Terms of service
Last updated: August 24, 2026
Welcome to BABALU Fishing Tackle. These Terms of Service regulate access to and use of the babalu.pt website, the online store and the services, content, functionalities and products available there, collectively referred to as “Services”.
The Services are provided by Luís Miguel da Costa Ferreira, holder of the NIF/VAT PT219263752, with professional address at Avenida do Atlântico, N.º 16, Office 2.01, 1990-019 Lisbon, Portugal, which operates under the brand BABALU Fishing Tackle, hereinafter referred to as “BABALU”.
By visiting the website, creating an account, making a purchase or using any part of the Services, the user confirms that they have read, understood and accepted these Terms, as well as the Privacy Policy, the Cookie Policy and other applicable policies. If you do not agree to these Terms, you should not use the Services.
These Terms do not limit or exclude any mandatory rights enjoyed by the consumer under Portuguese law, the European Union or other consumer protection legislation that is mandatorily applicable.
1. ACCESS AND ACCOUNT
To use certain features, you may need to create an account or provide contact, billing and delivery details. The user undertakes to provide true, complete and updated information and to correct any relevant changes.
The user is responsible for maintaining the confidentiality of the account credentials and for all activities carried out through it, except when unauthorized use is not attributable to him. You should immediately contact BABALU at hello@babalu.pt if you suspect unauthorized access, loss of credentials or any security incident.
The user declares to be of sufficient age and legal capacity to enter into contracts. If you act on behalf of a company or other entity, you represent that you are authorized to bind it to these Terms.
2. PRODUCTS
BABALU seeks to accurately present product descriptions, images, characteristics, dimensions, colors and availability. However, colors and other visual elements may vary slightly depending on the screen, lighting conditions, production batch or other reasonable circumstances.
All products are subject to availability. BABALU may limit quantities, withdraw products, change non-essential features or discontinue items, as long as this does not harm orders already accepted or legally acquired rights.
Products intended for consumers benefit from applicable legal guarantees of conformity. No description, notice or provision of these Terms excludes or reduces these warranties or other mandatory rights of the consumer. See the Legal Guarantee and Compliance page and the Product Safety information.
3. ORDERS
The presentation of products on the website constitutes an invitation to submit proposals and not a binding contractual proposal. When completing an order, the customer presents a purchase proposal. The contract is considered concluded when BABALU confirms acceptance of the order or begins processing it, whichever comes first.
BABALU may refuse or cancel an order before its acceptance in the event of unavailability, manifest error in price or description, well-founded suspicion of fraud, non-compliance with these Terms, legal restrictions or impossibility of delivery. If a payment has already been made, the corresponding amount will be returned using the same payment method, unless otherwise agreed or legitimate technical impossibility.
This option will only be exercised to the extent permitted by applicable mandatory legislation. In particular, it does not authorize BABALU to unilaterally cancel an order, change the contracted price or depart from the protection mechanisms provided for distance contracts when the law of the consumer's place of residence — including the legislation applicable in Quebec — does not allow it.
The customer must check the order details before confirming it, including products, quantities, variants, address and contacts. The conditions applicable to cancellations, returns and refunds are found in Returns and Refunds Policy, without prejudice to the legal right to free resolution and the respective exceptions.
4. PRICES AND BILLING
Prices are displayed in the currency of the selected market. The website and checkout will indicate, as applicable, whether taxes are included and what shipping, customs duties or other charges are due. The total amount payable is displayed before order confirmation.
BABALU may change prices at any time, but this change does not affect orders already accepted. If a clear error in pricing or calculation is detected before accepting the order, BABALU will contact the customer and act in accordance with applicable legislation. When the law allows it, you may propose confirmation of the purchase at the correct price or cancellation free of charge; when this is not permitted, the contracted price and the consumer's imperative rights will be respected.
The customer authorizes charging using the selected payment method and declares that he or she is legitimately authorized to use it. The availability of a payment method may depend on the country, currency, device, purchase amount and payment providers involved.
When store credit is available, its issuance and use are also subject to the Store Credit Terms. Store credit does not reduce legal rights to a refund via the original payment method where such rights apply.
5. SHIPPING AND DELIVERY
Available delivery options, costs and estimates are displayed in the cart or during checkout, according to the destination, products and availability of transport services. Unless the law provides otherwise or a binding date has been expressly agreed, the deadlines indicated are estimates and may be affected by circumstances beyond the reasonable control of BABALU.
The customer is responsible for providing a complete and correct address and for ensuring that the delivery can be received. An order can be split into several shipments when necessary.
In sales to consumers, the risk of loss or damage passes to the consumer when the consumer, or a third party indicated by the consumer other than the carrier, acquires physical possession of the goods. If the consumer directly hires a carrier that has not been proposed by BABALU, the risk is transferred at the time of delivery of the goods to that carrier, without prejudice to the consumer's rights against that carrier.
