TERMS AND CONDITIONS OF USE
1 - Overview
This website is operated by the company “Black Ginger, Ltda”. Throughout the site, the terms “we”, “us” and “our” refer to “Black Ginger, Ltda”. “Black Ginger, Ltda” makes this website available to the user, including all information, tools and services. The user is subject to acceptance of all terms, conditions, policies and notices defined here.
These Terms and Conditions of Use are complemented and integrated, in everything that is not provided for in this document, by the Privacy Policy and Cookies Policy available on the website.
By visiting our site and/or purchasing any items, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including additional terms and conditions and policies referred to here and/or available via hyperlink. These terms of service are applicable to all users of the site, including, without limitation, users who are researchers, suppliers, customers, merchants and/or content contributors.
By using or accessing 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 on the website. Please read these terms of service carefully before accessing or using our website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to the terms of service. 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 periodically consult this page to find out about any changes. Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes. You can view the most current version of the terms of service on this page at any time.
2 – General conditions
We reserve the right to refuse to provide services to anyone for any reason at any time.
You understand that your content (except credit card information) may be transferred unencrypted and involved in (a) transmissions over various networks; and (b) be subject to change to conform and adapt to technical requirements of interconnected networks or devices. Credit card information is always encrypted during transfer across networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion 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 express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
3 – Products or services
Some products or services may be exclusively available online at our website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our return policy.
We reserve the right, but are not obligated, 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 pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer regarding any product or service made on this site is void where prohibited.
We make every effort to make the colors and product images displayed in the store as accurate as possible. We cannot guarantee that your computer monitor's display of colors will be accurate.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
4 – Changes to service and prices
The prices of our products are subject to change without prior notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.
5 – Accuracy, completeness and timeliness of information
We are not responsible if information made available on this website is not accurate, complete or current. The information presented on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete and more timely sources of information.
Any reliance on the information presented on this website is at your own risk.
This site may contain some historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to change the contents 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 website.
6 – Accuracy of account and billing information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per family or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we make a change to or cancel your order, we may attempt to notify you by email and/or the billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
7 – Optional tools
We may grant you access to third-party tools that we do not monitor and have no control or input over.
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 endorsement by us.
We shall not be responsible for any issues arising from or relating to your use of optional third-party tools.
Your use of optional tools provided through the site is entirely at your own risk and you should ensure that you are familiar with and approve of the terms to which such tools are subject as provided by the relevant third-party distributor(s).
Additionally, in the future, we may offer new services and/or features on our website (including, the release of new tools and resources). Said new services and/or features are also subject to these terms of service.
8 – Third party hyperlinks
Some content, products and services made available through our service may include materials from third parties.
Third-party hyperlinks on this site may direct you to third-party websites that are not affiliated with us. We have no obligation to examine or evaluate the content or accuracy and we do not warrant or have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third-parties.
Please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. We are not liable for any harm related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party entity.
9 – Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, shipping times and availability. We reserve the right, at any time and without prior notice (including after you have placed your order), to correct errors, inaccuracies or omissions and to change or update information and to cancel orders if the information in the Service or on related websites are wrong.
We have no obligation to update, amend or clarify information in the Service or on related websites, including pricing information, except as required by law. No specific date or refresh date applied in the Service or on any website should be construed to modify or update all information in the Service or on any related website.
10 – Comments, feedback and other texts sent by the user
If, at our request, you send certain specific texts (for example, contest responses) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail or otherwise (collectively referred to as “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate or otherwise use in any medium any of your comments submitted to us. We have no obligation to (1) maintain the confidentiality of comments; (2) pay a reward for any comments; or (3) respond to any comments.
We may, but are not obligated to, monitor, edit or remove content that we consider, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of the intellectual property of any party or these terms of service.
You agree not to make comments that violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. Furthermore, you agree not to post comments that contain libelous or otherwise unlawful, abusive or obscene material or that contain computer viruses or other malware that may in any way affect the operation of the Service or any website related. You may not use a false e-mail address, impersonate someone else, or otherwise mislead us or third parties regarding the origin of comments. You are solely responsible for any comments you make, as well as their accuracy. We take no responsibility and assume no liability for comments posted by users or third parties.
11 – Personal information
Your submission of personal information through the store is governed by our Privacy Policy.
12 – Prohibited uses
In addition to other prohibitions established in the terms of service, the user is prohibited from using the website or its content: (a) for unlawful purposes; (b) to solicit third parties to perform or participate in unlawful acts; (c) to violate international, federal, state or local regulations, standards, laws or ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, denigrate, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or of any related website, other websites, or the Internet; (h) to collect or monitor personal data of third parties; (i) for spam, phishing, pharm, pretext, spider, crawl or scrape purposes; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or related websites, other websites, or the Internet. We reserve the right to terminate your use of the Service or related sites for violating the prohibited uses.
13 – Exemption of guarantees; disclaimer
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we will remove the service for indefinite periods of time or cancel the service at any time, without prior notice to you.
You expressly agree that your use or inability to use the Service is at your own risk. The Service and all products and services delivered to you through the Service are (except expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, whether express or implied, including all implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case shall “Black Ginger, Ltda”, its officers, directors, employees, affiliates, representatives, contractors, interns, suppliers, service providers or licensors be liable for direct, indirect, incidental injuries, losses, claims or damages , punitive, special or consequential damages of any kind, including lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, fraud (including negligence), no-fault liability or otherwise, arising out of your use of the Service or any products purchased through the Service, or any claim relating in any way to your use of the Service or any products, i.e., errors or omissions in content, or loss or damage of any kind incurred as a result of the use of the service or content (or products) published, transmitted or otherwise made available through this service, even if duly notified of this possibility. In some states or jurisdictions, our liability is limited to the full extent of the law, and some states or jurisdictions do not allow the exclusion or disclaimer of liability for consequential or incidental damages.
14 – Compensation
The user agrees to indemnify, defend and hold harmless “Black Ginger, Lda”, partners, managers, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable expenses. with lawyers, carried out by third parties due to or arising from your breach of these terms of service or the documents to which they refer, or your breach of any law or the rights of a third party.
15 – Divisibility of the contract
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and viability of the remaining provisions.
16 – Termination
The obligations and liabilities of the parties incurred prior to the termination date survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to continue using our services or when you stop using our site.
If in our sole discretion you are in default, or if we suspect that you are in default, of complying with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice and you continue to be responsible for all amounts due up to and including the date of termination; and/or, accordingly, we may deny you access to our services (or part thereof).
17 – Full 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 standards posted by us on this site or in connection with the Service constitute the entire agreement between you and us. Additionally, they govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (namely, prior versions of the Terms of Service).
Any ambiguities in the interpretation of these terms of service should be understood by consulting the drafting party.
18 – Applicable law
These Terms of Service and any individual agreements whereby we provide you Services are governed by and construed in accordance with the Law of Portugal.
19 – Changes to the terms of service
You can check the most current version of the terms of service on this page at any time.
We reserve the right, at our sole discretion, to update, change or replace any part of the Terms of Service by posting updates and/or changes to our website. It is your responsibility to periodically check our website for any changes. Your continued use of or access to our website following the posting of changes to these Terms of Service constitutes acceptance of those changes.
20 – Contact information
Send us any questions regarding the terms of service to: info@blackginger.pt