Terms of service
OVERVIEW
Welcome to Silva Verde! The terms "we", "us" and "our" refer to Silva Verde. Silva Verde operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Silva Verde is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers 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. If you do not agree to these Terms of Service or Privacy Policy, you should 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 country 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 manage.
To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. 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. However, colours or product appearance may differ from how they appear on your screen due to your device type and settings.
We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted 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 quantities available to any person, geographic region or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Silva Verde reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Silva Verde confirms acceptance. We must receive and process your payment before your order is accepted.
Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
All prices displayed on our store are inclusive of applicable VAT, in accordance with EU consumer law. Shipping costs, where applicable, are displayed separately at checkout.
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
You agree to provide current, complete and accurate purchase and payment information for all purchases. You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use such payment method, and (iii) charges incurred by you will be honoured by your payment provider.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by Silva Verde, its affiliates or licensors and are protected by Portuguese and EU intellectual property laws, including Directive 2001/29/EC and applicable national legislation.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. All rights not expressly granted herein are reserved by Silva Verde.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We provide access to such tools "as is" and "as available" without any warranties of any kind. Any use of optional third-party tools is entirely at your own risk.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content or accuracy of any third-party websites. If you leave our Services to access third-party sites, you do so at your own risk. Complaints regarding third-party products or services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[This section accurately characterises Shopify's relationship with your store and should not be removed or modified.]
Silva Verde is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Silva Verde. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Silva Verde. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Silva Verde.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
SECTION 11 - FEEDBACK
If you submit any ideas, suggestions, feedback, or reviews ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose. You represent and warrant that you own or have all necessary rights to all Feedback submitted.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors and to change or update information at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to infringe intellectual property rights, to transmit false or misleading information, to spam or phish, or to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
SECTION 14 - AGENTS
This section applies if you use, allow, enable, or cause the deployment of an automated agent to access, use, or interact with any Services. No agent may access the Services unless it identifies itself in all HTTP/HTTPS requests, does not conceal or obfuscate that interactions are from an agent, and does not circumvent any measure intended to block or limit agent access.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. Sections on Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law will survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE EU AND PORTUGUESE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE EU AND PORTUGUESE LAW, SILVA VERDE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES. NOTHING IN THESE TERMS LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Silva Verde, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable under applicable law, that provision shall be severed and the remaining provisions shall continue in full force and effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Services.
SECTION 21 - ASSIGNMENT
You may not transfer or assign this Agreement or any of your rights without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of Portugal and applicable European Union law. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Funchal, Madeira, Portugal, without prejudice to your rights as a consumer under applicable EU law, including the right to bring proceedings in your country of residence.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right to update or replace any part of these Terms of Service at any time. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following any changes constitutes acceptance of those changes. You can review the most current version at any time on this page.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Silva Verde silvaverde.info@gmail.com Caminho das Virtudes, Edif. Século XXI, Bloco E, BR, 9000-163 Funchal, Madeira, Portugal +351 917 770 579 NIF: PT289103827