OVERVIEW
Welcome to Garra Esportes! The terms “we”, “us” and “our” refer to Garra Esportes. Garra Esportes operates this shop and website, including all related information, content, features, tools, products and services in Orders to provide you, the customer, with a personalised shopping experience. Garra Esportes is operated by Shopify, which enables us to provide the services to you.
The terms and conditions below, together with any policies referenced here, “Terms of Service”, describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about 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. If you do not agree to these Terms of Service or the Privacy Policy, you must 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 and that you have given us your consent to allow any of your minor dependants to use the Services on a device you own, purchase or manage.
To use the Services, including accessing or browsing our Online Shop or purchasing any products, you need to be aware that the Online Shop is your preferred location.
To purchase the products or services we offer, you may be asked to provide certain information, such as your email address and financial, payment and shipping details. You represent and warrant that all information provided in our shop is correct, current and complete, and that you have all the necessary rights to provide that information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to anyone else.
SECTION 2 - PRODUCTS
We have made every effort to present an accurate representation of the products and services in our online shop. However, please note that product colours or appearance may differ from how they appear on your screen due to the type of device you use to access the shop and your device settings.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be the same as those presented or displayed in our online shop.
All product descriptions are subject to change at any time, without notice and 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, geographical region or jurisdiction, on a package-by-package basis.
SECTION 2.1 - COMMERCIAL INTERMEDIATION
Garra Esportes acts as a commercial intermediary between the customer and the suppliers/partners responsible for producing, picking and shipping the products purchased through our shop. By making a purchase, you acknowledge and agree that Garra Esportes may mediate the contracting, processing and forwarding of the order with suppliers, commercial partners and logistics partners, while maintaining customer service and support in accordance with our policies.
SECTION 3 - ORDERS
By placing an order, you are making an offer to purchase. Garra Esportes reserves the right to accept or decline your orders for any reason at its sole discretion. Your order will not be accepted until Garra Esportes confirms acceptance. We must receive and process your payment before your order is accepted. Please review your orders carefully before submitting them, as Garra Esportes may be unable to fulfil cancellation requests after an order has been accepted. If we do not accept, amend or cancel an Order, we will attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.
Your purchases may be returned or exchanged exclusively in accordance with our refund policy.
You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND FINANCIAL MATTERS
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include tax, shipping, handling, customs or import charges.
The prices displayed in our Online Shop may differ from prices offered in physical shops, online shops or other shops operated by third parties. From time to time, we may offer promotions on the Services that may affect prices and are governed by terms and conditions separate from these Terms. If the terms of a promotion conflict with these Terms, the promotion terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our shops. 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 when necessary.
You represent and warrant that: (1) the credit card information provided is true, correct and complete; (2) you are duly authorised to use that credit card for the purchase; (3) the charges you incur will be honoured by your credit card company; and (4) you will pay the charges incurred at the published prices, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by the carrier, customs processing or events beyond our control. Once we transfer 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, and their design, selection and arrangement, are protected by US and foreign patents, copyright and other intellectual property laws.
These Terms permit you to use the Services only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided here, nothing in these Terms grants or should be interpreted as granting you a licence or other rights under any patent, trademark, copyright or other intellectual property of Garra Esportes, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws.
The names, logo, product and service names, designs and slogans of Garra Esportes are trademarks of Garra Esportes or its affiliate or licensor. You must not use such trademarks without prior written permission from Garra Esportes. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools provided by third parties as part of the Services, which we do not monitor, control or have any influence over.
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 will have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk, and you should ensure that you are familiar with and agree to the terms under which those tools are provided by the relevant third-party providers.
In future, we may also offer new functionality through the Services (including the release of new tools and features). This new functionality will also be considered an integral part of the Services and is an integral part of 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 embedded third-party 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 choose to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not responsible for any harm or loss related to your access to any third-party website, or your purchase or use of any products, services, features or content on any third-party website. Carefully review third-party policies and practices and ensure that you understand them before entering into any transaction. Complaints, claims, concerns or questions relating to third-party products and services should be directed to those third parties.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Garra Esportes is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our shop will be made directly with suppliers/partners. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Garra Esportes, 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 relating to your purchase and transaction with Garra Esportes.
