TERMS OF USE
1. Presentation and Definitions
This website is owned, maintained, and operated by BANANA DROPS. This document outlines the terms and conditions that must be observed by BANANA DROPS and Users (as defined below) when using the Site, its tools, and its functionalities. BANANA DROPS allows access and use of the Site to any Users. The User declares that they have read and accepted these Terms and Conditions of Use and Policies before starting to use the Site. If the User does not accept these Terms and Conditions of Use, they will not be permitted 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 will have the following meanings:
BANANA DROPS Customer Service: Customer service provided by BANANA DROPS through various communication channels.
Customers: Users who have completed registration and hold an Access Account.
Purchase: Transaction through which a Customer acquires a product offered for sale on the Site, by making payment for the product.
Access Account: Credential defined by the username (login) and password of a registered visitor (Customer), personal and non-transferable, which allows access to the restricted area and exclusive functionalities on the Site, such as access and modification of personal data, registration and cancellation of participation in courses, creation, editing, and removal of wish lists, among others.
Brand: Any distinctive signs owned by and/or licensed to BANANA DROPS, used to identify the Site, its content, or services provided by BANANA DROPS.
Policies: The policies that complement and integrate these Terms and Conditions of Use, namely the Exchange and Returns Policy, Payment Policy, Product Delivery Policy, and Privacy and Security Policy, all available on the Site.
BANANA DROPS Intellectual Property: All intellectual property assets owned by BANANA DROPS, any company belonging to its economic group, or third parties whose use is licensed and/or authorized to BANANA DROPS, including but not limited to Brands, patents, inventions or utility models, industrial designs, know-how, trade secrets, illustrations, photographs and/or content of any screen on the Site or any intellectual works or other content that are included in any intellectual work or any asset protected by intellectual property rights.
Site: The website owned, maintained, and operated by BANANA DROPS, hosted under the domain sollonutrition.com and all pages therein; and
Users: Any persons 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. Therefore, the User agrees not to:
(i) Harm third-party rights, regardless of their nature, at any time, including during the use of the Site;
(ii) Perform acts that limit or prevent access and use of the Site, under appropriate conditions, by other Users;
(iii) Illegally access the Site or third-party computer systems related to the Site or BANANA DROPS by any means or form;
(iv) Spread computer programs or viruses that may cause damage of any nature, including to BANANA DROPS or third-party equipment and systems;
(v) Use mechanisms other than those expressly enabled or recommended on the Site to obtain information, content, and services;
(vi) Perform any acts that may in any way imply any harm or damage to BANANA DROPS or other Users;
(vii) Access areas of the Site programming, databases, or any other set of information outside the public or restricted areas of the Site;
(viii) Perform or allow reverse engineering, translate, modify, alter the language, compile, decompile, modify, reproduce, rent, sublease, disclose, transmit, distribute, use or otherwise dispose of the Site or the tools and functionalities available on it by any means or form, including in a way that violates BANANA DROPS's rights (including BANANA DROPS's Intellectual Property) and/or third parties;
(ix) Practice or participate in any act that constitutes a violation of any BANANA DROPS right (including BANANA DROPS Intellectual Property) or third parties or any applicable law, or act in any way that may contribute to such violation;
(x) Interfere with security or misuse the Site or any system, network, or service connected or accessible through the Site, only accessing the Site for lawful and authorized purposes;
(xi) Use BANANA DROPS's domain to create links or shortcuts to be made available in unsolicited emails (spam) or on third-party or User's websites or to perform any action that could harm BANANA DROPS or third parties;
(xii) Use automated data collection and selection applications to perform mass operations or for any purposes, or to collect and transfer any data that can be extracted from the Site for unauthorized or illegal purposes;
(xiii) Use the Site's tools and functionalities to spread messages not related to the Site or its purposes, including messages of a racist, ethnic, political, religious, cultural, or derogatory, defamatory, and/or slanderous nature about any person or social group.
