General Terms and Conditions for advertising on the Maná Marketplace website

General Terms and Conditions for advertising on the Maná Marketplace website

These General Terms and Conditions of Use aim to regulate and discipline the use of the services that MANÁ MARKETPLACE, a company duly registered with the CNPJ/MEI under no. 39.643.186/0001-32, located at Rua Marechal Mascarenhas de Morais, number 34 , Nossa Senhora de Fátima, São Lourenço - MG, CEP: 37470-000, hereinafter simply referred to as Maná, offers through its website www.manamarketplace.com.br (“Site”).

Acceptance of the General Terms and Conditions of Use, and all other policies and principles that govern it, is an essential condition for any person, natural or legal, who wishes to use the Website and the respective services provided by Maná. Anyone who does not agree with the General Terms and Conditions of Use must refrain from using the services offered by Maná.

The use of any of Maná's services, whether a service already available or one that will be made available in the future, assigns the status of user ("User") to the person using them.

The User expressly declares that, before registering on the website (as a Maná User), he has carefully read the General Terms and Conditions of Use, and its Privacy Policy, thus certifying that he has understood and accepted all the conditions established herein , as well as in other documents indicated therein.

It is hereby established that, in addition to what is set out here, an integral part of these General Terms and Conditions of Use is any rules or policies that are disclosed by Maná, applicable to the services offered, or, even, to any other services that will be provided by it in the future. made available, including, but not limited to, any additional terms and conditions.

Acceptance of the General Terms and Conditions of Use will be made expressly when registering with Maná, whereby the User will express their agreement with the General Terms and Conditions of Use presented by clicking on the option that “confirms your acceptance”.

I - The Object
The service provided by Maná, which is the subject of these General Terms and Conditions, consists of: (i) offering and hosting spaces on its Website for Users to advertise their products for sale; and, (ii) enable direct contact between the selling User and the purchasing User, who is interested in purchasing the advertised product, through the disclosure of contact details from one party to the other.
In this way, it allows registered Users, through Maná, to communicate indirectly, with intervention from Maná itself in the negotiation and finalization of the agreed operation.

II - Any changes to these General Terms and Conditions of Use and other features of the Website.

These Terms may at any time, and regardless of any prior notification, be changed by Maná with the aim of improving the services provided, or even to comply with legal requirements.
In this case, the new Terms will be published by Maná on its Website, and will come into force within 15 (fifteen) days, counting from the aforementioned publication. Within the same period, Users must formally and in writing (e-mail) express their non-agreement with the changes made, in which case, the contractual relationship between Maná and the User will be immediately terminated, unless the existence of outstanding debts. If the User does not respond within the set period, the new Terms will be deemed to have been accepted by the User, and thus the legal relationship between the parties will be renewed.
It is established that any modification that results in changes to advertisements already broadcast and/or ongoing negotiations when the new Terms are published by Maná will be governed, only in these cases, according to the wording in force at the time of the events.
Maná may, at its sole discretion, make changes with the aim of creating, altering or suppressing any and all types of tools and/or functionalities on the Website, establishing, accordingly, the charging of fees to its Users, as long as they , previously informed, express their consent. If the User disagrees with what is established, the contractual relationship will be considered terminated, except in the case of the existence of outstanding debts.

III – Conditions for registration and use of Maná services

The use of the services made available by Maná is subject to the capacity to hire it and, therefore, will only be admitted upon completion of registration by individuals or legal entities, which hold it in accordance with current Brazilian legislation.
Registration and use of Maná services is prohibited: (i) by any person, natural or legal, who does not have full legal capacity to enter into a legal transaction with Maná or third parties; and/or (ii) is a User who has had their registration temporarily suspended or permanently excluded from Maná or who is prevented from accessing the website due to any legal or contractual sanctions that have been imposed on them.

