Terms of service

OVERVIEW
Welcome to BABALU Fishing Tackle. The terms “we”, “us” and “our” refer to BABALU Fishing Tackle. BABALU Fishing Tackle operates this shop and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the “Services”). BABALU Fishing Tackle is powered by Shopify, which enables us to provide the Services to you. 
The terms and conditions below, together with any policies referenced here (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.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and by 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 that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing or browsing our online shops or purchasing any products or services we offer, 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 through our shops is accurate, current and complete, and that you have all necessary rights to provide that information.
You are solely responsible for keeping your account credentials secure and for all activity under your account. 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 in our online shops. However, colours or product appearance may differ from what appears on your screen due to the device you use to access the shop and your device settings and configuration.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as shown or displayed in our online shop.
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 the quantities of any products we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. BABALU Fishing Tackle reserves the right to accept or refuse your order for any reason, at its sole discretion. Your order will not be accepted until BABALU Fishing Tackle confirms acceptance. We must receive and process your payment before accepting your order. Please check your order carefully before submitting it, as BABALU Fishing Tackle may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, change or cancel an order, we will try to notify you using the email address, billing address and/or telephone number provided when the order was placed.
Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

SECTION 4 - PRICES 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 when the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, prices shown do not include taxes, shipping charges, handling charges, customs duties or import charges.
Prices shown in our online shops may differ from prices offered in physical shops or in online or other shops operated by third parties. From time to time, we may offer promotions on the Services that may affect prices and that are governed by terms and conditions separate from these Terms. If there is any conflict between the terms of a promotion and these Terms, the promotion terms will apply.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transaction and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorised to use that credit card for the purchase, (iii) the charges incurred by you will be honoured by your credit card company and (iv) you will pay the charges incurred by you at the stated prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events outside our control. Once we transfer products to the carrier, ownership and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, videos and audio, and their design, selection and arrangement, are owned by BABALU Fishing Tackle, its affiliates or licensors and are protected by intellectual property laws.
These Terms allow you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided here, nothing in these Terms grants or should be interpreted as granting you any licence or other rights under any patent, trademark, copyright or other intellectual property of BABALU Fishing Tackle, Shopify or any third party. Unauthorised use of the Services may violate intellectual property laws. All rights not expressly granted here are reserved by BABALU Fishing Tackle.
The names, logo, product and service names, designs and slogans of BABALU Fishing Tackle are trademarks of BABALU Fishing Tackle or its affiliates or licensors. You must not use those trademarks without BABALU Fishing Tackle’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.

SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools that we do not monitor and over which we have no control. You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. Any use of optional third-party tools is entirely at your own risk and discretion.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available through the Services may include materials from third parties. Third-party links may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability for third-party materials, websites, products or services.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
BABALU Fishing Tackle is powered by Shopify. Shopify provides the commerce platform that allows us to sell our products and services to you. However, any sale made through the Services is made by BABALU Fishing Tackle, not Shopify, unless expressly stated otherwise.

SECTION 10 - PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy [LINK], which explains how we collect, use and disclose your personal information.

SECTION 11 - FEEDBACK
If you send us comments, ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise, you agree that we may edit, copy, publish, distribute, translate and otherwise use them in any medium without restriction and without any obligation to compensate you.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating 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 on the Services is inaccurate, at any time without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES
You are prohibited from using the Services or their content for any unlawful purpose; to solicit others to perform unlawful acts; to violate any laws or regulations; to infringe our intellectual property rights or those of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate; to submit false or misleading information; to upload or transmit viruses or malicious code; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl or scrape; for obscene or immoral purposes; or to interfere with or bypass the security features of the Services.

SECTION 14 - TERMINATION
These Terms remain in effect unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use the Services. If, in our sole judgement, you fail or we suspect that you have failed to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free, or that the results obtained from using the Services will be accurate or reliable. The Services and all products and services delivered through the Services are provided “as is” and “as available”, without any representation, warranties or conditions of any kind, either express or implied, except as required by applicable law.

SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, BABALU Fishing Tackle, its affiliates, partners, directors, employees, agents, contractors, licensors and service providers will not be liable for any direct, indirect, incidental, punitive, special or consequential damages of any kind arising from your use of the Services or any products purchased through the Services. Nothing in these Terms limits any liability that cannot be limited under applicable law.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BABALU Fishing Tackle and its affiliates, partners, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to third parties 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 notify you of any claim eligible for indemnification, provided that a failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced.

SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part will be deemed severed from these Terms of Service. Such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision. These Terms of Service and any policies or operating rules posted by us on this website or relating 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. Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

SECTION 20 - 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 attempt to do so will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreement under which we provide you Services will be governed by and interpreted in accordance with the laws and courts of the jurisdiction in which BABALU Fishing Tackle has its registered office. You and BABALU Fishing Tackle agree to the venue and personal jurisdiction of those courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES 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, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you 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 the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to hello@babalu.pt.
Our contact details are set out below:
BABALU Fishing Tackle 
hello@babalu.pt
Praça Manuel Teixeira Gomes, EC Teixeira Gomes, 8500-998 Portimão, Portugal