SECTION 10 - PRIVACY POLICY
All personal information we enter through the Services is subject to 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 about your access to and use of the Services in order to provide and improve the Services for you. The information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in a different country from the one where you live, so that we can provide the services to you. Review our Privacy Policy [LINK] for more details about how we, Shopify and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, publish, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this licence to operate, provide, assess, enhance, improve and promote the Services, and to fulfil our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all comments; (ii) you have disclosed any compensation or incentives received in connection with submitting your comments; and (iii) your comments will comply with these Terms. We have and will have no obligation (1) to keep your feedback confidential; (2) to pay compensation for your feedback; or (3) to respond to your feedback.
We may, but have no obligation to, monitor, edit or remove feedback that we determine at our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or to violate a third party's intellectual property or these Terms of Service.
You agree that your feedback will not violate any third-party rights, including copyright, trademarks, privacy, personality or other personal or proprietary rights. You also agree that your feedback will not contain libellous, unlawful, abusive or obscene content, or any computer virus 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 else or otherwise mislead Shopify or third parties about the origin of any feedback. You are solely responsible for any Feedback you make and its accuracy. We assume no responsibility or legal liability for any feedback posted by you or third parties.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, 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 and without notice, including after the order has been submitted.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You must not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any local, international, federal, provincial or state regulations, rules, laws or ordinances; (c) to infringe or violate our intellectual property rights or those of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or anyone else; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or arrange the sending of any advertising or promotional material, including any "junk mail", "chain letter", "spam" or 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 Garra Esportes, Shopify or users of the Services, or expose them to civil liability.
In addition, you agree not to: (a) upload or transmit viruses or any other 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 part of the Services; (c) collect or track other people's personal information; (d) spam, engage in phishing, pharming or pretexting to access the Services; (e) use any robot, spider, scraping tool, data collection and extraction tool, automated device or process, artificial intelligence tool (such as AI), or automated or manual means to access the Services; or (f) interfere with, bypass or circumvent security or authorisation features, robot exclusion or other measures we use to restrict access to the Services. We reserve the right to suspend, deactivate or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable or cause an Agent to be deployed 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 that may run 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 and operates in strict compliance with the requirements of section 14.4 below at all times. Furthermore, no Agent may access, use or interact with the Services if we have asked the Agent to refrain from accessing, using or interacting with any service.
14.3 We may limit, including through technical measures, whether and how any Agent accesses, uses and 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 agent's name by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) not hide or obscure that any access, use or interaction is from an agent, such as by (a) imitating human behaviour and interaction patterns or (b) completing or bypassing CAPTCHA or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt seeking to determine whether interactions originate from a human or a computer; (iv) not bypass or otherwise avoid any measure intended to block, limit, modify or control whether 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 of them) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the termination date.
The following sections will continue to apply after 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 that 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 decision based on this information is entirely your responsibility. We disclaim all liability arising from reliance on such materials by you, any other visitor to the Services or anyone who may be informed about any part of their Content.
EXCEPT AS EXPRESSLY STATED BY Garra Esportes, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER 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 GUARANTEE, REPRESENT OR WARRANT 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 OR OTHER WARRANTIES; THEREFORE, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Garra Esportes, OUR PARTNERS, DIRECTORS, OFFICERS, 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 PURCHASED THROUGH 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 USING THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Garra Esportes, 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 from (1) your violation of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, and failure to give prompt notice will not relieve you of your obligations unless you suffer material prejudice. We may control the defence and settlement of such a claim at your discretion, including the choice of legal counsel, but we will not settle any claim requiring non-monetary obligations on your part without your consent (which may not be withheld without good reason). You must cooperate in the defence of indemnifiable claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable Law, and the unenforceable portion will be deemed severed from these Terms of Service; such determination will not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Failure or delay in exercising or enforcing any right or provision of these Terms of Service will not constitute a waiver of that right or provision."
These Terms of Service and any policies or operating rules published by us on this website or in relation 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, without limitation, any previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service will not be construed against the party that drafted them.
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 will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notification.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreement under which we provide Services to you will be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Garra Esportes has its headquarters. You and Garra Esportes agree to the venue and personal jurisdiction of those courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO THE TERMS OF SERVICE
You can review the most up-to-date 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 publishing updates and changes on 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. Continued use of or access to the Services after any changes to these Terms of Service are published constitutes acceptance of those changes.
SECTION2.5 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to contato.garraesportes@gmail.com.
Our contact information is below:
contato.garraesportes@gmail.com