IV - User Registration

The use of Maná's services must be preceded by acceptance of the General Terms and Conditions of Use and the subsequent and necessary registration by the User himself, where he will expressly agree to the provision of his personal data to Maná -- by completing all the mandatory fields indicated – so that it can carry out the services contracted. Maná, upon express and formal authorization from the User, will process the personal data of its Users, under the terms established by Law No. 13,709/18 (“General Data Protection Law” or “LGPD”). The user is fully aware that Maná may continue processing Personal Data as long as the User is registered, and, therefore, the purpose for using their personal data is necessary. It also clarifies that personal data will be stored, for the legal period, to comply with legal obligations, execute contracts, and also defend any legal claims that may be presented to them.
The User undertakes to always keep the data entered in their registration (“Personal Data”) up to date, thus acting to always keep them accurate, precise and true.
Maná, upon registration, in compliance with the relevant legislation, will submit the personal data (“Personal Data”) – provided by its Users – for standard validation, which, in turn, will not eliminate the exclusive responsibility of the Users for its correction.
Users guarantee and, therefore, respond individually in any circumstance, civilly and criminally, for the veracity, accuracy and authenticity of the registered Personal Data.
The Maná User identified through the registration of personal information will be able to register the products for sale on the Maná website. Users undertake not to inform third parties of this personal and non-transferable data, which is confidential, being fully responsible for any improper or unauthorized use made of them.
The User who uses Maná's services declares that they will not use any word that bears any similarity to the name Maná, its brand, domain name or other intellectual property, nor may any other term be used that insinuates or indicates that the The advertised products belong to or have any relationship with Maná.
Likewise, Maná is entitled, at its sole discretion and regardless of prior notification, to exclude names that violate current legislation, that mislead third parties, that violate third party rights, including copyright, intellectual property and others that are considered offensive or abusive.
Maná may, at its sole discretion, reject any registration request and suspend, temporarily or permanently, or even cancel the respective registration, even if previously accepted, which is in disagreement with the policies and rules of these General Terms and Conditions of Use and Brazilian legislation in force, and which, as the case may be, are applicable.
The User declares to be solely responsible for the veracity and for any and all content that appears in their advertisements on the Maná Website, therefore exempting Manáde from any responsibility in this regard.
If required by Maná, under penalty of applicable applicable law, the User agrees within 48 (forty-eight hours), counted from receipt of the relevant notification, to present additional data and/or documents that may be necessary, for verification purposes. and validation of your registration data.
In the event that the User fails to comply with the request sent by Maná, Maná, in a unilateral and discretionary manner, may carry out research that may be necessary to determine and obtain the relevant data and information, and also, at its sole discretion, temporarily suspend the User's account, and their respective advertisements, until the incompatibility that may have been verified is clarified.
If the inaccuracy or incompatibility of the registration data provided by the User is confirmed, and it is not corrected by the User (User) within a period of up to 05 (five) days, Maná, regardless of prior notification, may definitively cancel the User's account, not providing any compensation or reimbursement, without prejudice to the adoption by Maná of ​​other sanctions and measures that it deems necessary and opportune.
The application of any of the sanctions referred to above will automatically and immediately result in the cancellation of all advertisements by the respective User, without, for any reason, receiving any compensation or reimbursement.
Maná reserves the right to prevent or cancel, as soon as verified, the registration of Users whose previous registration has been temporarily suspended or canceled due to violation of these General Terms and Conditions of Use and current Brazilian legislation.
Maná will only authorize the creation of 01 (one) registration per User, duplication of registrations being prohibited, which, if found, will result in the immediate and definitive cancellation of all User registrations, and, consequently, in the immediate cancellation of all its advertisements, regardless of prior notification, without providing any compensation or reimbursement, without prejudice to the application by Maná of ​​other measures and sanctions that it deems necessary and appropriate.
Upon registration, the User expressly authorizes Maná to forward, to their home and/or registered electronic address (e-mail), commercial and/or advertising information about their activities. The User may, at any time, express their intention to terminate this authorization, which must be formalized in writing.

