Termos do serviço

OVERVIEW

Welcome to Back9lab! The terms “we”, “us” and “our” refer to Back9lab. Back9lab 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”). Back9lab is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, 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 contain important information about your legal rights, including 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 or our Privacy Policy, you should not use or access the Services. Nothing in these Terms limits any mandatory consumer rights available to you under applicable law.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state, province or country of residence. You also confirm that you have given any required consent for your minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including browsing our online store or purchasing any products or services, you may be asked to provide certain information, such as your email address and billing, payment and shipping details.

You confirm that all information you provide is accurate, current and complete and that you have the necessary rights to provide it.

You are responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make every effort to display and describe our products and services accurately. However, colours and product appearances may vary depending on the device, screen settings and configuration used to access our store.

Minor variations in colour, appearance, measurements or packaging may occur. These variations do not affect your statutory rights if a product is faulty, damaged or materially different from its description.

Product descriptions may be updated without notice. We reserve the right to discontinue products and may limit the quantities available to any person, geographic region or jurisdiction where reasonably necessary.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Your order is accepted when we send you an order confirmation or dispatch confirmation, depending on the checkout process used.

We may decline or cancel an order for legitimate reasons, including suspected fraud, payment failure, stock unavailability, pricing or description errors, or delivery restrictions. If we cancel an order after payment has been taken, we will refund the amount paid.

Please review your order carefully before submitting it. We will try to accommodate cancellation requests but cannot guarantee that an order can be cancelled once it has been processed or dispatched.

If we need to reject, change or cancel your order, we will contact you using the details provided when the order was placed.

Returns, exchanges, cancellations and refunds are governed by our Refund Policy: 

Nothing in our Refund Policy or these Terms limits any mandatory cancellation, warranty or consumer rights available under applicable law.

You confirm that purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change without notice. The price charged will be the price displayed when your order is placed and confirmed in your order confirmation.

Unless expressly stated otherwise at checkout, displayed prices may not include shipping costs, handling fees, customs duties, import taxes or other charges imposed by authorities in the destination country. Any sales tax or VAT collected by us will be shown at checkout.

Prices in our online store may differ from prices offered in physical stores or stores operated by third parties.

We may offer promotions governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotional terms will apply to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information. You also agree to promptly update this information, including your email address and payment details, so that we can complete transactions and contact you when necessary.

You confirm that:

  1. The payment information you provide is accurate and complete.
  2. You are authorised to use the chosen payment method.
  3. The charges will be honoured by your payment provider.
  4. You will pay all applicable charges shown at checkout.

SECTION 5 – SHIPPING AND DELIVERY

Delivery dates and transit times are estimates unless we expressly agree otherwise.

We are not responsible for delays caused by carriers, customs processing, incorrect delivery information supplied by you or events outside our reasonable control. However, nothing in this section excludes responsibilities that cannot legally be excluded.

Risk of loss or damage passes to you when the order is delivered to you or to a person you have identified to receive it, unless applicable law provides otherwise.

Please contact us promptly at support@back9lab.com if your order is delayed, lost or arrives damaged.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including all trademarks, branding, text, images, graphics, product reviews, videos, audio and the design, selection and arrangement thereof, are owned by Back9lab, its affiliates or its licensors. They are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

Without our prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit materials from the Services, except where legally permitted.

Nothing in these Terms grants you a licence or other rights relating to the intellectual property of Back9lab, Shopify or any third party.

The Back9lab name, logo, product names, service names, designs and slogans are trademarks of Back9lab or its affiliates or licensors. They may not be used without prior written permission.

Shopify’s name, logo, product names, service names, designs and slogans are trademarks of Shopify. All other trademarks displayed through the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools offered by third parties as part of the Services. We do not necessarily monitor or control these tools.

Access to third-party tools is provided “as is” and “as available”, without warranties, representations, conditions or endorsements, to the extent permitted by law.

Your use of optional third-party tools is at your own discretion. You should review and understand the terms provided by the relevant third-party provider before using them.

We may introduce new features, tools and resources in the future. These will form part of the Services and will be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content, accuracy or practices of third-party websites. If you leave our Services to access third-party content or websites, you do so at your own discretion.

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

Please review the applicable policies and practices before completing a transaction with a third party. Questions or complaints concerning third-party products or services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Back9lab is powered by Shopify, which enables us to provide the Services.

However, all sales and purchases made through our store are transactions directly between you and Back9lab. Shopify is not the seller and is not responsible for fulfilling orders or providing customer service relating to purchases made from Back9lab.

To the extent permitted by law, Shopify and its affiliates are not liable for claims, damages or losses arising from purchases or transactions made directly with Back9lab.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Certain personal information may also be processed by Shopify in accordance with Shopify’s Privacy Policy: https://www.shopify.com/legal/privacy.

Because the Services are hosted by Shopify, Shopify processes information relating to your access to and use of the Services.

Information submitted through the Services may be shared with Shopify and other service providers, including providers located outside your country of residence, where necessary to operate the Services and fulfil orders.

Please review our Privacy Policy for details about how personal information is collected, used, shared, protected and transferred, and about the rights available to you.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a worldwide, royalty-free, sublicensable licence to use, reproduce, modify, publish, distribute and display that Feedback for purposes including operating, improving and promoting the Services.

