Terms of Service

TERMS OF SERVICE

OVERVIEW

This website is operated by Orbe Primor. Throughout the site, the terms “we”, “us” and “our” refer to Orbe Primor. Orbe Primor offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are of the age of majority in your state or municipality of residence, or that you are of legal age in your state or municipality of residence, and that you have given us your consent to allow any of your minor dependents to use this site.

You must not use our products for any unlawful or unauthorized purpose. You also may not, while using this Service, violate any laws in your jurisdiction (including, without limitation, copyright laws).

You must not transmit any viruses or any destructive code of any kind.

Violation of any of these Terms will result in the immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse the Service to anyone, for any reason, at any time.

You understand that your content (excluding credit card information) may be transmitted unencrypted and may: (a) be transmitted across multiple networks; and (b) be altered to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission across networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, access to the Service, or any contact on the site through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and do not limit or affect the Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information provided on this site is inaccurate, incomplete, or outdated. The material on this site is provided for informational purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more current sources of information. Any use of the material on this site is at your own risk.

This site may contain certain historical information. Historical information may not be current and is provided for your reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products are subject to change without notice.
We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without prior notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. Such products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products appearing in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of products or services on this site is void where prohibited by law.

We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the quantity of products purchased per person, per household, or per order. Such restrictions may include orders placed using the same customer account, credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or phone number/billing address provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by retailers, resellers, or distributors.

You agree to provide complete and accurate account and purchase information for all purchases made at 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 when necessary.

For more information, please see our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools 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 not be responsible in any way for your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk, and you should familiarize yourself with and approve the terms of the tools provided by the third-party supplier(s).

We may also, in the future, offer new services and/or features through the site (including the release of new tools and features). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or its accuracy. We do not guarantee, and have no obligation or liability for, any third-party materials or websites, or any other third-party materials, products, or services.

We are not responsible for any damages or losses related to the purchase or use of goods, services, features, content, or any other transactions made in connection with any third-party websites. Please carefully review the policies and practices of third parties and ensure that you understand them before making any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third-party company.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you perform certain specific actions (for example, entering contests) or, without any request from us, submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, mail, or otherwise (collectively referred to as "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you submit to us. We are not responsible for: (1) maintaining any comments in confidence; (2) indemnifying for any comments; or (3) responding to any comments.

We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of third parties or these Terms of Service.

You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You agree that your comments will not contain defamatory, illegal, abusive, or obscene material. They will also not contain any computer viruses or other malware that may affect the operation of the Service or any related site. You may not use a false email address, impersonate anyone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility or liability for any comments posted by you or by third parties.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, 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 in the Service or on any related site is inaccurate, at any time and without prior notice (even after you have submitted your order).

We assume no obligation to update, modify, or clarify information in the Service or on any related site, including, without limitation, pricing information, except as required by law. No specific update or update date on the Service or any related site should be taken to indicate that all information in the Service or on any related site has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content to: (a) engage in any unlawful purpose; (b) solicit others to perform or participate in illegal acts; (c) violate any regulations, rules, laws, or local, international, federal, municipal, or state statutes; (d) infringe or violate our intellectual property rights or the intellectual property rights of third parties; (e) harass, abuse, insult, harm, defame, slander, discredit, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability; (f) provide false or misleading information; (g) send or transmit viruses or any other type of malicious code, which is or may be used in any way that affects the functionality or operation of the Service, any related sites, other websites, or the internet; (h) collect or track the personal information of third parties; (i) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) use for any obscene or immoral purpose; or (k) interfere with or circumvent the security features of the Service or any related sites, other websites, or the internet. We reserve the right to terminate your use of the Service or any related site for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not promise, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from using the service will be accurate or reliable.
You agree that, from time to time, we may suspend the service for indefinite periods or terminate it at any time, without prior notice to you.
You agree that your use of, or inability to use, the service is at your own risk. The service and all products and services delivered through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranty, or condition of any kind, express or implied, including all implied warranties or conditions of merchantability, quantity, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Orbe Primor, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any damages, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from the use of any of the services or any products purchased using the service, or for any other claim related in any way to any of the services or any products purchased using the service, or for any other claim related in any way to your use of the service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of the possibility of such damages.

As some states or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Orbe Primor and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party, arising out of or resulting from your violation of these Terms of Service or the documents incorporated by reference, or your violation of any law or the rights of third parties.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is deemed illegal, void, or unenforceable, such provision shall nevertheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable part shall be considered severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION

The obligations and responsibilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by you or by us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our website. If, at our sole discretion, you fail to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without prior notice, and you will remain responsible for all amounts owed up to the termination date; and/or, consequently, we may deny you access to our Services (or any part thereof).

SECTION 17 - 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, together with any policies or operational rules published by us on this site or in connection with the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any previous versions of the Terms of Service).

SECTION 18 - GOVERNING LAW

These Terms of Service shall be governed by and interpreted in accordance with the laws of Portugal.

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Portugal, without prejudice to the mandatory consumer protection laws applicable in the buyer's country of residence.

SECTION 19 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or change these Terms at any time.

Your continued use of the website constitutes acceptance of those changes.