Terms of service
OVERVIEW
Welcome to Ferral - Spare Parts! The terms “we” and “our” refer to Ferral - Spare Parts. Ferral - Spare Parts operates this store and website, including all information, content, features, tools, products, and related services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). Ferral - Spare Parts uses Shopify technology, which allows us to provide you with the Services.
The terms and conditions below, along with any policies referenced in this document, (the “Terms of Service” or “Terms”) describe 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.
When you visit, interact with, or use our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LIGAÇÃO]. 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 the state or province where you reside and that you have given your consent for any of your minor dependents to use the Services on devices you own, purchase, or control.
To use the Services, including accessing or browsing our online stores or purchasing any of the 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 this information.
The responsibility for maintaining the security of your account credentials and for all activity on your account is solely yours. 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 stores. However, please note that the colors or appearance of the product may differ from how they appear on your screen due to the type of device used to access the store and the settings and configurations of your device.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as those 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 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 buy. Ferral - Spare Parts reserves the right to accept or refuse your order for any reason, at its sole discretion. Your order will not be considered accepted until Ferral - Spare Parts confirms acceptance. We must receive and process payment before your order is accepted. Before submitting your order, please review it carefully, as Ferral - Spare Parts may not be able to fulfill cancellation requests after the order is accepted. If we do not accept, make changes, or cancel an order, we will attempt to notify you via the email, 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 [LINK].
The user represents and warrants that the purchases made 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 indicated in the confirmation email of your order. Unless expressly stated otherwise, the published prices do not include taxes, shipping, handling, or customs or import fees.
The prices published in our online stores may differ from the prices offered in physical stores or in online or other types of stores operated by third parties. Periodically, we may offer promotions on the Services, which may affect prices and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide updated, complete, and accurate information regarding the purchase, payment, and account for all purchases made at our stores. You agree to immediately update your account and other information, including email address, credit card numbers, and expiration dates, so that we can complete transactions and contact the user as necessary.
You represent and warrant that (i) the credit card information provided is true, correct, and complete, (ii) you are authorized to use that credit card to make the purchase, (iii) the charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the published prices, including any 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 do not constitute guarantees. We are not liable for delays caused by carriers, customs processing, or events beyond our control. When we transfer the 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, brands, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection, and arrangement of the same, are the property of Ferral - Spare Parts, their respective affiliates or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms allow you to use the Services only for personal and non-commercial use. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, transfer, store, or transmit any material regarding the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be interpreted as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of Ferral - Spare Parts, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Ferral - Spare Parts reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of Ferral - Spare Parts are trademarks of Ferral - Spare Parts or their respective affiliates or licensors. You may not use these trademarks without the prior written permission of Ferral - Spare Parts. 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 related to the Services are 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 have 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 any endorsement. We have no liability arising from or related to your use of third-party optional tools.
Any use of the optional tools offered through the website is done entirely at your own risk, so you should ensure that you are aware of and agree to the terms under which the tools are provided by the relevant third-party provider(s).
In the future, we may also offer new features through the Services (including the launch of new tools and resources). These new features should 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 third-party functionality embedded). We are not responsible for examining or evaluating the content or accuracy of any materials or third-party websites you choose to access. If you decide to leave the Services to access these materials or third-party websites, you do so at your own risk.
We are not responsible for any damages or losses 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 the policies and practices of third parties and ensure that you understand them before making any transaction. Claims, complaints, inquiries, or questions related to third-party products and services should be directed to the third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
[NOTA PARA O COMERCIANTE: Esta secção descreve de forma precisa a relação da Shopify com a sua loja e não deve ser removida ou modificada.]
Ferral - Spare Parts uses Shopify technology, which allows us to provide you with the Services. However, any sales and purchases you make in our Store are made directly with Ferral - Spare Parts. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Ferral - Spare Parts, 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 the purchases and transactions you make with Ferral - Spare Parts.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can review here [LIGAÇÃO], and certain personal information may be subject to Shopify's Privacy Policy, which you can review here. By using the Services, you confirm 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 in order 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 who may be located in countries different from your country of residence, to provide you with services. Please review our privacy policy [LIGAÇÃO] 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 perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to any Feedback; (ii) you have disclosed any compensation or incentives received in connection with the submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation to (1) keep your Feedback confidential; (2) pay you any compensation for the Feedback; or (3) respond to your Feedback.
We may, but we have no obligation to monitor, edit, or remove 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 third parties or these Terms of Service.
You agree that your Feedback will not violate any rights of any third parties, including copyrights, trademarks, privacy, personality, or any other personal or property rights. You also agree that your Feedback will not contain defamatory or illegal, abusive, or otherwise obscene Feedback, nor will it contain any computer virus or other malware that may in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties 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 any Feedback posted by you or third parties.
SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information in or about the Services that contains typographical errors, inaccuracies, or omissions regarding product descriptions, prices, promotions, offers, product shipping charges, shipping 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, district, or state regulations, rules, laws, or local decrees; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, belittle, intimidate, or cause harm 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 messages," "spam," or any similar requests; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, as determined by us, may harm Ferral - Spare Parts, Shopify, or the users of the Services, or expose them to liabilities.
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 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 prior notice, and you will remain responsible for all amounts due up to the date of termination, inclusive.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver of Liability; 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 in the Services or through them is made available for general informational purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Your reliance on this information is strictly at your own risk. We exclude all liability arising from any reliance placed on these materials by you or any other visitor to the Services, or by any person who may be informed of any part of its content.
EXCEPT AS EXPRESSLY STATED BY Ferral - Spare Parts, 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, MERCHANTABILITY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR IMPLIED WARRANTIES OR OTHER TYPES, SO THE ABOVE EXCLUSION OF LIABILITY MAY NOT APPLY TO YOU.
SECTION 16 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Ferral - Spare Parts, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND THEIR RESPECTIVE AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF 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 YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE USE OF THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, AMONG OTHERS, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Ferral - Spare Parts, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorney's fees, payable to third parties arising out of or related to (1) your violation of these Terms of Service or the documents incorporated by reference, (2) your violation of any law or the rights of any third party, or (3) your access and use of the Services.
We will send you a notice regarding any claim that may be subject to indemnification, provided that the lack of prompt notice does not constitute a waiver of your obligations, except in the case of material damages. We may control the defense and settlement of that claim at your expense, including the choice of an attorney, 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 defense of indemnified claims, including by providing relevant documentation.
SECTION 18 — SEVERABILITY
If any provision of these Terms of Service is found to be illegal, void, or unenforceable, that provision shall still be enforceable to the maximum extent permitted by applicable law, and the unenforceable provision shall be deemed separate from these Terms of Service. Thus, this determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19 — DISCLAIMER; 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 relation to the Service constitute the entire agreement and understanding between you and us, governing your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 — ASSIGNMENT
You may not assign, transfer, or delegate this Agreement or any of its rights or obligations under these Terms without our prior written consent, so 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 or notice from us.
SECTION 21 — APPLICABLE LAW
These Terms of Service and any separate agreements under which we provide you the Services will be governed and interpreted in accordance with the federal and state or territorial courts in the jurisdiction where Ferral - Spare Parts is established. The user and Ferral - Spare Parts consent to the venue and personal jurisdiction in these 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 THE TERMS OF SERVICE
You can review the most recent 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 send you a notification of any significant changes to these Terms in accordance with applicable law, so those changes will take effect on the date specified in the notice. Your continued use or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to ferraljl@ferraljl.com.
Our contact information is published below:
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ferraljl@ferraljl.com
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