The User agrees to indemnify, defend, and hold BANANA DROPS harmless from any claim, notification, subpoena, or legal or extrajudicial action, or any responsibility, damage, cost, or expense arising from any violation and/or infraction committed by the User or any person acting on their behalf, with their consent or tolerance, in relation to the Site (including concerning any provision of these Terms and Conditions of Use), including any person who has obtained the User's data related to their Access Account or their browsing on the Site.
BANANA DROPS may, at its sole discretion, block, restrict, disable, or prevent any User's access to the Site, in whole or in part, without prior notice, whenever inappropriate User conduct is detected, without prejudice to administrative, extrajudicial, and judicial measures deemed appropriate.
3. Customer Registration
To access the full content and all tools and functionalities of the Site, including the ability to make Purchases, the User must create an Account with personal data, which will be stored and used to identify Purchases, to be used under the terms of the Privacy and Security Policy, noting that the creation of each Account implies express consent for the collection, use, storage, and processing of personal data by BANANA DROPS and/or third parties contracted by it to perform any procedure or process related to Purchases, including payment processing, deliveries, returns, etc. Each Customer is allowed to create only one Access Account, and BANANA DROPS reserves the right to suspend or cancel any duplicate Access Accounts.
By completing their Access Account, the Customer declares that the information provided is complete, true, current, and accurate, and it is the Customer's sole responsibility to update the data in their Access Account whenever there is a change in name, address, or any other relevant information. BANANA DROPS may refuse, suspend, or cancel a Customer's Access Account whenever it suspects that the information provided is false, incomplete, outdated, or inaccurate, or in the cases indicated in applicable laws and regulations, these Terms and Conditions, or any Policy of the Site, even if previously accepted.
The Customer, when creating their Access Account, will determine their username and access password. It is the Customer's sole responsibility to maintain the confidentiality of their username and/or access password related to their Access Account, and the Customer must immediately notify BANANA DROPS in case of loss, disclosure, or theft of the password or unauthorized use of their Account.
Minors (under 18 years of age) may not use the Site unless represented and/or assisted by their parents or legal guardians and authorized by them at the time of creating the Account. Creating an Account on behalf of a minor implies the representation of this minor by a person over 18 years old, who will be held civilly and criminally responsible for any Purchase made, violation committed, or false, incomplete, outdated, or inaccurate statement made by the minor under 18 years old.
4. Personal Data, Privacy, and Security
BANANA DROPS 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 inseparably integrates these Terms and Conditions of Use, noting that the data usage of the Site will be archived under current legislation.
5. Product Offering
Information: BANANA DROPS will provide on the Site, for each product, a descriptive page, containing information related to its characteristics, composition, any risks it may pose to health and safety, expiration date, origin, stock availability, payment terms, and total price at sight.
Territory: The Site has manual (through information provided by the User) and automatic (through cookies) geolocation tools that determine the content to be presented to each user. However, due to the limitations of these tools, it is possible that the User may access content (including product offers) directed to a geographic area different from where they are located. BANANA DROPS may, at its sole discretion, change this territory, including or excluding locations. In case of doubt, the user may consult the Product Delivery Policy or contact BANANA DROPS Customer Service.
6. Stock
BANANA DROPS has a large number of items registered on the Site. Due to reasons beyond BANANA DROPS's control, some of these items may be temporarily unavailable due to peculiarities, seasonality, or supply chain issues. BANANA DROPS commits to using its best efforts to maintain the availability of the largest possible number of items.
7. Promotions
Realization: BANANA DROPS may, at any time, for purely commercial reasons and at its sole discretion, create and maintain promotional campaigns, offering certain products at prices lower than usual or with discounts.
Conditions: Promotions will not be cumulative and may be limited to: (i) a certain quantity of products on promotion; (ii) a certain period of time; (iii) acceptance of special conditions, such as the impossibility of exchanging the product. The validity conditions of the promotions will be clearly communicated through all means of promotion dissemination, and BANANA DROPS recommends careful reading by the User. In case of doubts, the User can contact BANANA DROPS Customer Service.
