Terms of service
The website www.nobyamelia.com is owned and operated by Amélia Machado Modesto, a sole proprietorship with tax identification number 254370160 and tax residence at Urbanização Mourasol, Lote 39, 7860-356 Moura, Portugal — hereinafter referred to as “NÔbyAmélia.”
For any questions related to the Services, you may contact us via email at info@nobyamelia.com or by phone at (+351) 925 702 078 (call to the national mobile network).
Welcome to NÔbyAmélia. The terms “we” and “our” refer to NÔbyAmélia. NÔbyAmélia operates this online store and its website, including all related information, content, features, tools, products, and services, to provide you, as a customer, with a personalized shopping experience (the “Services”).
Our online store runs on Shopify technology, which allows us to provide a stable and secure service.
The terms and conditions below, together with any policies referenced herein (the “Terms of Service” or “Terms”), govern your rights and responsibilities as a user of the Services.
We recommend that you read these Terms of Service carefully, as they contain important information regarding your legal rights, including disclaimers of warranties and limitations of liability.
By accessing, using, or interacting with our Services, you acknowledge that you have read, understood, and agree to these Terms of Service and our Privacy Policy. If you do not agree, you should refrain from using our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state or province of residence and have given us consent to allow any minor dependents to use the Services on devices you own, purchase, or operate.
To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, up-to-date, and complete and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We make every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device used and its settings.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match what is presented or illustrated in our online stores.
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 offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. NÔbyAmélia reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be considered accepted until NÔbyAmélia confirms acceptance. Payment must be received and processed before your order is accepted. Before submitting your order, please review it carefully, as NÔbyAmélia may not be able to accommodate cancellation requests once the order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided at the time of order.
Your purchases are subject to return or exchange only in accordance with our Refund Policy.
You represent and warrant that the purchases you make are for personal or household use and not for 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 or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless otherwise expressly indicated, published prices do not include taxes, shipping, handling, or customs/import duties.
Prices published in our online stores may differ from those offered in physical stores or other online stores operated by third parties. Periodically, we may offer promotions on the Services, which may affect prices and are governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your account and other information, including email address, credit card numbers, and expiration dates, so that we can complete transactions and contact you as necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you have the proper authorization to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay all charges incurred by you at the prices published, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 — SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. When we transfer products to the carrier, title and risk of loss pass to you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, logos, text, displays, images, graphics, product reviews, video and audio, as well as their design, selection, and arrangement, are the property of NÔbyAmélia, its affiliates, or licensors and are protected by patent, copyright, and other intellectual property laws in the U.S. and abroad.
These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, transmit, or otherwise exploit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be construed as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of NÔbyAmélia, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. NÔbyAmélia reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of NÔbyAmélia are trademarks of NÔbyAmélia or its affiliates or licensors. You may not use these trademarks without prior written permission. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be provided access to customer tools offered by third parties as part of the Services, over which we exercise no monitoring, control, or contribution.
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 endorsement. We have no responsibility arising from or related to your use of third-party optional tools.
Any use you make of the optional tools provided through the website is entirely at your own risk, and you must ensure that you are aware of and approve the terms under which such tools are provided by the relevant third-party provider(s).
In the future, we may also offer new features through the Services (including new tools and resources). These new features shall also be considered part of the Services and are 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 embedded third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of any materials or third-party websites you choose to access. If you leave the Services to access such materials or websites, you do so at your own risk.
We are not responsible for any damages or losses related to your access to third-party websites, or for your purchase or use of any products, services, features, or content on any third-party websites. You should carefully review third-party policies and practices and ensure you understand them before conducting any transaction. Claims, complaints, or questions regarding third-party products and services must be directed to the third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
NÔbyAmélia relies on Shopify technology to provide the Services. However, any sales and purchases made on our Store are made directly with NÔbyAmélia. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and NÔbyAmélia, including any injuries, damages, or losses resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to purchases and transactions you make with NÔbyAmélia.
