Terms of service

Terms of Service

OVERVIEW

Welcome to Metavora! The terms “we”, “us” and “our” refer to Metavora. Metavora LTD 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”). Metavora is powered by Shopify, which enables us to provide the Services to you.

The below 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 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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store 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 of your account activity. 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 store. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store, except as required by applicable law.

All descriptions of products 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 that we offer to any person, geographic region or jurisdiction, on a case-by-case basis, subject to applicable law.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Metavora reserves the right to accept or decline your order for any lawful reason at its discretion.

Your order is not accepted until Metavora confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Metavora may be unable to accommodate cancellation requests after an order is accepted, without prejudice to any statutory cancellation rights.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to our Refund Policy and applicable consumer protection laws.

You represent and warrant that your purchases are for your own 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 set out in your order confirmation email.

Applicable taxes and any mandatory charges will be disclosed in accordance with applicable law. Shipping, handling, customs or import charges, where applicable, will be communicated as required before purchase.

Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern, subject to applicable law.

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 expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct and complete, that you are authorized to use the payment method selected, and that you will pay all charges properly incurred by you, including applicable taxes and disclosed shipping fees.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times provided by Metavora are estimates unless expressly guaranteed or otherwise required by applicable law.

We are not responsible for delays caused by circumstances outside our reasonable control, subject to mandatory consumer rights and our legal obligations concerning delivery.

Shipping carriers, customs procedures, and unforeseen logistical circumstances may affect delivery times.

Risk of loss or damage to goods purchased by consumers transfers in accordance with applicable law, including when the consumer or a designated third party acquires physical possession of the goods where required.

For additional information, please refer to our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Metavora, its affiliates or licensors, as applicable, and are protected by applicable copyright, trademark 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 of the material on the Services without our prior written consent, except as permitted by law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Metavora, Shopify or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws.

All rights not expressly granted herein are reserved by their respective owners.

Metavora's names, logos, product and service names, designs, and slogans are trademarks or other protected identifiers of Metavora or their respective owners, where applicable.

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 on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind, except as required by applicable law, and without any endorsement.

To the extent permitted by law, we shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is 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.

We may also, in the future, offer new features through the Services, including the release of new tools and resources.

Such new features shall also be deemed 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 embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you decide to leave the Services to access these materials or third-party sites, you do so at your own discretion.

To the extent permitted by law, we are not liable for harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on such websites.

Please review carefully the third party's policies and practices and make sure you understand them before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Metavora is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our Store are made directly with Metavora LTD.

By using the Services, you acknowledge that Shopify provides the ecommerce platform and is not the seller of the products purchased from Metavora.

Responsibility for sales transactions and consumer obligations remains allocated according to applicable law and the respective roles of Metavora and Shopify.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy.

By using the Services, you acknowledge that you have been provided access to these privacy policies.

Because 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.

Information you submit to the Services may be transmitted to and shared with Shopify as well as third parties located in countries other than where you reside, in accordance with applicable data protection requirements.

Review our Privacy Policy for more 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 non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for purposes connected with operating, improving and promoting the Services, subject to applicable law and your rights.

You represent and warrant that you own or have all necessary rights to the Feedback you submit, that you have disclosed any compensation or incentives received in connection with your submission, and that your Feedback complies with these Terms.

We may monitor, edit or remove Feedback that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates the intellectual property or other rights of any person.

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 unlawful, abusive or obscene material, computer viruses, or other malware that could affect the operation of the Services.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties about the origin of Feedback.

You are responsible for the Feedback you submit and its accuracy, subject to applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information as permitted by law.

Where an error affects an order already placed, we will address it in accordance with applicable consumer protection requirements.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

For any unlawful or malicious purpose.
To violate applicable international, national, regional or local laws or regulations.
To infringe intellectual property rights.
To harass, abuse, threaten, defame or intimidate any person.
To transmit false or misleading information.
To distribute unsolicited advertising, spam or fraudulent communications.
To impersonate another person or entity.
To upload or transmit malicious software.
To collect personal information unlawfully.
To interfere with the security or operation of the Services.
To engage in any activity that restricts or inhibits another person's lawful use of the Services.

We reserve the right to suspend, disable or terminate access to the Services where a violation of these Terms occurs, subject to applicable law.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, where permitted by applicable law.

You will remain responsible for outstanding amounts lawfully due at the date of termination.

The following sections will continue to apply following termination where relevant: 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 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general informational purposes.

We make reasonable efforts to ensure that information provided is accurate and up to date.

Except where required by applicable law, we do not guarantee that all information will be complete, current or error-free.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR CONDITIONS BEYOND THOSE EXPRESSLY PROVIDED OR REQUIRED BY LAW.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY STATUTORY WARRANTIES, CONSUMER GUARANTEES OR OTHER RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, METAVORA LTD, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES WHERE SUCH LIABILITY MAY LAWFULLY BE EXCLUDED.

NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE SUCH EXCLUSION IS PROHIBITED, OR ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY LIMITED OR EXCLUDED.

YOUR MANDATORY CONSUMER RIGHTS REMAIN UNAFFECTED.

SECTION 17 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Metavora LTD, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims arising directly from your unlawful use of the Services, infringement of third-party rights, or material breach of these Terms.

Any indemnification obligation will be interpreted and enforced in accordance with applicable law and shall not override mandatory consumer protections.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the 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 that right or provision.

These Terms of Service and any policies or operating rules posted by us on this website constitute the agreement between you and Metavora regarding your use of the Services, subject to applicable law.

Any ambiguities in the interpretation of these Terms shall be resolved in accordance with applicable legal requirements.

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, except where permitted by applicable law.

We may transfer or assign our rights and obligations under these Terms where legally permitted and without adversely affecting your mandatory consumer rights.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of Portugal, subject to any mandatory consumer protection provisions applicable in the consumer's country of residence.

Nothing in these Terms deprives consumers of the protection afforded by mandatory provisions of applicable law or restricts their rights to bring proceedings before a competent court.

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 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 changes to our website, subject to applicable law.

It is your responsibility to review the website periodically for changes.

We will notify you of material changes where required by applicable law.

Changes will not retroactively alter rights and obligations relating to purchases already completed, except where permitted by law.

SECTION 24 - SMS TERMS & CONDITIONS

Where you expressly opt in to receive SMS communications from Metavora, you may receive marketing and order-related text messages according to the consent you provide.

Consent to marketing messages is not a condition of purchase.

Message frequency varies. Message and data rates may apply.

You can opt out of marketing messages at any time by following the unsubscribe instructions provided or replying STOP where supported.

No mobile information will be shared with third parties or affiliates for their independent marketing or promotional purposes without an appropriate lawful basis.

Questions regarding SMS communications may be sent to support@metavora.shop.