8. Payments
BANANA DROPS has a specific policy to regulate the means of payment for Purchases: Payment Policy. This specific policy inseparably integrates these Terms and Conditions of Use.
9. Purchase Tracking
In addition to sending emails informing the most important changes in the processing and delivery of a Purchase, BANANA DROPS provides on the Site a tool that allows Customers to track the status of their Purchase (placed, under review, in transit, canceled, delivered, etc.) step by step. In case of doubt regarding the status presented by the tool, the Customer can contact BANANA DROPS through the channels of BANANA DROPS Customer Service.
10. Delivery
BANANA DROPS has a specific policy to regulate the procedures for delivering products purchased by Customers on the Site: Product Delivery Policy. This specific policy inseparably integrates these Terms and Conditions of Use.
11. Returns, Exchanges, and Refunds
BANANA DROPS has a specific policy to regulate the exchanges and returns of products purchased by Customers on the Site: Exchange and Returns Policy. This policy also includes provisions on the Right of Withdrawal. This specific policy inseparably integrates these Terms and Conditions of Use.
12. Warranties
Despite BANANA DROPS'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 content, functionalities, and tools are made available by BANANA DROPS as exposed and offered on the Internet, without any warranty, express or implied, regarding the following items:
(i) The Site or its content meeting the 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; and
(iv) Correction of defects, errors, or failures on the Site or its content.
BANANA DROPS reserves the right to unilaterally modify, at any time and without prior notice, the Site, as well as its configuration, presentation, design, content, functionalities, tools, or any other element of the Site, including its cancellation.
13. Responsibilities
BANANA DROPS engages its best efforts to inform, serve, and protect the User. The User is solely responsible for using the Site, its tools, and functionalities. Under no circumstances will BANANA DROPS or its directors, representatives, agents, employees, partners, or service providers be liable for any emergent, indirect, punitive, or exemplary damages, lost profits, or other monetary losses related to any claim, legal action, or other procedure taken regarding the use of the Site, its content, functionalities, and/or tools. Notably, BANANA DROPS's liability is excluded under the following circumstances, among others:
(i) Damages and losses that the User may experience due to the unavailability or partial operation of the Site and/or all or some of its services, information, content, functionalities, and/or tools, as well as due to the inaccuracy or inaccuracy of any of these elements;
(ii) Damages and losses that the User may experience on websites accessible via links included on the Site;
(iii) Price differences between the items available on the Site and those offered for sale on other BANANA DROPS websites, any company in BANANA DROPS's economic group, or physical stores that sell BANANA DROPS products throughout the national territory;
(iv) Damages and losses that the User may experience due to using the Site in non-compliance with these Terms and Conditions of Use or Policies;
(v) Damages and losses that the User may experience due to using the Site in non-compliance with the law, customs, or public order;
(vi) Damages and losses that the User may experience due to failures on the Site, including failures in the system, server, or network connection, or even malicious interactions such as viruses, software that may damage the equipment or access information on the User's equipment;
(vii) Damages and losses that the User may experience due to distortions that product images may present, noting the merely illustrative nature of such images; among others.
BANANA DROPS's liability for defects in products offered for sale on the Site is detailed in the Exchange and Returns Policy.
BANANA DROPS is a weight loss supplement formulated with natural ingredients. Results may vary from person to person and are not guaranteed. This product is not intended to diagnose, treat, cure, or prevent any disease. It is essential to consult a healthcare professional before starting any new supplementation program, especially if you have pre-existing medical conditions or are taking other medications. Banana Drops should be used in conjunction with a balanced diet and a healthy lifestyle. By using this product, you agree not to hold the company liable for any adverse effects or unmet results.
14. Links to Other Websites
The Site may contain links to third-party websites, which are inserted only for the User's convenience. The inclusion of such links does not imply any connection, monitoring, or responsibility of BANANA DROPS over the websites, their respective content, or owners. Access to the websites linked to such links is not governed by these Terms and Conditions of Use and is not protected by the Policies. BANANA DROPS recommends that the User consult the terms and conditions of use established by each website linked to the links included on the Site. BANANA DROPS will not be responsible, 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 website accessed through the links available on the Site.
