Terms of service

OVERVIEW
Welcome to e.Va Design! The terms “we”, “us” and “our” refer to e.Va Design. e.Va Design operates this store and website, including all information, content, features, tools, products and related services, in order to provide you, the customer, with a personalised shopping experience (the “Services”). e.Va Design 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”), set out 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 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 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 the country, state, or province where you reside, and that you have given us your consent to allow any of your minor dependants 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 products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide through our store is accurate, current, 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 that occurs under your account. You may not transfer, sell, assign, or licence your account to any other person.

SECTION 2 — OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online store. However, please note that colours or the appearance of a product may differ from how they appear on your screen due to the device used to access the store and your device settings and configuration.
Our products are 3D printed. As a result, the product may show subtle printing lines or filament marks. Products are supplied as described at the time of purchase and benefit from the applicable statutory legal guarantees of conformity under the relevant legislation.
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 we may limit the quantities of any products 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. e.Va Design reserves the right to accept or refuse your order for any reason, at its sole discretion. Your order will not be considered accepted until e.Va Design confirms acceptance. We must receive and process payment before your order is accepted. Before submitting your order, please review it carefully, as e.Va Design may not be able to fulfil cancellation requests after an order has been accepted. If we do not accept an order, make changes to it, or cancel it, we will attempt to notify you via the email address, billing address and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange only in accordance with our Refund Policy.

SECTION 4 — PRICING 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 shown in your order confirmation email. Unless expressly stated otherwise, all displayed prices include VAT at the applicable statutory rate, where applicable.
Prices published in our online store may differ from prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions on the Services, which may affect pricing and are governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. 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 transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorised to use that credit card for the purchase; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay charges incurred by you at the published prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 — SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guarantees. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Where we transfer the products to the carrier, title to, and the risk of loss or damage to, the products passes to the customer at the time the customer, or a third party designated by the customer, acquires physical possession of the goods, in accordance with applicable European Union law.

SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, branding, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection and arrangement thereof, are owned by e.Va Design, its affiliates, or its licensors and are protected by United States and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You may 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. Except as expressly provided herein, nothing in these Terms grants, or shall be construed as granting, any licence or other rights to you under any patent, trademark, copyright or other intellectual property of e.Va Design, Shopify, or any third party. Unauthorised use of the Services may violate applicable intellectual property laws. e.Va Design reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of e.Va Design are trademarks of e.Va Design or its affiliates or licensors. You must not use such trademarks without the prior written permission of e.Va Design. 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 on the Services are 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 do not monitor, control, or contribute to.
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 and without any endorsement. We have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk, and you should ensure that you are familiar with and approve the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be considered part of the Services and will be 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 examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to any third-party websites, or for your purchase or use of any products, services, resources, or content on any third-party websites. You should carefully review third-party policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY
e.Va Design is powered by Shopify, which enables us to provide the Services. However, any sales and purchases you make through our store are made directly with e.Va Design. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and e.Va Design, including any injury, damage, or loss resulting from products or services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to purchases and transactions you make with e.Va Design.

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 confirm that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access and use of the Services in order to provide and optimise the Services. Information you submit through the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in countries other than your country of residence, in order to provide services to you. Please review our Privacy Policy for more information 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 licence to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial use. We may, for example, use this licence to operate, provide, evaluate, optimise, improve, and promote the Services and to meet our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that: (i) you own or otherwise have all necessary rights to the 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 Feedback confidential; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any third party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary right. You also agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain 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 us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We assume no responsibility and accept no liability for any Feedback posted by you or any third party.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery 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 inaccurate, at any time 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, national, regional, or local regulations, rules, laws, or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload, transmit, use, or reuse any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; (h) to impersonate or attempt to impersonate any 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 e.Va Design, Shopify, or users of the Services, or expose them to liability.
In addition, 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 affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; 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 liable for all amounts due up to and including the date of termination.
The following sections will survive 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 15 — DISCLAIMER OF WARRANTIES
The information provided on this website is for general informational and commercial purposes. While we make every effort to ensure that content is accurate and up to date, we do not warrant that all information will always be complete or free from errors. Products are supplied as described at the time of purchase and benefit from the mandatory statutory legal guarantees applicable under European Union law; no consumer statutory rights are excluded. The store is not responsible for damage resulting from improper, negligent, or non-compliant use of the products, nor for incorrect interpretations of the information provided on the website. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by law.

SECTION 16 — LIMITATION OF LIABILITY
To the extent permitted by applicable law, the store’s liability is limited to proven direct damages caused by a contractual breach attributable to the store. The store is not liable for indirect damages, loss of profit, loss of revenue, business interruption, or any consequential damages resulting from the use of the products or services, except where such damages result from wilful misconduct or gross negligence. Nothing in these Terms excludes or limits consumer rights under European Union law, including rights relating to statutory guarantees, product liability, or personal injury.

SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless e.Va Design, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable legal fees, payable to third parties, arising out of or relating to (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that a failure to provide prompt notice will not relieve you of your obligations except to the extent you are materially prejudiced. We may control the defence and settlement of the claim at your expense, including choosing legal counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documentation.

SECTION 18 — SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. 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 and any policies or operating rules posted by us on this website or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

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; 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 and without notice to you.

SECTION 21 — GOVERNING LAW
These Terms of Service are governed by and construed in accordance with Portuguese law and European Union law. The courts of the consumer’s place of residence shall have jurisdiction, in accordance with applicable law.

SECTION 22 — HEADINGS
Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 — CHANGES TO THE 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, at our sole discretion, to update, change, 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 for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.