Terms of service
OVERVIEW
Welcome to HEPO!
HEPO and the website www.hepo.pt are owned and operated by HEPO - Herança Portuguesa, Unipessoal Lda. ("HEPO", "we" or "us"). All content on this website, including text, images, photographs, graphics, logos, design elements and other materials, is protected by intellectual property rights and is owned by HEPO or used with the authorization of the respective rights holders.
HEPO - Herança Portuguesa, Unipessoal Lda. provides access to this website and sells the products presented on it in accordance with the Terms and Conditions, Privacy Policy and other applicable policies published on this website.
The terms and conditions below, together with any policies referenced in this document (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 warranty disclaimers and limitations of liability.
When you visit, interact with or use 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 must not use or access our Services.
ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you declare that you have reached at least the age of majority in the state or province where you reside, and that you have given your consent for any of your minor dependents 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 declare and warrant that all information you provide in our stores is correct, up to date 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 activity on your account. You may not transfer, sell, assign or license your account to any other person.
OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or the appearance of the product may differ from how they appear on your screen due to the type of device used to access the store and its settings and configurations.
We do not guarantee that the appearance or quality of any products or services you purchase will match your expectations or be identical to those presented or illustrated in our online stores.
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 we may limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
ORDERS
When you place an order, you are making an offer to purchase. HEPO reserves the right to accept or refuse your order for any reason, at its sole discretion. Your order will not be considered accepted until HEPO confirms acceptance. We must receive and process payment before your order is accepted. Before submitting your order, please review it carefully, as HEPO may not be able to fulfill cancellation requests once the order has been accepted. If we do not accept, make changes to, or cancel an order, we will attempt to notify you via the email, billing address and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange only in accordance with our Refund Policy.
You declare and warrant that any purchases you make are for personal or household use and not for commercial resale or export.
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 indicated in your order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling or customs or import duties.
Prices published in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions on the Services, which may affect pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including email address, credit card numbers and expiration dates, so that we can complete 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 that credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and do not constitute guarantees. We are not liable for delays caused by carriers, customs processing or events beyond our control. Once we hand the products over to the carrier, title and risk of loss pass to you.
INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, as well as their design, selection and arrangement, are owned by HEPO, its affiliates or licensors, and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services only for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a license or other rights under any patent, trademark, copyright or other intellectual property of HEPO, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. HEPO reserves all rights not expressly granted herein.
HEPO's names, logos, product and service names, designs and slogans are trademarks of HEPO or its affiliates or licensors. You may not use these trademarks without HEPO's prior written permission. Shopify's 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 trademarks of their respective owners.
OPTIONAL TOOLS
You may be provided access to third-party tools as part of the Services, over which we exercise no monitoring, 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 have no liability arising from or related to your use of optional third-party tools.
Any use by you of the optional tools offered through the website is entirely at your own risk, and you should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms of Service.
THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties (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 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 damages or losses related to your access to any third-party websites, or your purchase or use of any products, services, resources or content on any third-party websites. You should carefully review third parties' policies and practices 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.
PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can review here, and certain personal information may be subject to Shopify's Privacy Policy, which you can review here. By using the Services, you confirm that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access and use of the Services in order to provide and optimize the Services. Information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in countries other than your country of residence, in order to provide you with services. Please review our privacy policy for more details on how we, Shopify and our partners use your personal information.
FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, optimize, improve and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that: (i) you own or have all rights necessary to any Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms. We have no, and will have no, obligation to (1) keep your Feedback confidential; (2) pay you compensation for the Feedback; or (3) respond to your 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, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that otherwise violates a third 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 any other personal or proprietary right. You further agree that your Feedback will not contain defamatory or unlawful, abusive or otherwise obscene material, nor will it contain any computer virus 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, 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 take no responsibility and assume no liability for any Feedback posted by you or any third party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or about the Services that contains typographical errors, inaccuracies or omissions relating 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 is inaccurate, at any time and without prior notice (including after you have submitted your order).
PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, to: (a) engage in any unlawful or malicious purpose; (b) violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) submit false or misleading information; (f) upload or transmit, or knowingly receive, upload, transfer, use or reuse any material that does not comply with these Terms; (g) transmit or facilitate the sending of any unsolicited or unauthorized advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (h) impersonate or attempt to impersonate any other person or entity; or (i) 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 HEPO, Shopify or the 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 will or 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; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine you have violated any part of these Terms.
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, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which, by their nature, should survive termination.
WARRANTY DISCLAIMER
Information presented on or through the Services is made available solely for general informational purposes. 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 any reliance placed on such materials by you, any other visitor to the Services, or by anyone who may be informed of any of its content.
EXCEPT AS EXPRESSLY STATED BY HEPO, 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 GUARANTEE, REPRESENT OR WARRANT 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.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEPO, 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 THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless HEPO, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will provide you notice of any claim subject to indemnification, provided that a failure to promptly notify shall not relieve you of your obligations hereunder, except in the case of material prejudice. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim requiring non-monetary obligations on your part without your consent (not to be unreasonably withheld). You will cooperate in the defense of any indemnified claims, including by making relevant documentation available.
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.
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 of 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 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.
ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you the Services shall be governed and construed in accordance with the federal, state or territorial courts having jurisdiction where HEPO has its established place of business. You and HEPO consent to venue and personal jurisdiction in such courts.
HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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 notify you of any material changes to these Terms as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.