Terms of service
OVERVIEW
Welcome to Zé Latas! The terms “we,” “us,” and “our” refer to Zé Latas. Zé Latas operates this store and website—including all information, content, features, tools, products, and services associated with them—to provide you, the customer, with a personalized shopping experience (the “Services”). Zé Latas is powered by Shopify technology, which enables us to deliver the Services.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and include sections on 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 by our Privacy Policy. If you do not agree to these Terms of Service or to the Privacy Policy, you must not use or access our Services.
SECTION 1 — ACCESS & 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 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 products or services—we may ask you to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide on our store is accurate, current, and complete and that you have all necessary rights to provide it.
You are solely responsible for keeping your account credentials secure and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to anyone else.
SECTION 2 — OUR PRODUCTS
We make every effort to display our products and services accurately in our online store. However, the colors or appearance of a product may differ from what you see on your screen due to your device type and its settings.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match their presentation on our online store.
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 purchase. Zé Latas reserves the right to accept or reject your order for any reason, at its sole discretion. Your order is not considered accepted until Zé Latas confirms acceptance. We must receive and process payment before your order is accepted. Please review your order carefully before submitting it, as Zé Latas may be unable to accommodate cancellation requests once the order has been accepted. If we do not accept, modify, or cancel an order, we will try to notify you via the email, billing address, and/or phone number provided when the order was placed.
Your purchases are subject to return or exchange only in accordance with our Refund Policy.
You represent and warrant that purchases you make are for personal or household use and not for commercial resale or export.
SECTION 4 — PRICING & 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. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs, or import duties.
Prices shown 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 that may affect pricing and are governed by terms separate from these Terms. In the event of a conflict between a promotion’s terms 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 in our store and to promptly update your account and other information (including 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 (i) the credit-card information you supply is true, correct, and complete; (ii) you are duly authorized to use that credit card for the purchase; (iii) charges incurred by you will be honored by your credit-card company; and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 — SHIPPING & DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Title and risk of loss pass to you when we hand the products over to the carrier.
SECTION 6 — INTELLECTUAL PROPERTY
The Services—including, without limitation, all trademarks, trade names, text, displays, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof—are owned by Zé Latas, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual-property laws.
These Terms permit you to use the Services only for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, transmit, store, or transmit any material on or through the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants—or should be construed as granting—any license or other rights to you under any patent, trademark, copyright, or other intellectual property of Zé Latas, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual-property laws. Zé Latas reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of Zé Latas are trademarks of Zé Latas or its affiliates or licensors. You may not use these trademarks without the prior written permission of Zé Latas. 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 the trademarks of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be given access to client tools provided by third parties as part of the Services, over which we have no monitoring, control, or input.
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 endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use 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 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 shall also be subject to these Terms of Service.
SECTION 8 — THIRD-PARTY LINKS
The Services may include 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 such materials or websites, you do so at your own risk.
We are not liable for any damages or losses related to your access to any third-party websites or for your purchase or use of products, services, resources, or content on those websites. You should carefully review the third party’s policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Zé Latas is powered by Shopify technology, which enables us to deliver the Services. However, any sales and purchases you make in our store are made directly with Zé Latas. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Zé Latas, including any injuries, damages, or losses arising 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 purchases and transactions you make with Zé Latas.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information is subject to Shopify’s Privacy Policy, which you can review here. 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 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 to and shared with Shopify, as well as with third parties that may be located in countries other than your country of residence, to provide services to you. See our Privacy Policy [LINK] 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, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.
You also represent and warrant that: (i) you own or otherwise control all rights in and to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms. We have no obligation to (1) keep your Feedback confidential; (2) pay you for the Feedback; or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any third-party intellectual-property rights 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 further agree that your Feedback will not contain defamatory or otherwise illegal, abusive, or obscene material, nor 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 other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you share and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 — ERRORS, INACCURACIES & OMISSIONS
Occasionally there may be information on or about the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or 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 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, to: (a) engage in any unlawful or malicious purpose; (b) violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) infringe upon or violate our intellectual-property rights or the intellectual-property rights of others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (e) submit false or misleading information; (f) upload or transmit any material that does not comply with these Terms; (g) transmit or facilitate the sending of any advertising or promotional material, including “junk mail,” “chain letters,” or “spam”; (h) impersonate or attempt to impersonate any person or entity; or (i) 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 Zé Latas, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other malicious code that will or may be used in any way that will 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 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 which, by their nature, should survive termination.
SECTION 15 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on these materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Zé Latas, 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, MERCHANTABLE 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 DISCLAIMER OF IMPLIED OR OTHER WARRANTIES; THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Zé Latas, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Zé Latas, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims (including reasonable attorneys’ fees) payable to third parties arising out of or resulting from (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 indemnifiable claim, provided that failure to give prompt notice will not relieve you of your obligations except to the extent of material prejudice. We may control the defense and settlement of that claim at your expense, including selection of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in defense of indemnified claims, including by providing relevant documentation.
SECTION 18 — SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest 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 other 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 or in respect to the Service constitute the entire agreement and understanding between you and us and govern 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 prior 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 delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and 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.
SECTION 21 — GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with the Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Zé Latas is established. You and Zé Latas consent to venue and personal jurisdiction in these courts.
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 in accordance with 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 to these Terms of Service constitutes acceptance of those changes.
SECTION 24 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to mail@ze-latas.com.