15. Internet Applications or Computer Viruses
Due to technical difficulties, internet applications, or transmission issues, it is possible to have inaccurate or incomplete copies of the information contained on the Site. Computer viruses or other harmful programs may also be inadvertently downloaded from the Site. BANANA DROPS will not be responsible for any application, computer virus, or other harmful or invasive files or programs that may damage or affect the use of the User's computer or other assets due to access, use, or browsing on the Site, or the download of any material contained on it, being recommended the installation of appropriate antivirus or protective applications.
16. Intellectual Property Rights
Brands: The User is not authorized to use, under any form or pretext, the Brands, their partial or complete reproductions, or their imitations, regardless of the purpose of such use. The User agrees not to contest the validity of any Brand or any other distinctive sign deposited or registered by BANANA DROPS or any related companies, under any form, in Brazil or abroad. The User agrees to refrain from making any use of the Brands or their variations (including misspellings 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 emails. All other brands, product names, or company names that appear on the site are the exclusive property of their respective owners.
Content Ownership: All content on the Site, programs, databases, files, texts, photos, layouts, headers, and other elements - was created, developed, or assigned to BANANA DROPS, is owned by BANANA DROPS or licensed to it, and is protected by Brazilian laws and international treaties concerning intellectual property rights.
Prohibition of Use: By accessing the Site, the User attests that they will respect the existence and extent of BANANA DROPS's Intellectual Property rights, as well as all third-party rights used, in any way, on the Site or made available on the Site. Access to the Site and its regular use by the User does not grant any right or prerogative over any Intellectual Property, Brand, or other content included therein. The use, exploitation, imitation, reproduction, in whole or in part, of any content without BANANA DROPS's prior written authorization is prohibited. The creation of any derivative works of any BANANA DROPS Intellectual Property without BANANA DROPS's prior written authorization is also prohibited. It is expressly forbidden for the User to reproduce, distribute, modify, display, create derivative works, or any other form of use of any Intellectual Property or other content of this Site and the materials conveyed on or through the Site. The User who violates the prohibitions contained in intellectual property legislation and these Terms and Conditions of Use will be held civilly and criminally responsible for the committed infractions. BANANA DROPS 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 BANANA DROPS or third-party Intellectual Property or Brands, both civil and criminal.
Content Submitted by the Customer: By submitting any content to the Site, the Customer retains ownership of their rights over such content (texts, videos, images, audio, among others), granting BANANA DROPS a free, irrevocable, worldwide, and non-exclusive license to reproduce, modify, translate, and display it, by any means or form, including on the Site, also declaring that the Customer is the owner of all rights related to the mentioned content.
17. Communications and BANANA DROPS Customer Service
BANANA DROPS provides a Customer Service Center to receive all communications that the User wishes to make. The Customer Service Center operates through the communication channels listed below:
EMAIL: [email protected]
18. Duration
These Terms and Conditions of Use and the Policies have an indefinite duration and will remain in effect while the Site is active. The applicable version is the one updated immediately before access or Purchase. Similarly, access and use of the Site and the resources it offers have, in principle, an indeterminate duration, at the sole discretion of BANANA DROPS. However, BANANA DROPS reserves the right 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 prior notice.
19. Updates to These Terms and Conditions
BANANA DROPS may unilaterally revise, improve, modify, and/or update, at any time, any clause or provision contained in these Terms and Conditions of Use or Policies. The updated version will apply to the use of the Site and Purchases made from its disclosure by BANANA DROPS. Continuing access or use of this Site, after the disclosure of any changes, will confirm acceptance of the new Terms and Conditions of Use or the new Policies by the Users. If a Customer does not agree with a particular change to the Policies or Terms and Conditions of Use, they may terminate their relationship with BANANA DROPS by requesting the deletion of the Account on the Site or contacting BANANA DROPS Customer Service. This termination will not exempt the Customer from fulfilling all obligations assumed under previous versions of the Policies and Terms and Conditions of Use.
