Terms of service
OVERVIEW
This website is operated by Newstarz. On the website, the terms ‘we’, ‘us’ and ‘our’ refer to Newstarz. Newstarz 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 website and/or purchasing something, you accept 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 website, including but not limited to users who are browsers, suppliers, customers, merchants and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, 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 that are added to the current shop will 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 shop is hosted on Shopify Inc. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE SHOP TERMS
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, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this website.
You may not use our products for any unlawful or unauthorised purpose, nor may you, by using the Service, violate any laws in your jurisdiction (including, without limitation, copyright laws).
You may not transmit any worm, virus or any code of a destructive nature.
A breach or violation of any of the Terms will result in 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 (not including credit card information) may be transferred unencrypted and involve (a) transmissions over multiple networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer between networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided, without our express written authorisation.
The headings used in this agreement are included for convenience only and do not limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND UPDATING OF INFORMATION
We cannot be held responsible if the information provided on this website is not accurate, complete or up-to-date. The material on this website is provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more up-to-date sources of information. Any reliance on the material included on this website is at your own risk.
This website may contain certain historical information. Historical information is therefore not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we are under no obligation to update the information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 - CHANGES IN SERVICE AND PRICES
The prices of our products are subject to change without prior notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the Website. These products or Services may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy: [LINK TO REFUND POLICY].
We have made every effort to display as accurately as possible the colours and images of our products that appear in the shop. We cannot guarantee that the display of any colour on your computer monitor will be accurate.
We reserve the right, but have no obligation, to limit 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 prices 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 any product or Service made on this website will be void where prohibited.
We do not warrant 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 placed by you. We may, at our sole discretion, limit or cancel quantities purchased per person, per address or per order. These restrictions may include orders placed on the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event of a change to or cancellation of an order, we may attempt to notify you by contacting you via the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders which, in our sole judgement, appear to be placed by traders, resellers or distributors.
You agree to provide current, complete and accurate purchase 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 transactions and contact you as necessary.
For more details, see our Refund Policy: [LINK TO REFUND POLICY].
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools, which we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools on an ‘as is’ and ‘as available’ basis, without any warranties, representations or conditions of any kind and without any sponsorship. We assume no liability arising out of or in connection with 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 must ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third party provider(s).
We may also, in the future, offer new Services and/or features on the Website (including, the release of new tools and resources). 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 on our Service may include materials from third parties.
Third party links on this website may direct you to third party websites with which we are not affiliated. We are not responsible for examining or evaluating the content or accuracy of, and do not warrant or assume any liability or responsibility 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, resources, content or any other transactions carried out with any third party websites. Please carefully review the policies and practices of third parties and make sure you understand them before entering into any transaction. Complaints, claims, concerns or queries relating to third party products should be directed to the third party.
SECTION 9 - COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by mail or otherwise (collectively, ‘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 send us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or in violation of third party intellectual property or these Terms of Service.
You agree that your comments will not infringe any third party rights, including copyright, trade mark, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone else or mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and the accuracy of those comments. We assume no responsibility for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
The sending of your personal information through the shop is governed by our Privacy Policy, which can be viewed here: [LINK TO 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 that may relate to product descriptions, prices, promotions, offers, product shipping rates, shipping 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 Service or any related website is incorrect, at any time and without notice (including after you have submitted your order).
We assume no obligation to update, change or clarify information on the Service or any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be construed as an indication that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set out in the Terms of Service, the user is prohibited from using the website or its content: (a) for any unlawful purpose; (b) soliciting others to perform or participate in any unlawful acts; (c) violating any local international, federal, provincial or state regulations, rules, laws or resolutions; (d) infringing or violating our intellectual property rights or the intellectual property rights of third parties; (e) harass, abuse, insult, harm, defame, slander, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) send false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track the personal information of others; (i) send spam, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that the use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may from time to time remove the Service for indefinite periods or cancel the Service at any time without notice.
You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and Services delivered to you through the Service (except as expressly stated by us) are provided ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event will Newstarz, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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, lost data, replacement costs or any similar damages, based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the Services or any products purchased using the Service, or for any other claim relating 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 your use of the Service or any content (or product) posted, transmitted or otherwise made available on the Service, even if advised of its possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental 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 Newstarz and our company, subsidiaries, affiliates, partners, 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 due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - CANCELLATION
The obligations and liabilities of the parties incurred prior to the date of termination continue in effect after the termination of this agreement for all purposes.
These Terms of Service are effective unless terminated by you or 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, in our sole discretion, you fail to comply, or we suspect that you have failed to comply, with any term or provision of these Terms of Service, we may also terminate this agreement at any time, without notice, and you remain liable for all amounts due up to and including the date of termination; and/or, accordingly, 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 and any policies or operating rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between us and you and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, oral or written, between us and you (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 party that drafted them.
SECTION 18 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide the Services to you shall be governed by and construed in accordance with the laws of Portugal.
SECTION 19 - 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/or changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at geral@newstarz.pt.
Our contact information is published below:
BOTO HORIZONTE Lda.
geral@newstarz.pt
Avenida Afonso Henriques, Edifício Oceanário Residence, Bloco A, Fracção AF
8500-502, Portimão
Tel : 933744223
NIPC : 516217704