V – Products sold at Maná

Maná does not authorize the publication of advertisements for products that violate and/or are prohibited, as established in current Brazilian legislation and in these General Terms and Conditions of Use, which, if verified by Maná, by its own means or when notified by third parties, will result in its immediate removal.
Maná will provide Users with space to display their product sales advertisements, in specific categories. Advertisements may contain photos, videos, texts and any and all other information that is relevant and absolutely corresponds to the product offered. The selling User declares that by including a product for sale on the Maná Website, he has the right to display and dispose of the respective product and hereby ratifies his unequivocal intention to do so, in addition to having it available for immediate delivery to the Buyer user.
When applicable, the selling User, in accordance with current legislation, must include in the advertisements published on Maná a description of the taxes levied on the agreed transaction. In the event that the selling User violates the provisions of this clause, Maná, regardless of any notification, may, at its sole discretion, request the editing of the advertisement, within a period to be defined, or, even, request the removal of the respective advertisement, without prejudice to the application of other applicable measures and sanctions.
The services provided by Maná do not have a fixed term, which is why the User acknowledges that Maná reserves the right, at any time, to interrupt any of the services offered, and even the Website itself.

VI – Payment

Maná uses the services of the company "YAPAY" to process payments. As soon as the customer purchases a product displayed on the Maná Website, the Payment Gateway releases the purchase amount within 30 days. After payment is released, the company Maná will make the transfer to the current account registered within 24 hours in the seller's profile.

VII - Products sold by Users on the Maná Website.

VII.1. Validation of products presented by Users.
Maná aims to offer and host spaces on its Website for its Users to make products available for sale -- without their direct or indirect intervention -- of products of a strictly artistic nature: antiques, works and objects of art.
For the product to be advertised on the website, the advertiser must fill out all the information requested in the works insertion questionnaire, and include photos of the works and the certificate. The certificate, to be valid, must be notarized or digitally signed by a notary.
In this way, Maná's advertised products will be preliminarily subjected to evaluation and prior analysis, and if approved, they will be published on the Website.
Maná, unilaterally and at its discretion, reserves the right to reject the publication of a product advertisement that, according to the internal guidelines of its Board, does not meet the established quality requirements, or that may in any way cause damage to its reputation and services provided by it.
The approval of a particular product will not entail, on the part of Maná, any type of guarantee regarding the quality, authenticity or delivery of the advertised product, which will remain the exclusive responsibility of the selling Users.

VII.2. NFT.
The owner and/or collector who wishes to sell will be responsible for testing the Wallet and transferring the NFT to the buyer's Wallet. The buyer's Wallet Code will be made available as soon as the purchase is made.
VII.3. Seller based outside of Brazil.
The seller of a work of art who advertises outside Brazilian borders will be responsible for bearing the costs of shipping the merchandise to the customer's address.

VIII - Maná's Price and Tariff Policy
Maná does not require fees (fees) from Users to register on the Site, however, in return for the services provided, it charges the Seller User the so-called sales fee, which will be specified below.
The Seller User declares for all purposes that he accepts what is contained in the Price and Tariff Policy, considered as an integral part of the General Terms and Conditions of Use, and, therefore, agrees to pay Maná the amounts set out here (sales fee) .
Maná reserves the right, in a discretionary and unilateral manner, to modify, increase or eliminate the current rates required of its Users.
Users, in accordance with the General Terms and Conditions of Use, will be informed in advance about the change in tariff policy, and will therefore be able, within the set period, to express their consent, in which case the contractual relationship will be renewed, or, furthermore, their disagreement, when the existing relationship between the parties will be considered terminated.
VIII.1. – Sales Fee
Maná requires a percentage (%) from registered Sellers for the provision of sales intermediation services on each product that has been advertised and sold on the Site, hereinafter referred to simply as sales fee. Maná establishes specific percentages, depending on the values ​​of the products that have been sold by its selling Users:
(A) From R$0.00 to R$3,000.00 (Three thousand reais) - 35% (Thirty-five percent).
(B) From R$3001.00 (Three thousand and one reais) to R$15,000.00 (Fifteen thousand reais) - 30% (Thirty percent).
(C) Above the value of R$15,001.00 (Fifteen thousand and one reais) - 25% (Twenty-five percent)

The reference rate will be calculated on the sales price of each of the products advertised and sold by the Seller.
The fee due will be the one in force when the operation is completed.
If the Seller User makes a product available for inclusion on the website that has more than one unit, the sales fee will be individually calculated and due when each of the advertised products is sold.
The Seller User authorizes Maná to deduct from the amount paid by the Buyer User, for the acquisition of the object, the Sales Fee in the percentage indicated above, which will be retained by the aforementioned company, in return for the services provided. The sales fee will be charged on completed transactions.