20. Miscellaneous
Partial Applicability: If BANANA DROPS fails to enforce or comply with any clause or condition contained in these Terms and Conditions of Use or Policies, such fact will not constitute waiver, tolerance, or novation of that clause or condition of these Terms or any Policy. If any clause or condition contained in these Terms and Conditions of Use or Policies is declared unenforceable, in whole or in part, such unenforceability will not affect the other clauses of the Terms and Conditions of Use and Policies. In this case, BANANA DROPS will make the necessary adaptations to reflect, as closely as possible, the terms of the provision declared unenforceable.
Product Characteristics and Health Risks: BANANA DROPS includes on the product offer page the information related to their characteristics and the risks they may pose to the health and safety of consumers. Before purchasing a product, the Customer must carefully read the usage and handling description on its page, as well as the age indication. In case of doubt, they should contact BANANA DROPS Customer Service.
Force Majeure and Acts of God: Neither Party will be held liable to the other when non-compliance or late compliance with an obligation provided in the Policies or these Terms and Conditions of Use is caused by acts of God or force majeure, while their consequences last.
Principle of Respect for Customers and Users: BANANA DROPS's principle of operation in physical and virtual environments is respect for the User, always acting in compliance with the provisions of the Consumer Protection Code (Federal Law No. 8078/90), the Internet Civil Framework (Federal Law No. 12965/14), and other regulations related to product commerce in the electronic environment.
21. Applicable Law and Election Forum
The Site is controlled, operated, and administered by BANANA DROPS and can be accessed by any device connected to the Internet, regardless of geographic location. Given the differences that may exist between local and national legislation, by accessing the Site, the User agrees that the applicable law for these Terms and Conditions of Use will be that in force in the Federative Republic of Brazil. BANANA DROPS and the User agree that the Central Court of the District of São Paulo, SP, Brazil, will be the sole competent authority to resolve any issue or controversy arising from or resulting from the use of the Site, expressly waiving any other, no matter how privileged it may be, or may become.
RETURN, EXCHANGE, AND REFUND POLICY
You may exchange your purchase at BANANA DROPS within 7 calendar days after receiving the purchase, at no additional cost. To do so, you must contact our Customer Service and request the exchange procedure. If the exchange is made outside this period or the product has been used, damaged, or is not in the original packaging, BANANA DROPS will not accept the exchange, and your purchase will be returned to you.
You can exchange for the same product or another product as long as the value is exactly equal to the value paid for the original product, subject to stock availability. The first exchange is free!
If you decide to return the entire order, the amount paid will be refunded. Refunds for a return will only be possible if made in accordance with our Return Policy.
IMPORTANT: To exchange or return, it is mandatory to present the purchase invoice. We do not exchange personalized items that do not show defects.
Exchange or Cancellation Request
Products purchased in the BANANA DROPS online store can only be exchanged through the BANANA DROPS online store Customer Service.
To request an exchange or return of the purchase, the account holder must call our Relationship Center.
Deadline for Exchange or Return Request
You have up to 7 calendar days after receiving the purchase to request an exchange or return if your product is unused.
Conditions for Exchange and Return
The product to be returned must be unused in its original packaging, accompanied by the purchase invoice. All returned products undergo an analysis by BANANA DROPS Quality Control when they arrive at our factory, which may take up to ten business days. The desired product for exchange and/or the refund of the paid amount will only be released after approval by our Quality Control. If any discrepancy or violation of the product is identified, we will not accept the return and will return the product to the sender without prior notice.
Return Procedure
The product's return to the factory will be carried out through posting via the Post Office with postage paid by BANANA DROPS. You will receive an email with all instructions for posting the product at any accredited Post Office branch at no cost. The product must be properly packaged according to the Post Office rules. The procedure is simple and speeds up the exchange process. We remind you that the new item or the refund of the paid amount will be made after the product returns to our factory.