For additional information about preparation, delivery methods, tracking, delays, customs and missed deliveries, please refer to Shipping and Delivery Policy.
6. INTELLECTUAL PROPERTY
The website and its contents, including brands, logos, texts, photographs, images, videos, graphics, descriptions, interfaces, code and design elements, belong to BABALU, Shopify or their respective owners and are protected by applicable intellectual property legislation.
The user is granted a limited, personal, non-exclusive, non-transferable and revocable right to access and use the Services for lawful and non-commercial purposes related to the consultation and purchase of products. Without written authorization, you may not copy, reproduce, modify, distribute, sell, license, commercially exploit, reverse engineer or create derivative works of the content or technology of the Services, except when expressly permitted by law.
7. OPTIONAL TOOLS
BABALU may make available tools or functionalities provided by third parties. These tools may be subject to the terms and policies of their respective providers and are used at the user's option and responsibility.
To the extent permitted by law, these tools are provided as is and as available. Nothing in this section excludes your legal rights or liability that cannot be excluded by law.
8. THIRD PARTY CONNECTIONS
The Services may include links to third-party websites, applications or resources. BABALU does not control these resources and is not responsible for their content, practices or policies, except where the law imposes liability.
Before using an external service or carrying out a transaction with a third party, the user must consult the respective terms and policies. Questions regarding third-party products or services must be directed to the corresponding supplier, without prejudice to the rights that the customer may exercise before BABALU.
9. RELATIONSHIP WITH SHOPIFY
The online store is hosted and supported by Shopify, which provides the technological infrastructure used to provide the Services. Purchases made in the store are made with BABALU, which is the selling entity and responsible for fulfilling the obligations arising from the sale.
Shopify is not the seller of BABALU products and does not assume the contractual obligations of BABALU towards the customer, without prejudice to its own responsibilities that may arise under the law and its services.
Shopify processes data when the user visits or purchases in the store and can provide Advanced Services through Shopify Network Intelligence. These services may use information resulting from your interactions with BABALU, Shopify and other Shopify merchants, namely for security, performance, personalization, measurement and advertising.
To provide the Services, information may be disclosed to Shopify and to third parties located in other countries, subject to the applicable safeguards. Processing, consent choices and data-subject rights are explained in the Privacy Policy, the Consumer Privacy Policy of Shopify and the Privacy Portal of Shopify.
10. PRIVACY POLICY
The processing of personal data by BABALU is described in the Privacy Policy. The use of cookies and similar technologies is described in the Cookie Policy. Shopify and other providers necessary for the operation of the store may also process personal data in accordance with their respective policies and applicable legislation.
When using the Services, data may be processed in countries other than the user's country of residence, subject to legally required safeguards. For questions about privacy or exercising rights, please contact hello@babalu.pt.
11. COMMENTS AND SUGGESTIONS
If the user voluntarily sends ideas, suggestions, evaluations, proposals, photographs or other materials, they grant to BABALU, to the extent that it holds the necessary rights, a non-exclusive, worldwide, free license for the legal term of protection to use, reproduce, adapt, publish and disseminate these materials within the scope of the brand's activity.
This license does not transfer ownership of the materials or authorize uses that are contrary to the law, personal rights or reasonable expectations created in the context of submission. The user guarantees that the materials are legal, do not violate the rights of third parties and do not contain malicious or misleading content.
12. ERRORS, INACCURACIES AND OMISSIONS
The website may occasionally contain typographical errors, inaccuracies or omissions related to descriptions, prices, promotions, availability, shipping or deadlines. BABALU may correct this information and update the Services at any time.
When a correction materially affects an order already placed, BABALU will inform the customer and, if necessary, request new confirmation or proceed with cancellation and refund. This option does not limit the consumer's legal rights or allow unilateral changes to a contract already concluded to the detriment of the customer.
13. PROHIBITED USES
Using the Services is prohibited for:
- practice, promote or facilitate illicit or fraudulent activities;
- violate intellectual property rights, privacy, personality or other rights of third parties;
- transmit viruses, malicious code or other elements likely to affect the Services;
- collect or exploit personal data without legal basis;
- perform phishing, identity fraud, social engineering or payment manipulation;
- harass, threaten, defame or discriminate against others;
- circumvent security measures, technical limitations or access controls; or
- interfere with the normal functioning of the website, accounts or associated networks.
BABALU may limit, suspend or terminate access when there are reasonable indications of prohibited use, without prejudice to other rights and legal remedies.
14. AUTOMATED AGENTS
Without written authorization from BABALU, it is not permitted to use bots, crawlers, scrapers, purchasing agents, automated systems or other technologies to access, extract, copy, monitor, reserve or purchase products through the Services, except when this results from a public functionality made available for this purpose or is required by law.
When automated use is authorized, the person or entity responsible for the system remains responsible for their actions and compliance with these Terms.