SECTION 10 — PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy, which can be viewed here, 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 these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal information related to your access and use of the Services to provide and optimize the Services. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in countries different from your country of residence, to provide you with services. Review our Privacy Policy for further details on how we, Shopify, and our partners use your personal information.
SECTION 11 — FEEDBACK
If you submit, upload, post, 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 license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may, for example, use these rights to operate, provide, evaluate, optimize, improve, and promote the Services and fulfill our obligations under the Terms of Service.
You further represent and warrant that: (i) you own or have the necessary rights to any Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation to (1) keep your Feedback confidential; (2) pay you for Feedback; or (3) respond to your Feedback.
We may, but are not required to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that otherwise violates the intellectual property rights of others or these Terms of Service.
You agree that your Feedback will not violate any rights of any third parties, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or illegal, abusive, or otherwise obscene content, nor contain any 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 else, or mislead us or others about the origin of any Feedback. You are solely responsible for any Feedback you share, as well as its accuracy. We are not responsible or liable for Feedback posted by you or others.
SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or about the Services may contain typographical errors, inaccuracies, or omissions regarding product descriptions, prices, promotions, shipping fees, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, or to cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted an 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 international, federal, state, or local rules, laws, or regulations;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, slander, defame, intimidate, or cause damage to any of our employees or any other person;
(e) to transmit false or misleading information;
(f) to intentionally send, receive, upload, transfer, use, or reuse any material that does not comply with these Terms;
(g) to transmit or facilitate the sending of any advertising or promotional material, including any “unsolicited mail,” “chain letters,” “spam,” or any similar solicitation;
(h) to impersonate or attempt to impersonate any other person or entity; or
(i) to engage in any other conduct that interferes with or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may cause harm to NÔbyAmélia, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that could affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
(c) collect or track the personal information of others;
(d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or
(e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 — 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 responsible for all amounts due up to the date of termination, including.
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 survive termination.
SECTION 15 — DISCLAIMER OF WARRANTIES
The information provided on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such materials is strictly at your own risk. We disclaim all liability 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 part of its content.
EXCEPT AS EXPRESSLY STATED BY NÔBYAMÉLIA, 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, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, 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 WARRANTIES OR OTHER TYPES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NÔBYAMÉLIA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND THEIR 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, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE ARISING OUT OF OR RELATED TO YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless NÔBYAMÉLIA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to third parties arising out of or resulting from (1) your violation of these Terms of Service or any documents incorporated by reference; (2) your violation of any law or the rights of others; or (3) your access and use of the Services.
We will provide notice of any indemnifiable claim, provided that failure to provide prompt notice does not relieve you of your obligations, except in the case of material losses. We may control the defense and settlement of such indemnified claim at our expense, including the choice of counsel, but will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You will cooperate in defending indemnified claims, including by providing relevant documentation.
SECTION 18 — SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the maximum extent permitted by applicable law, and the unenforceable part shall be considered separate from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19 — WAIVER; ENTIRE 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, along with any policies or operational rules posted by us on this website or in relation to the Service, constitute the entire agreement and contract between you and us, governing your use of the Service and superseding any prior or contemporaneous agreements, communications, and proposals, written or oral, between you and us (including any previous versions of the Terms of Service).
Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.
SECTION 20 — 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 such attempt shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 — GOVERNING LAW
These Terms of Service and any separate agreements through which we provide you the Services shall be governed and construed in accordance with the courts of the jurisdiction where NÔbyAmélia is established. You and NÔbyAmélia consent to personal jurisdiction and venue in such courts.
SECTION 22 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 — CHANGES TO TERMS OF SERVICE
You may 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, alter, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically to be aware of such changes. We will provide notice of any significant 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 after the posting of any changes constitutes acceptance of those changes.
SECTION 24 — CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to info@nobyamelia.com.
Our contact information is:
NÔbyAmélia
info@nobyamelia.com
Urbanização Mourasol, Lote 39, 7860-356 Moura, Portugal
(+351) 925 702 078
Tax ID: 254370160