Terms of service
Welcome to Cabral! The terms "we", "us" and "our" refer to Cabral. Cabral 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"). Cabral 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. Nothing in these Terms affects your statutory rights as a consumer, including any rights that cannot be excluded or limited under the law of your country of residence.
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 18 years old, or that you have your parent's or legal guardian's consent to use the Services, and that 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 in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the device you use to access the store and its display settings.
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.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Cabral reserves the right to accept or decline your order for any reason at its discretion, except where doing so would breach applicable consumer protection law. Your order is not accepted until Cabral confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Cabral may be unable to accommodate cancellation requests after an order is accepted, except as set out in our Refund Policy or as required by law (including your right of withdrawal if you are an EU consumer, or your rights under the Australian Consumer Law if you are an Australian consumer).
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.
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 will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include applicable taxes (including VAT/GST), shipping, handling, customs, or import charges unless otherwise expressly stated.
Prices posted in our online store may differ from prices offered in physical stores or in stores operated by third parties. We may offer promotions from time to time that are governed by terms separate from these Terms. Where there is a conflict, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information, and to promptly update this information (including your email address and payment details) so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use the payment method for the purchase, and (iii) you will pay all charges incurred, including shipping and handling and all applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or events outside our reasonable control. Risk of loss or damage to products passes to you once the products are delivered to you, unless the carrier is engaged by us, in which case risk passes on delivery to the carrier acting on our behalf.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brand names, text, displays, images, graphics, product photography, video, and audio, and the design, selection, and arrangement thereof, are owned by Cabral, its affiliates, or licensors, 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 material on the Services without our prior written consent.
Cabral's name, logo, product and service names, designs, and slogans are trademarks of Cabral or its affiliates or licensors. You must not use these trademarks without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks on the Services are the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we do not control or monitor. We provide access to such tools "as is" and "as available," without warranties of any kind, and without endorsement. Your use of any optional third-party tools is entirely at your own risk, and you should review the relevant third party's own terms before using them.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites operated by third parties. We are not responsible for the content, accuracy, or practices of any third-party website, and accessing them is at your own risk. Please review the relevant third party's own policies before engaging in any transaction with them.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Cabral is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make through our store are made directly with Cabral. Shopify is not responsible for any aspect of any sale between you and Cabral, including any injury, damage, or loss resulting from purchased products.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which explains how we, as data controller, process your personal data in accordance with the EU General Data Protection Regulation (GDPR) and other applicable data protection law, including your rights to access, correct, delete, or port your data. Certain personal information may also be processed by Shopify in its role as data processor; see Shopify's Privacy Policy for details. By using the Services, you acknowledge that you have read our Privacy Policy.
SECTION 11 - FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, and display such Feedback for any purpose, including commercial use. You represent that you own or have the necessary rights to all Feedback you submit, and that it will not infringe any third party's rights or contain unlawful, defamatory, or obscene content. We have no obligation to keep Feedback confidential, compensate you for it, or respond to it, and may remove it at our discretion.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, or availability. We reserve the right to correct these and to update or cancel orders affected by such errors, without prior notice, subject to your statutory rights.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services to: violate any applicable law; infringe our or any third party's intellectual property rights; harass, defame, or harm any person; transmit false or misleading information; send spam or unsolicited promotional material; impersonate any person or entity; or engage in conduct that restricts or harms Cabral, Shopify, or other users.
You also agree not to: upload viruses or malicious code; reproduce, extract, or exploit any portion of the Services without authorisation; collect or track others' personal information; use bots, scrapers, or automated/AI tools to access the Services without authorisation; or bypass or interfere with any security or access-control measures. We may suspend, disable, or terminate your account at any time if we determine you have violated these Terms.
SECTION 14 - AGENTS
This section applies if you use, allow, or cause the deployment of an "Agent" (any software that takes autonomous or semi-autonomous action on your behalf without direct supervision) to access or interact with the Services. Agents must identify themselves as such in all requests (via the user agent string "Agent/[agent name]"), must not conceal that interactions are automated, must respond truthfully to any prompt seeking to distinguish human from automated use, and must not circumvent any measure intended to control Agent access. We may limit or block Agent access at our discretion.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services at our discretion, and you will remain liable for all amounts due up to the date of termination, without prejudice to your statutory rights (including in respect of orders already placed). Provisions that by their nature should survive termination — including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law — will continue to apply.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on the Services is made available for general information purposes, and we do not warrant its accuracy, completeness, or usefulness beyond what is legally required. Except as expressly stated by Cabral, or as required by applicable consumer protection law, the Services are provided "as is" and "as available," without warranties of any kind.
Nothing in this section excludes or limits any right you may have under applicable consumer protection law that cannot lawfully be excluded, including your statutory rights under the EU Consumer Rights Directive, national implementing legislation, or the Australian Consumer Law. Where such rights apply, they take precedence over anything in this section.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Cabral, its officers, employees, affiliates, and service providers (and those of Shopify) will not be liable for any indirect, incidental, or consequential damages arising from your use of the Services, except where such liability cannot be excluded under applicable law. Nothing in this section limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be limited or excluded under the law of your country of residence, including your rights under the Australian Consumer Law.
SECTION 18 - INDEMNIFICATION
You agree to indemnify and hold harmless Cabral, Shopify, and our respective affiliates, officers, employees, and service providers from losses, damages, and liabilities (including reasonable legal fees) arising from your breach of these Terms, your violation of any law or third-party right, or your use of the Services. We will notify you of any indemnifiable claim and may control its defence, but will not settle any claim requiring non-monetary obligations from you without your consent.
SECTION 19 - SEVERABILITY
If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remainder of these Terms will remain in full force and effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any provision of these Terms does not waive our right to do so later. These Terms, together with any referenced policies, constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements or communications.
SECTION 21 - ASSIGNMENT
You may not transfer or assign these Terms or your rights under them without our prior written consent. We may assign these Terms without notice to you, provided this does not reduce the guarantees available to you as a consumer.
SECTION 22 - GOVERNING LAW
These Terms are governed by the laws of Portugal, without regard to conflict of law principles, and the courts of Portugal shall have jurisdiction, save that: if you are a consumer resident in the European Union, nothing in this clause deprives you of the protection of any mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of your own country of residence; if you are a consumer resident in Australia, nothing in this clause limits any right you have under the Australian Consumer Law, and this clause does not exclude the application of Australian law where it is required to apply.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and do not limit or affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We may update these Terms from time to time by posting the revised version on our website. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services after such changes constitutes acceptance of the updated Terms, save that any change will not apply retroactively to an order already placed.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at contact@cabralactivewear.com.
Our contact information:
Cabral (registered as: Cabral - Melanie Hoeven)
contact@cabralactivewear.com
Avenida Miguel Bombarda n.º 133, 6º Esq., 1050-164 Lisboa, Portugal
+351 913 74 14 27
NIF / VAT: 336277563