15. TERMINATION
The user may stop using the Services at any time. BABALU may suspend or terminate access to an account when there is non-compliance with these Terms, security risk, well-founded suspicion of fraud, legal obligation or harmful use of the Services.
Termination does not affect rights and obligations already established, including payments due, orders accepted, guarantees, returns or provisions that, by their nature, must remain in force.
16. EXCLUSION OF WARRANTIES
BABALU seeks to ensure the availability, security and correctness of the Services, but does not guarantee that the website will always function without interruptions, delays or errors, especially when these result from maintenance, third party failures, electronic communications or circumstances beyond its reasonable control.
To the extent permitted by law, Digital Services are provided as is and as available. This provision does not exclude or limit statutory warranties of conformity, consumer rights, liability for willful misconduct or gross negligence, liability for death or personal injury, or any other liability that cannot be excluded or limited by law.
17. LIMITATION OF LIABILITY
BABALU's liability is limited only to the extent permitted by applicable law. BABALU does not exclude liability for damages directly resulting from failure to comply with its contractual obligations when such damages were foreseeable at the time of conclusion of the contract.
When legally permissible, BABALU will not be responsible for indirect, consequential or purely economic losses that were not reasonably foreseeable and do not result from intent or gross negligence. Nothing in these Terms excludes or limits liability for death or personal injury, fraud, willful misconduct, gross negligence, breach of consumer rights, or any liability that by law cannot be excluded or limited.
18. FORCE MAJEURE
BABALU will not be responsible for delays or non-compliance caused by events beyond its reasonable control, including natural disasters, conflicts, general strikes, material failures of carriers or infrastructure, acts of authorities, public health emergencies, customs restrictions or general communications unavailability.
This provision applies only as long as the impediment persists and does not remove mandatory consumer rights. BABALU will seek to reduce the effects of the event, inform the customer when appropriate and fulfill obligations as soon as reasonably possible. If the delay gives the consumer a legal right to cancel or refund, that right remains in full.
19. COMPENSATION
To the extent permitted by law, the user acting within the scope of a professional or commercial activity undertakes to indemnify BABALU for direct losses, costs and third-party claims resulting from a culpable breach of these Terms, unlawful use of the Services or infringement of third-party rights.
This obligation does not apply to losses caused by acts or omissions of BABALU and does not restrict mandatory consumer rights or transfer to the user a responsibility that legally belongs to BABALU.
20. SEPARABILITY
If any provision of these Terms is held to be invalid, illegal or unenforceable, it will be enforced to the fullest extent permitted by law and, where necessary, deemed severed from the remaining provisions. The remaining clauses will remain in force.
21. NO WAIVER; ENTIRE AGREEMENT
The lack of or delay in exercising a right does not constitute a waiver thereof. These Terms, together with the expressly incorporated policies and conditions, constitute the agreement applicable to the use of the Services and replace previous understandings regarding the same subject matter.
In case of conflict, the specific conditions presented and accepted at the time of purchase prevail, followed by the applicable policies and these Terms, without prejudice to mandatory legal standards.
22. ASSIGNMENT
You may not assign your rights or obligations arising from these Terms without the written consent of BABALU. BABALU may transfer its contractual position in the context of a reorganization, transfer of activity or equivalent operation, provided that such transfer does not reduce the guarantees or rights of the customer and that the customer is informed when legally required.
23. APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms are governed by Portuguese legislation, without prejudice to mandatory consumer protection standards applicable in the customer's country of residence. The Portuguese courts are competent, without prejudice to the mandatory rules of territorial and international jurisdiction that grant the consumer the right to appeal to the courts of another location.
Before going to court, the customer can contact BABALU via hello@babalu.pt to seek a solution. In Portugal, and without prejudice to another legally competent entity, the consumer can appeal to the Lisbon Consumer Conflict Arbitration Center. The official list of alternative consumer dispute resolution entities is available at Consumer Portal. The consumer can also use the Electronic Complaints Book.
Nothing in this section deprives the consumer of the protection afforded by mandatory rules of the country where he resides nor of access to the courts or dispute resolution mechanisms that the law recognizes.
24. TITLES
Section titles are used only for ease of reading and do not alter the meaning or interpretation of the provisions.
25. CHANGES TO TERMS
BABALU may update these Terms to reflect legal, technical, operational or business changes. The current version and its update date will be published on this page. When a change is material and the law requires it, adequate information will be provided before the change takes effect.
Changes do not retroactively eliminate rights already acquired or modify orders already accepted, unless agreed by the customer or legally required.
26. CONTACT INFORMATION
Questions regarding the Services or these Terms can be sent to the contact details below. Please also see our Contact Information.
BABALU Fishing Tackle
Operator: Luís Miguel da Costa Ferreira
NIF/VAT: PT219263752
Avenida do Atlântico, No. 16, Office 2.01
1990-019 Lisbon, Portugal
Email: hello@babalu.pt
Website: https://babalu.pt