Terms of service
OVERVIEW
Welcome to Saudade. The terms “we,” “us,” and “our” refer to Saudade. Saudade operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Saudade is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use 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 our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should 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, or that you have given consent for any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to provide accurate representations of our products and services. However, colors, textures, washes, prints, and overall product appearance may vary slightly from how they appear on your screen due to differences in devices, displays, lighting, photography, production processes, and garment treatments.
We do not guarantee that the appearance or quality of any product or service purchased will exactly match how it appears online.
All product descriptions are subject to change at any time without notice. We reserve the right to discontinue products or limit quantities offered to any person, geographic region, or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Saudade reserves the right to accept or decline an order for any lawful reason. Your order is not accepted until Saudade confirms acceptance and payment has been successfully processed.
Please review your order carefully before submitting it, as we may be unable to accommodate cancellation or modification requests after an order has been accepted.
If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing information, or phone number provided with the order.
Purchases are subject to our Refund Policy.
You represent that purchases made through the Services are for personal or household use and not for unauthorized 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 will be the price shown at the time the order is placed and will be reflected in your order confirmation.
Unless otherwise stated, displayed prices do not include applicable taxes, shipping charges, handling fees, customs charges, duties, or import fees.
Promotions may be subject to separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion-specific terms will control.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases.
You represent and warrant that the payment information you provide is accurate, that you are authorized to use the selected payment method, and that charges incurred through your order will be honored by your payment provider.
SECTION 5 - SHIPPING AND DELIVERY
Shipping and delivery dates are estimates and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs processing, severe weather, incorrect customer information, or other events outside our reasonable control.
Please review our Shipping Policy for additional information regarding processing times, delivery estimates, and shipping procedures.
SECTION 6 - INTELLECTUAL PROPERTY
The Services, including all trademarks, logos, branding, text, images, graphics, photographs, artwork, product designs, videos, audio, and the design and arrangement of the website, are owned by Saudade, its licensors, or their respective owners and may be protected by copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only.
You may not reproduce, distribute, modify, republish, publicly display, commercially exploit, or create derivative works from materials belonging to Saudade without prior written permission, except where permitted by law.
The Saudade name, logos, product designs, artwork, slogans, and other brand identifiers may not be used without prior written permission.
Shopify’s name, logos, products, and services are the property of Shopify or its licensors.
SECTION 7 - OPTIONAL TOOLS
We may provide access to tools or functionality offered by third parties. We do not necessarily monitor or control these tools.
Access to third-party tools is provided “as is” and “as available” without warranties, representations, or conditions of any kind from Saudade.
Your use of third-party tools is at your own discretion and risk, and you should review the applicable third party’s terms and policies before using them.
We may introduce new features, services, tools, or resources in the future. These will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites or services operated by third parties.
We are not responsible for examining or evaluating the content, accuracy, availability, privacy practices, or security of third-party websites or services.
If you leave our Services to access a third-party website or service, you do so at your own risk. Please review the third party’s terms and policies before engaging in any transaction.
Questions or concerns regarding third-party products or services should be directed to the applicable third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Saudade is powered by Shopify, which enables us to provide the Services to you. However, purchases and transactions made through our store are made directly with Saudade.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Saudade, including any injury, damage, or loss resulting from products purchased through the store.
To the extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to purchases and transactions made with Saudade.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy.
Certain personal information may also be processed by Shopify in accordance with Shopify’s own privacy practices.
Because the Services are hosted by Shopify, information you submit through the Services may be transmitted to and processed by Shopify and other service providers in order to provide the Services.
Please review our Privacy Policy for more information about how Saudade, Shopify, and our service providers collect, use, and process personal information.
SECTION 11 - FEEDBACK
If you submit ideas, suggestions, feedback, reviews, proposals, or other content to us (“Feedback”), you grant Saudade a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for purposes related to operating, improving, and promoting the Services.
You represent that you have the rights necessary to submit the Feedback and that your Feedback does not violate the rights of another person.
We are not obligated to keep Feedback confidential, compensate you for Feedback, or respond to Feedback unless required by law or separately agreed in writing.
We may remove Feedback that we reasonably determine violates these Terms, applicable law, or the rights of another person.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on the Services may contain errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, availability, shipping charges, or estimated delivery times.
We reserve the right to correct errors, update information, or cancel orders if information is inaccurate, subject to applicable law.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to violate applicable laws or regulations, infringe intellectual property rights, harass or harm others, transmit false or misleading information, distribute malware, engage in fraud, scrape or extract information without authorization, interfere with security measures, impersonate another person or entity, or otherwise misuse the Services.
We reserve the right to suspend or terminate access to the Services where we reasonably determine that these Terms have been violated.
SECTION 14 - AGENTS AND AUTOMATED ACCESS
Automated systems, software agents, bots, or similar tools may not access or interact with the Services in a manner that violates these Terms, bypasses security measures, conceals automated activity, or interferes with the operation of the Services.
We may restrict or block automated access when necessary to protect the Services, customers, or our systems.
SECTION 15 - TERMINATION
We may suspend or terminate access to all or part of the Services where permitted by law, including where these Terms have been violated.
Any obligations or liabilities incurred before termination will survive termination where applicable.
Provisions relating to intellectual property, privacy, liability, indemnification, governing law, and other provisions that by their nature should survive termination will remain in effect.
SECTION 16 - DISCLAIMER OF WARRANTIES
To the extent permitted by law, the Services and products are provided “as is” and “as available.”
We do not guarantee that the Services will always be uninterrupted, secure, error-free, or available at all times.
Nothing in these Terms excludes warranties or consumer rights that cannot legally be excluded.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Saudade and its affiliates, employees, contractors, service providers, and licensors will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Services or products purchased through the Services.
Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.
SECTION 18 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Saudade, Shopify, and their respective affiliates, employees, agents, contractors, licensors, and service providers from claims, losses, liabilities, damages, and reasonable legal expenses arising from your violation of these Terms, applicable law, or the rights of another person.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law and the remaining provisions will remain in effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce a provision of these Terms does not waive our right to enforce that provision later.
These Terms, together with policies incorporated by reference, constitute the agreement between you and Saudade regarding your use of the Services.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent.
We may transfer or assign our rights or obligations where permitted by law.
SECTION 22 - GOVERNING LAW
These Terms and any separate agreements relating to the Services will be governed by the applicable laws of the jurisdiction in which Saudade operates, without limiting any mandatory consumer rights that apply to you based on your location.
SECTION 23 - HEADINGS
Section headings are included for convenience only and do not affect the interpretation of these Terms.
SECTION 24 - CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our Services, business practices, legal obligations, or other operational reasons.
The most current version will be posted on this page. Where required by law, we will provide appropriate notice of material changes.
Continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms where permitted by law.
SECTION 25 - SMS MARKETING TERMS
If you opt in to receive SMS marketing from Saudade, you agree to receive recurring promotional and marketing text messages from us at the phone number you provide.
Message frequency may vary. Message and data rates may apply.
Consent to receive marketing text messages is not a condition of purchasing products or services from Saudade.
You may opt out of SMS marketing at any time by following the unsubscribe instructions included in our messages.
For assistance regarding SMS communications, contact us at saudade.human@gmail.com.
SECTION 26 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Saudade
Email: saudade.human@gmail.com
Additional business contact information may be provided on our website where required.