Terms of service

OVERVIEW
Welcome to Castanha.pt! The terms “we”, “us” and “our” refer to Castanha.pt. Castanha.pt operates this store and website, including all related information, content, features, tools, products and services, with the aim of providing you with a personalised shopping experience. Castanha.pt is powered by Shopify, which enables us to provide you with the Services and Goods.

The terms and conditions below, together with any policies referenced here (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy at https://castanha.pt/policies/privacy-policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

 

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all information provided in our stores is accurate, current and complete, and that you have all the rights necessary to provide that information.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

 

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, the colours or appearance of products may differ from those displayed on your screen due to the type of device you use to access the store and your device’s settings and configuration.

We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or be the same as those presented or displayed in our online store.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographical region or jurisdiction on a case-by-case basis.

 

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Castanha.pt reserves the right to accept or reject your orders for any reason, at its sole discretion. Your orders will not be accepted until Castanha.pt confirms acceptance. We must receive and process your payment before accepting your order. Please check your order carefully before submitting it, as Castanha.pt may be unable to accommodate cancellation requests once an order has been accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.

Your purchases are eligible for return or exchange exclusively in accordance with our Refund Policy at https://castanha.pt/policies/refund-policy.

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

 

SECTION 4 - PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be specified in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping charges, handling charges, customs duties or import duties.

Prices displayed in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. Occasionally, we may offer promotions on the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion’s terms will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store. You agree to promptly update your account and other information, including your sender email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, accurate and complete, (ii) you are duly authorised to use that credit card for the purchase, (iii) the charges you incur will be honoured by your credit card company, and (iv) you will pay the charges you incur at the published prices, including shipping and handling charges and all applicable taxes, if any.

 

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. As soon as we hand the products over to the carrier, ownership and the risk of loss pass to you.

 

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including, without limitation, all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, as well as their design, selection and arrangement, are owned by Castanha.pt, its affiliates or licensors and are protected by US and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided here, nothing in these Terms grants or should be construed as granting you a licence or other rights under any patent, trademark, copyright or other intellectual property of Castanha.pt, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted here are reserved by Castanha.pt.

The Castanha.pt names, logo, product and service names, designs and slogans are trademarks of Castanha.pt or its affiliates or licensors. You must not use such trademarks without prior written permission from Castanha.pt. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are trademarks of their respective owners.

 

SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, over which we have no monitoring, supervision or influence.

You acknowledge and agree that we provide access to these tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability arising from or relating to your use of optional third-party tools.

Any use you make of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which the tools are provided by the relevant third-party provider or providers.

In the future, we may also offer new features through the Services, including the release of new tools and resources. These new features will also be considered part of the Services and will be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including any features embedded by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access those third-party materials or websites, you do so at your own risk.

We are not responsible for any harm or damage related to your access to any third-party website or your purchase or use of any products, services, resources or content on any third-party website. Please review the third party’s policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

 

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes Shopify’s relationship with your store and should not be removed or modified.]

Castanha.pt is powered by Shopify, which enables us to provide you with the Services. However, any sale or purchase you make in our Store is made directly with Castanha.pt. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Castanha.pt, including any injury, damage or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchases and transactions with Castanha.pt.

 

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be consulted at https://castanha.pt/policies/privacy-policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be consulted here. By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you provide to the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in a country other than the country where you live, so that we can provide services to you. Please consult our Privacy Policy at https://castanha.pt/policies/privacy-policy for further details about how we, Shopify and our partners use your personal information.

 

SECTION 11 - FEEDBACK
By submitting, uploading, publishing, emailing or otherwise sharing ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any purpose, including commercial use. We may, for example, use our rights under this licence to operate, provide, evaluate, improve, enhance and promote the Services, as well as to fulfil our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and will be under no obligation (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but are not obliged to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates a third party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive or obscene comments, or computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address to submit Feedback, pretend to be someone else or mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We accept no responsibility for any Feedback posted by you or any third party.

 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, shipping times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order.

 

SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local regulations, rules, laws or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any “junk mail”, “chain letter”, “spam” or any similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by us, may harm Castanha.pt, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that could be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext on the Services; (e) use any robot, spider, scraping tool, data collection and extraction tool, automatic device or process, artificial intelligence tool, such as agentic AI, or automated or manual means to access the Services; or (f) interfere with, circumvent or bypass security or authorisation features, robot exclusions or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

 

SECTION 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity and that may run on behalf of, or using the device of, a person without direct supervision.

14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements of section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.

14.3 We may limit, including through technical measures, whether and how any Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent’s name by including the following in the request’s user-agent string: “Agente/[nome do agente]”; (ii) not conceal or disguise that any access, use or interaction is from an Agent, such as by (a) imitating human behaviour and interaction patterns or (b) completing or bypassing CAPTCHA or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt seeking to determine whether interactions originate from a human or a computer; (iv) not circumvent or avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

 

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part of them, at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.