Terms and Conditions

OVERVIEW

This website is operated by BEATABAG (Pedro Grilo). Throughout the site, the terms "we", "we" and "our" refer to BEATABAG (Pedro Grilo). BEATABAG makes this website available, including all information, tools and services available to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our website and / or purchasing something, you are engaging 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 and / or available by hyperlink. These Terms of Service apply to all users of the website, including, without limitation, users who are visitors, sellers, 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 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, you will not be able to 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 store 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 the user's responsibility to check this page periodically to check for changes. Use of the website following the posting of any changes constitutes acceptance of those changes.
Our online store is hosted by Shopify Inc. This company provides the online e-commerce platform that allows us to sell our products.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are of majority age at your place of residence and that you have given your consent to allow any of your minor dependents to use this site.

You may not use our products for any unlawful or unauthorized purpose, and may not, in your use of the Service, violate any law in your jurisdiction (including but not limited to copyright laws).

It may not transmit any worms or viruses or any code of a destructive nature.

A violation of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred without encryption and involve a) transmission 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 over 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 express written permission from us.

The titles used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, INTEGRITY AND CURRENT INFORMATION

We are not responsible if the information provided on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be used as a sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content 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 site.

SECTION 4 - MODIFICATIONS TO SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any portion or content thereof) without notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuation 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 Returns and Exchanges Policy.

We have made a great effort to display as accurately as possible the colors and images of the products that appear in the store. However, we cannot guarantee that any color display on your computer monitor will be accurate.

We reserve the right, but are not required, 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 in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

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.

SECTION 6 - WARRANTY

Since access to the goods and services corresponding to those contracted and with the guarantee of correct functioning is one of the fundamental rights of consumers, BEATABAG will guarantee, for a period of 24 months from the date of purchase (except in the case of perishable goods), the quality of its products, offering customers, in cases where it proves legitimate, one of the following solutions, in this order:

Repair of damaged property, ensuring correct operation and / or final quality;
Exchange of good for an equal good;
Exchange of the good for a similar good in characteristics and purpose, as long as agreed with the client;
Termination of contract and consequent refund if none of the above options are possible.

The exercise of the right to guarantee by the customer will always take place by submitting the complaint to hello@beatabag.com and returning the damaged or non-corresponding asset to the contractor.

BEATABAG will analyze the article in question in order to confirm the customer's effective right to guarantee, excluding all situations that prove to result, among others, from:

Abuse, intentional damage or negligent damage by the customer;
Normal wear of the product, provided it is within the expected levels and stated by the manufacturer;
Unable to prove the malfunction or defect indicated by the customer;
All situations that are detected as attempted fraud.

Upon inspection of the product received, the customer will be informed of the decision regarding their order.

In cases where the guarantee is exercised, BEATABAG will promote the repair, replacement or refund of the item in the shortest possible time, up to the limit of 30 days from the notification to be sent by email to the customer, through which will be confirmed the right to activate the product warranty.

Reimbursement of any amount paid will be made by the same payment method used to purchase the product, unless otherwise agreed with the customer.

These provisions are without prejudice to any rights of the consumer arising directly from the law in force.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you make to us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household 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 change or cancel an order, we may try to notify you by contacting 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 that, in our sole discretion, appear to have been made by resellers or distributors.

You undertake to provide current, complete and accurate purchase and personal account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you as necessary.

For details, see our Returns & Exchanges Policy.

SECTION 8 - OPTIONAL TOOLS

We can provide you with access to third-party tools that we do not monitor or have any control over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any guarantees, representations or conditions of any kind and without any endorsement. We will have no liability arising out of or related to your use of optional third party tools.

Any use by the user of optional tools offered through the website is at their sole discretion and must ensure that they are familiar with and approve the terms on which the tools are provided by the relevant third-party supplier (s) (s).

We may also, in the future, offer new services and / or features through the website (including the launch of new tools and resources). Such new features and / or services will also be subject to these Terms of Service.

SECTION 9 - THIRD PARTY LINKS

Certain content, products and services available through our Service may include materials from third parties.

