Terms of service
Aqui está a tradução completa:
TERMS OF SERVICE
OVERVIEW
Welcome to Spuvara! The terms "we," "us," and "our" refer to Spuvara. Spuvara operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalized shopping experience (the "Services"). Spuvara is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), govern your rights and responsibilities as a user of the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including waivers 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 [LINK]. 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 you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or otherwise 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 required to provide certain information, such as your email address, billing information, payment, and shipping details. You represent and warrant that any information you provide on our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other party.
SECTION 2 - OUR PRODUCTS
We have made every effort to display the colors and images of our products that appear at the Services as accurately as possible. We cannot guarantee that your device's display of any color, image, or content will accurately reflect the appearance of the products.
We do not warrant that the quality of any products, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
All descriptions of products 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 that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
By placing an order, you are making an offer to purchase. Spuvara reserves the right to accept or decline your order for any reason, at our sole discretion. Your order is not accepted until Spuvara confirms acceptance. We must receive and process your payment before we accept your order. Please carefully review your order before submitting it, as Spuvara may be unable to accommodate cancellation requests once an order has been accepted. Should we not accept, change, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or telephone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your personal or household use, and not for resale or exportation.
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 at the time the order is placed, and will be set out in your order confirmation email. Unless otherwise expressly stated, prices displayed do not include taxes, shipping charges, handling, customs, or import duties.
Prices offered on our Services may be different from those offered in physical stores, or in online or other stores operated by third parties. Occasionally, we may offer promotions on our Services that may affect pricing and that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion's terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made on our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for any delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we deliver the products to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including without limitation all trademarks, marks, text, displays, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof, are owned by Spuvara, our affiliates, or licensors, and are protected by U.S. and international copyright, patent, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of Spuvara, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Spuvara.
The Spuvara name, logo, product and service names, designs, and slogans are trademarks of Spuvara or our affiliates or licensors. You must not use such marks without our prior written permission. 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 on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools as part of the Services, over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Services (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to third-party websites or resources (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to any third-party website, or to your purchase or use of any products, services, resources, content, or any other transactions made in connection with any third-party website. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - SHOPIFY'S RELATIONSHIP
[MERCHANT NOTE: This section accurately describes Shopify's relationship to your store and should not be removed or modified.]
Spuvara is powered by Shopify, which enables us to provide the Services to you. However, any purchase you make through our Store is made directly with Spuvara. When you use the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Spuvara, including any injury, harm, or damage arising from your purchase of products or services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchase and transaction with Spuvara.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed 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 who may be located in a country other than the one in which you reside, so that we can provide the Services to you. Please see our Privacy Policy [LINK] for further details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
By submitting, uploading, posting, emailing, or otherwise sharing ideas, suggestions, feedback, reviews, proposals, plans, or other materials (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services, as well as to fulfil our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that: (i) you own or otherwise control all rights to any Feedback you provide; (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 have and will have no obligation to (1) keep any Feedback confidential; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous, unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We have no responsibility, and assume no liability, for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 on the Services is inaccurate at any time without prior notice, including after you have submitted your order.
SECTION 13 - PROHIBITED USES
You are permitted to use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, to: (a) for any unlawful or malicious purpose; (b) to violate any local, state, provincial, federal, or international law, regulation, or ordinance; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or re-use any material that does not conform to these Terms; (g) to transmit, or procure the sending of, any unsolicited advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other 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 which, as determined by us, may harm Spuvara, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape the Services; (e) use any robot, spider, scraper, data-scraping tool, automated device or process, artificial intelligence tool (such as agentic AI), or any other automated or manual means to access the Services; or (f) interfere with, circumvent, or evade the security-related, authorization, robot-exclusion, or other measures we employ to restrict access to the Services. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable, or cause 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 direction of, any person or entity, and which may be run on behalf of, or using the device of, a person, without direct human oversight.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself 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 the Agent to refrain from accessing, using, or interacting with any Service.
14.3 We may limit, including via technical measures, if 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 name of the Agent by including the following in the user agent string of the request: "Agent/[agent name]"; (ii) not conceal or disguise that any access, use, or interaction is from an Agent, such as by (a) mimicking human behavior or interaction patterns or (b) completing or bypassing CAPTCHA or measures designed to distinguish computer use from human use; (iii) truthfully respond to any question or prompt seeking to determine whether interactions are from a human or a computer; (iv) not circumvent or avoid any measure we use to block, limit, modify, or control if 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 thereof) at our sole discretion, at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive 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.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information on the Services is provided on an "as is," "as available" basis for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from your reliance on such materials, or the reliance by any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, GUARANTEE, OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Spuvara, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, payable to any third party, due to or arising out of (1) your breach of these Terms of Service or the documents referenced herein, (2) your violation of any law or the rights of a third party, or (3) your use of the Services.
We will notify you of any claim subject to indemnification, provided that a failure to promptly notify you shall not relieve you of your obligations, except to the extent you are materially prejudiced by such failure. We may control the defense and settlement of any such claim at your expense, including choice of legal counsel, but we will not settle any claim requiring non-monetary obligations on your part without your consent, which will not be unreasonably withheld. You must cooperate with the defense of indemnifiable claims, including by providing relevant documentation.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement, or any of your rights or obligations hereunder, without our prior written consent, and any attempted delegation, transfer, or assignment without such consent shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Spuvara is based. You and Spuvara agree to submit to the personal and exclusive jurisdiction of the courts located in that jurisdiction.
SECTION 23 - HEADINGS
Section headings used in this Agreement are for convenience only and will not be given any legal import.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will provide notice of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to our Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@spuvara.com.
Our contact information is set out below:
[INSERT BUSINESS NAME]
info@spuvara.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT COMPANY REGISTRATION NUMBER]
[INSERT TAX IDENTIFICATION NUMBER]