You confirm that:

  1. You own the Feedback or have all necessary rights to provide it.
  2. You have disclosed any compensation or incentive received in connection with the Feedback.
  3. Your Feedback complies with these Terms and applicable law.

Unless otherwise required by law, we are not obliged to:

  1. Keep your Feedback confidential.
  2. Pay compensation for your Feedback.
  3. Respond to your Feedback.

We may monitor, edit or remove Feedback that we reasonably consider unlawful, offensive, threatening, defamatory, obscene, otherwise objectionable or in violation of intellectual property rights or these Terms.

Your Feedback must not violate the rights of another person or organisation, including intellectual property, privacy or other personal and proprietary rights.

Feedback must not contain unlawful, abusive or obscene material, viruses or other malicious software. You may not use a false email address, impersonate another person or mislead us or third parties about the origin of your Feedback.

You are responsible for the Feedback you submit and its accuracy. We are not responsible for Feedback posted by users or third parties, except where applicable law provides otherwise.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Information in the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping costs, transit times or availability.

We may correct errors and update information when necessary.

If an error materially affects an order you have already placed, we will notify you and give you the option to confirm the order based on the corrected information or cancel it for a refund, as required by applicable law.

SECTION 13 – PROHIBITED USES

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

You may not use the Services:

  1. For unlawful or malicious purposes.
  2. To violate applicable laws, regulations or ordinances.
  3. To infringe our intellectual property rights or the rights of others.
  4. To harass, abuse, insult, harm, defame, intimidate or threaten another person.
  5. To transmit false or misleading information.
  6. To upload, download or distribute material that does not comply with these Terms.
  7. To distribute spam, junk mail, chain letters or unsolicited promotional materials.
  8. To impersonate another person or organisation.
  9. To restrict or interfere with another person’s use of the Services.
  10. To engage in conduct that may harm Back9lab, Shopify or users of the Services.

You must also not:

  1. Upload or transmit viruses or malicious code.
  2. Reproduce, duplicate, copy, sell, resell or exploit any unauthorised part of the Services.
  3. Unlawfully collect or track the personal information of others.
  4. Spam, phish, scrape, crawl or use similar automated activities without permission.
  5. Interfere with or circumvent security features of the Services or related websites.

We may suspend, disable or terminate your account if we reasonably determine that you have violated these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or suspend or terminate your access to the Services where reasonably necessary, including if you violate these Terms. You will remain responsible for all amounts owed up to the date of termination.

The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that should reasonably survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

Information provided through the Services is made available for general information purposes.

Although we aim to provide accurate information, we do not guarantee that all information will always be complete, current or error-free. Any reliance on general information provided through the Services is at your own discretion.

To the fullest extent permitted by law, and except for any express warranty provided by Back9lab, the Services are provided “as is” and “as available”.

We disclaim implied warranties or conditions only to the extent they may legally be disclaimed. We do not guarantee that the Services will always be uninterrupted, secure, timely or error-free.

This section does not limit any statutory rights or warranties that cannot legally be excluded.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Back9lab and its affiliates, officers, employees, agents, contractors, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential losses, including lost profits, lost revenue, lost savings or loss of data, arising from your use of the Services.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or breach of mandatory consumer rights.

Your rights relating to defective, damaged, misdescribed or undelivered products are not limited by this section.

SECTION 17 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Back9lab, Shopify and our respective affiliates, officers, directors, employees, agents, contractors, licensors and service providers against third-party losses, damages, liabilities and claims arising directly from:

  1. Your material breach of these Terms.
  2. Your violation of applicable law or the rights of a third party.
  3. Your unlawful or unauthorised use of the Services.

We will notify you of any relevant claim. A delay in notification will not relieve you of your obligations unless the delay materially disadvantages you.

We may control the defence and settlement of a claim, but we will not agree to a settlement that imposes non-monetary obligations on you without your reasonable consent.

You agree to reasonably cooperate in the defence of relevant claims, including by providing necessary documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law.

Any unenforceable part will be treated as separated from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted on our website relating to the Services constitute the entire agreement between you and us regarding your use of the Services.

They replace prior or contemporaneous agreements, communications and proposals relating to the same subject matter.

SECTION 20 – ASSIGNMENT

You may not transfer or assign these Terms or your rights and obligations under them without our prior written consent.

We may transfer or assign our rights and obligations under these Terms where legally permitted, including as part of a merger, acquisition, restructuring or sale of our business.

Any transfer or assignment will not reduce your mandatory consumer rights.

SECTION 21 – GOVERNING LAW

These Terms and any separate agreement under which we provide the Services are governed by the laws. This choice of law does not affect any mandatory consumer protections available in your country of residence.

SECTION 22 – HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the provisions of these Terms.

SECTION 23 – CHANGES TO THESE TERMS

You can review the most current version of these Terms of Service on this page.

We may update, change or replace parts of these Terms by publishing an updated version on our website.

Where required by applicable law, we will notify you of material changes. Such changes will take effect on the date specified in the notice.

Your continued use of the Services after updated Terms take effect constitutes acceptance of those changes, to the extent permitted by law.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms should be sent to support@back9lab.com.