Third party links on this site may direct you to third party sites that are not affiliated with us. We are not responsible for examining or evaluating content or accuracy, we do not guarantee and we will have no responsibility or liability for any third party materials or websites, or for 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 made in connection with any third party websites. Please carefully review third party policies and practices and make sure you understand them before making any transactions. Complaints, concerns or questions about third party products should be directed to the third party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, we send certain specific submissions (for example, contest entries) or, without our request, send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, 'comments'), you agree that we can, at any time, without restrictions, edit, copy, publish, distribute, translate and use any comment you send us in any medium. We have and will have no obligation (1) to keep any comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but are under no obligation, to monitor, edit or remove content that we have determined, in our sole discretion, to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or to violate the intellectual property of any party or these Terms of Service.

You consent to your comments not violating any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain slanderous or otherwise illegal, abusive or obscene material, nor will they contain any computer viruses or other malware that may in any way affect the operation of the Service or any related website. You may not use a fake email address, pretend to be someone other than yourself, or mislead us or others about the source of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility and assume no responsibility for any comments posted by you or by third parties.

SECTION 11 - PERSONAL INFORMATION

The sending of personal information through the online store is governed by our Privacy Policy. To see our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our website or on the Service that contains typographical errors, inaccuracies or omissions that may be related to product descriptions, prices, 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 on the Service or any related website is inaccurate at any time 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, without limitation, pricing information, except as required by law. No specified update or update date applied to the Service or any related website should be taken to indicate that all information in the Service or any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions set out in the Terms of Service, you are prohibited from using the website or its content: (a) for any illegal purpose; (b) to request that others perform or participate in any illegal acts; (c) to violate any local international, federal, provincial or state regulations, rules, laws or ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on sex, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) presenting 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 third parties; (i) for spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to 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 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that the use of our service will be uninterrupted, timely, safe or error-free.

We do not guarantee that the results that can be obtained using the service will be accurate or reliable.

You agree that, from time to time, we may remove the service for indefinite periods of time or cancel the service at any time without notice.

The user expressly agrees that his use, or inability to use, of the service is his sole responsibility. The service and all products and services provided to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, expressed or implied, including all implied warranties or conditions of merchantability, commercial quality, fitness for a particular purpose, durability, title and non-infringement.

In no event will BEATABAG (Pedro Grilo), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damage, loss, claim or any direct, indirect, incidental damages , punitive, special or consequential of any kind, including, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or any products purchased through the service, or for any other claim related in any way to your use of the service 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 r result of using the service or any content (or product) published, transmitted or made available through the service, even if informed of its possibility. As 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 will be limited to the maximum extent permitted by law.

SECTION 15 - INDEMNITY

You agree to indemnify, defend and exempt BEATABAG (Pedro Grilo) and our parent company, subsidiaries, affiliates, partners, directors, officers, 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 from your breach of these Terms of Service or the documents they incorporate by reference, or your breach of any law or the rights of a third party.

SECTION 16 - DIVISIBILITY

In the event that any provision of these Terms of Service is considered illegal, void or unenforceable, such provision will, however, be enforceable to the maximum extent permitted by applicable law, and the unenforceable part will be deemed separate from these Terms of Service, such determination will not affect the validity and enforceability of any remaining provisions.

SECTION 17 - TERMINATION

The obligations and responsibilities of the parties incurred prior to the termination date must survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by you or us. You can 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 with any term or provision of these Terms of Service, or suspect that you have failed to comply with them, we may also terminate this agreement at any time without notice and you will remain responsible for all amounts due up to the termination date; and / or, therefore, you may be denied access to our Services (or any part of them).

SECTION 18 - INTEGRAL CONTRACT

The Contractor's failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

These Terms of Service and any operational policies or rules posted by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, replacing any previous or contemporary, oral agreements, communications and proposals or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service should not be interpreted against the writer.

SECTION 19 - APPLICABLE LAW

These Terms of Service and any separate agreements through which the Service is provided to the user will be governed and interpreted in accordance with Portuguese legislation.

SECTION 20 - 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, in 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 periodically check our website for changes. Your continued use of or access to our website or the Service after posting any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to hello@beatabag.com.