Termos do serviço
Aqui tem a versão final dos seus Terms of Service, atualizada com a marca PrimeGarden Direct e totalmente adaptada ao mercado do Reino Unido, conforme as suas diretrizes de elegância, autoridade e conversão.
TERMS OF SERVICE
OVERVIEW
Welcome to PrimeGarden Direct! The terms "we", "us" and "our" refer to PrimeGarden Direct. PrimeGarden Direct operates this store and website, including all information, content, features, tools, products and services related to it, with the objective of providing you, the customer, with a personalised shopping experience (the "Services"). PrimeGarden Direct is powered by Shopify technology, which enables us to provide you with these Services.
The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), outline your rights and responsibilities when using our Services.
Please read these Terms of Service carefully, as they include important information regarding your legal rights and cover areas such as disclaimers of warranties 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 [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you must not access or use 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 stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address, billing, payment and shipping details. You represent and warrant that all information provided in our stores is accurate, current and complete, and that you possess all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity occurring 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 stores. However, product colours or appearance may differ from those displayed on your screen, depending on the type of device you use to access the store and your device's specific 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 identical to those presented or displayed on our online store.
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
By placing an order, you are making an offer to purchase. PrimeGarden Direct reserves the right to accept or refuse your orders for any reason, at our sole discretion. Your orders will not be accepted until PrimeGarden Direct confirms acceptance. We must receive and process your payment before we accept your order. Please check your order carefully before submitting it, as PrimeGarden Direct may be unable to fulfil cancellation requests after an order has been accepted. Should we not accept, alter or cancel an order, we will endeavour to notify you via the email address, billing address and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your personal or domestic use and not for commercial resale or export.
SECTION 4 - PRICING 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 at the time the order is placed and will be specified in your order confirmation email. Unless expressly stated otherwise, the prices shown do not include taxes, shipping costs, handling fees, or customs/import duties.
Prices displayed in our online stores may differ from prices offered in physical stores or other online stores operated by third parties. Occasionally, we may offer promotions on the Services which may affect pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. 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 provided is true, correct and complete, (ii) you are duly authorised to use such 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 posted prices, including shipping and handling costs and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Once we transfer the products to the carrier, ownership and the risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection and arrangement thereof, are the property of PrimeGarden Direct, its affiliates or licensors and are protected by US and international patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants you, or shall be construed as granting you, a licence or other rights under any patent, trademark, copyright or other intellectual property of PrimeGarden Direct, Shopify or any third party. Unauthorised use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted herein are reserved by PrimeGarden Direct.
PrimeGarden Direct’s names, logos, product and service names, designs and slogans are trademarks of PrimeGarden Direct or its affiliates or licensors. You must not use such marks without prior written permission from PrimeGarden Direct. 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 present on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to third-party customer tools as part of the Services, over which we have no monitoring, supervision or influence.
You acknowledge and agree that we provide access to these tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
In the future, we may also offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any third-party embedded functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave our Services to access such third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to any third-party website, or your purchase or use of any products, services, resources or content on any third-party website. Please review the third party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes Shopify's relationship with your store and must not be removed or modified.] PrimeGarden Direct is powered by Shopify technology, which enables us to provide you with the Services. However, any sale and purchase you make in our Store is made directly with PrimeGarden Direct. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and PrimeGarden Direct, including any injury, damage or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchase and transaction with PrimeGarden Direct.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is governed by our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.
As the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access and use of the Services in order to provide and improve the Services. The information you provide to the Services will be transmitted and shared with Shopify as well as with third parties who may be located in a country other than the one in which you reside, to enable us to provide services to you. Please refer to our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
By submitting, uploading, posting, emailing or otherwise sharing ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sub-licensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any media and for any purpose, including commercial use. We may, for example, use our rights under this licence to operate, provide, assess, improve, enhance and promote the Services, as well as to comply with our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms. We have no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that, at our sole discretion, we determine to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates the intellectual property of any party or these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain libellous, unlawful, abusive or obscene material, or computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, 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 is incorrect at any time, without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any local, national or international regulations, rules, laws or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on any protected characteristic; (e) to submit false or misleading information; (f) to knowingly send, receive, upload, download, use or re-use any material which does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm PrimeGarden Direct, Shopify or users of the Services, or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext; (e) use any robot, spider, scraping tool, data collection and extraction tool, device or process, artificial intelligence tool (such as agentic AI), or any automated or manual means to access the Services; or (f) interfere with, bypass or circumvent security features, authorisation, robot exclusion measures or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time, without notice, should we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable or cause the implementation of an Agent to access, use or interact with any Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity, and which may be executed on behalf of, or using a person's device, without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements of section 14.4 below. Furthermore, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from doing so.
14.3 We may limit, including by technical means, if and how any Agent accesses, uses or interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the user agent string of the request: "Agent/[agent name]"; (ii) not hide or disguise that any access, use or interaction is from an Agent, such as by (a) mimicking human behaviour and interaction patterns or (b) filling out or bypassing CAPTCHA or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt that seeks to determine whether interactions are from a human or a computer; (iv) not bypass or avoid any measure intended to block, limit, modify or control if and how Agents access, use or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY PRIMEGAARDEN DIRECT, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER TERMS, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRIMEGAARDEN DIRECT, OUR PARTNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless PrimeGarden Direct, Shopify and our 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 and use of the Services.
We will notify you of any indemnifiable claim, provided that any failure to notify you promptly shall not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of any such claim at your expense, including the selection of legal counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You shall cooperate in the defence of any indemnifiable claim, including by providing relevant documentation.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable 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 enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure by us 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 respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - 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 shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the courts within the jurisdiction where PrimeGarden Direct has its registered office. You and PrimeGarden Direct agree to the venue and personal jurisdiction of such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - 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, at 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 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 following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at kukirinrush0036@gmail.com.
Our contact information is listed below: PrimeGarden Direct kukirinrush0036@gmail.com Rua antonio sergion12 +351 927496200 Not applicable for sole traders 273251414