VIII.2. Fees charged by third parties (Yapay)
In accordance with Maná's Terms and Conditions of Use, when making a purchase, the Buyer User will use the payment processing service provided by the company YAPAY, in which case the agreed operation will be subject to the cancellation policy of said company. The fees charged by the YAPAY payment manager are already included in the Service Provision Fees.
VIII.3. Release of money to the Seller
The release of money for the sale of the product will only be made after a maximum of 30 days, fulfilling the following requirements:
Send the product correctly without damage;
Make the tracking code available to Maná Marketplace;
The buyer does not request the return of the product within 7 (seven) days, counted from receipt, in accordance with the Consumer Protection Code (art. 49).
If the seller is based outside of Brazil, the release will be made after 30 days, counting from the day of purchasing the product on the website.


IX – Cancellation and Return Policy.
The sale of products by Users, advertised on the Maná Website, must follow the provisions of this Clause, under penalty of application of applicable extrajudicial or judicial sanctions.
Maná reserves the right to only authorize the transfer of amounts paid by the purchasing User to the selling User for the product, after the expiry of a maximum period of 30 (thirty) days, counting from the date of receipt of the aforementioned product by the purchasing User. After the aforementioned deadline has passed, the commercial operation will be considered completed and the transfer will be carried out definitively.
Therefore, if the selling User does not send the work of art within 5 (five) business days or is notified of the return request or expression of right of withdrawal within 7 (seven) days, counting from the date of receipt of the product by the Buyer User, the seller User will be informed of the respective return request made by the buyer User, and Maná will be responsible for refunding the money to the buyer user. The Buyer User must also bear all shipping costs, as provided for in the Consumer Protection Legislation of the Federative Republic of Brazil, and in these General Terms and Conditions of Use. The Seller User must also, within the same period, counted from receipt of the product, arrange the refund of the amounts received.
In the event that the product has not been sent by the Seller User to the buyer, within 5 (five) business days, once the cancellation request has been formalized by the Buyer User, the Seller User will be notified and Maná, within 03 (three) days , will refund the amounts received.
The request to withdraw from the purchase made, and the respective consent thereto, will only be accepted when, and only if, formalized in writing and within 07 (seven) days, counted from receipt of the product by the purchasing User.


X- General provisions.
The General Terms and Conditions of Use and their acceptance by Users do not generate any type of corporate, associative link, and, above all, any type of corporate, commercial, tax, labor, social security or other legal liability, nor alienation or succession between the Maná and the User, or even before third parties.
In the event that the Parties, at any time, do not apply the applicable penalty resulting from delay or breach of contractual or legal provisions, forgive a breach committed, reduce the value of the contractual penalty, or in any way, perform any acts for the benefit of the other Party, referred to procedures will not be characterized as contractual novation, but merely as mere liberality, by virtue of which no obligation will remain constituted.
The declaration of nullity or annulment of any clauses of this contract will not affect the other provisions contained in this instrument.
All documents referred to herein and incorporated herein by reference are an integral and inseparable part of these General Terms and Conditions of Use. Such documents can be consulted on the website itself, by clicking on the corresponding hyperlink throughout the text.


XI - Applicable legislation and Forum of election
All items in these General Terms and Conditions of Use are governed by the laws in force in the Federative Republic of Brazil.
For all matters relating to the interpretation, compliance or any other question related to these General Terms and Conditions of use, the parties elect the Forum of the City of São Lourenço - MG to the exclusion of any other, however privileged it may be, with the exception of complaints presented by Users who fall within the legal concept of consumers, who may file such complaints in the court of their domicile.
XII - Address for sending correspondence
All notifications and notices related to these General Terms and Conditions of Use must be made in writing, addressed and/or delivered to the Parties at their electronic addresses, at their physical addresses, or at another address that one of the Parties comes to to be communicated to the other, at any time, during the period of validity of the contractual relationship.