Technical Report duly completed by our Authorized Representative;
• The Forta Tech Technical Department finds inconsistent data in the completed report.
Warranty obligations will be fulfilled by Forta Tech Comércio de Equipamentos Automotivos Ltda. at its facilities in Gaspar (SC), with all transport, insurance, packaging or other expenses of any nature, including taxes, borne by the warranty beneficiary. Forta Tech may choose to suggest other Authorized Technical Service locations to perform the service. It may also offer technicians for on-site maintenance, if available. The cost per hour/technical visit will be borne by the beneficiary.

As a good practice, contact the Forta Tech technical department immediately at any sign of a problem with the product.

Notices
1. Formal notices related to sales matters should be sent to: vendas.tech@grupoforta.com.br
2. Formal notices related to after-sales matters should be sent to: pós-vendas.tech@grupoforta.com.br
3. We may give notice either to the email or postal address you provide when placing an order, or through any other contact method provided. Proof of sending any notice will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and posted and, in the case of an email, that the email was sent to the recipient's specified email address.

Transfer of rights and obligations
1. The Contract between you and us is binding on you and us and on our respective successors and assignees.
2. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
3. We may transfer, assign, charge, subcontract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

Events outside our control
1. We will not be liable for any failure to perform, or delay in performing, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”).
2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat of or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of using railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of using public or private telecommunications networks;
(f) acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
3. Our performance under the Contract and these Terms and Conditions is deemed suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract and/or the Terms and Conditions may be performed despite the Force Majeure Event.

Waiver
1. If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
2. Any tolerance on our part regarding a default will not constitute a waiver of any subsequent default.
3. No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability
If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of the Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Our right to change these terms and conditions
1. We reserve the right to revise and amend these Terms and Conditions from time to time by posting them on our Online Store.
2. You will be subject to the policies, terms and conditions in force at the time you order Products from us, unless any change to those policies, terms and conditions is required by law or government authority (in which case they will apply to orders previously placed by you), or if we notify you of the change to those policies, terms and conditions before we send you the “Your payment was approved” notice (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us otherwise within 07 (seven) days of receiving the Products).

Our online store
1. We own or are licensed users of all intellectual property rights in our Online Store and in all material and content on our Online Store. You may use the Online Store and its materials and content only for personal, non-commercial use. Any other use or reproduction, even partial, of our Online Store or of the materials and content of our Online Store is strictly prohibited.
2. Our Online Store is made available on an “as is” and “as available” basis. We make no warranty that access to our Online Store will be uninterrupted, timely or error-free, or that our Online Store or the server that makes it available is free of viruses or bugs.
3. While we strive to ensure that our Online Store is normally available 24 hours a day, we will not be liable if, for any reason, our Online Store is unavailable at any time or for any period. Access to our Online Store may be suspended temporarily and without notice in the event of system failure, maintenance or repair, or due to a Force Majeure Event.

Data protection and privacy
Your data protection and privacy rights are set out in the Online Store Privacy Notice and in the Forta Tech Privacy Policy. You should understand that by ordering any of our Products, you accept these Terms and Conditions, as well as the Online Store Privacy Notice and our Privacy Policy.

Governing law
Contracts for the purchase of Products through our Online Store, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), or with these Terms and Conditions, will be governed by Brazilian law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims), or with these Terms and Conditions, will be subject to the exclusive jurisdiction of the courts of Brazil.

Entire agreement
We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of the Contract. While we accept responsibility for statements and representations made by our duly authorized agents, please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing.

(Updated version: July 10, 2023)