Termos de serviço

TERMS OF SERVICE OVERVIEW

Welcome to Nestora! The terms “we”, “us” and “our” refer to Nestora. Nestora operates this store and website, including all information, content, features, tools, products and services related to Orders to provide you, the customer, with a personalised shopping experience (the “Services”). Nestora 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 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 limitation 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 [LINK]. 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 AND 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 dependants to use the Services on the device you own, purchase or manage.To use the Services, including accessing or browsing our online store or purchasing any of the products, you must acknowledge that the online store is your preferred location.To purchase the products or services we offer, you may be required to provide certain information, such as your email address, financial, payment and shipping details. You represent and warrant that all information provided in 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 on 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 an accurate representation of our products and services in our online store. However, please note that the colour or appearance of a product may differ from how it appears on your screen due to the type of device you use to access the store and your device settings.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 displayed in our online store.All product descriptions are subject to change at any time without notice and 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, order by order.SECTION 3 - ORDERSBy placing an order, you are making an offer to purchase. Nestora reserves the right to accept or decline your orders for any reason, at its sole discretion. Your order will not be accepted until Nestora confirms acceptance. We must receive and process your payment before your order is accepted. Please review your orders carefully before submitting them, as Nestora may not be able to honour requests to cancel after the order has been accepted. If we do not accept, amend or cancel an Order, we will attempt to notify you by contacting the email, billing address and/or telephone number provided at the time the order was placed.Your purchases are eligible for return or exchange solely in accordance with our Refund Policy [LINK].You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.

SECTION 4 - PRICING AND PAYMENT

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 stated in your order confirmation email. Unless expressly stated otherwise, prices shown do not include tax, shipping, handling, or customs or import charges.Prices displayed in our online store may differ from prices offered in physical stores or in online stores or other stores operated by third parties. From time to time, we may offer promotions through the Services that may affect prices and that 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 shall prevail.You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including email address, credit card numbers and expiry dates, so that we may complete your transactions and contact you when necessary.You represent and warrant that: (i) the credit card information you provide is true, correct and complete; (ii) you are duly authorised to use such credit card for the purchase; (iii) the charges incurred by you will be honoured by your credit card issuer; and (iv) you will pay the charges incurred at the prices published, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by the carrier, customs processing or events beyond our control. Once we transfer 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, trade names, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Nestora, its affiliate or licensor and are protected by US and foreign patents, copyrights and other intellectual property laws.These Terms permit you to use the Services only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any licence or other rights under any patent, trademark, copyright or other intellectual property of Nestora, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Nestora.The names, logo, product and service names, designs and slogans of Nestora are trademarks of Nestora or its affiliate or licensor. You must not use such trademarks without the prior written authorisation of Nestora. 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 have access to customer tools provided by third parties as part of the Services, which we do not monitor, control or have any influence over.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 shall have no liability arising from or relating to your use of third-party optional tools.Any use of optional tools offered via the site is entirely at your own risk, and you must ensure that you know and agree to the terms under which such tools are provided by the respective third-party providers.In the future, we may also offer new features through the Services (including the launch of new tools and resources). Such new features shall also be considered an integral 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 sites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or sites that you choose to access. If you choose to leave the Services to access such third-party materials or sites, you do so at your own risk.We are not responsible for any damages or losses relating to your access to any third-party site, or to your purchase or use of any products, services, features or content on any third-party site. Please carefully review third-party policies and practices and ensure you understand them before entering into any transaction. Claims, complaints, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Nestora is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store will be made directly with Nestora. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Nestora, including any injury, damage or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchase and transaction with Nestora.

SECTION 10 - PRIVACY POLICYAll

 personal information you submit through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services to you. Information you submit to the Services will be transmitted to and shared with Shopify as well as with third parties who may be located in a country different from the one in which you reside, so that we may provide the services to you. Please review our Privacy Policy [LINK] for further details about 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 medium for any purpose, including for commercial use. We may, for example, use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services, and to fulfil 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 in all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback will comply with these Terms. We have and will have no obligation (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.We may, but have no obligation to, monitor, edit or remove Feedback that, in our sole discretion, we consider unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes the intellectual property of third parties or these Terms of Service.You agree that your Feedback will not infringe any rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory, unlawful, abusive or obscene content, nor contain computer viruses or any other malware that could in any way affect the operation of the Services or any related site. You may not use a false email address, impersonate another person, or otherwise mislead Shopify or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and for its accuracy. We assume no responsibility or liability for any Feedback posted by you or by third parties.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit 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 incorrect, at any time without prior notice, including after an order has been placed.

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 local, international, federal, provincial or state regulations, rules, laws or decrees; (c) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or arrange for the transmission 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 other person or entity; or (i) to engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by any person, or that, as determined by us, may harm Nestora, 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 may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track personal information of third parties; (d) spam, phish, pharm or pretext to access the Services; (e) use any robot, spider, scraping tool, data mining tool, device or automated process, artificial intelligence tool (such as AI) or automated or manual means to access the Services; or (f) interfere with, bypass or circumvent security or authorisation features, robots exclusion or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have breached any part of these Terms.

SECTION 14 - AGENTS

14.1 This section (“Agent Terms”) applies if you use, permit, enable or cause the deployment of an Agent to access, use or interact with any Services. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity and that may be run on behalf of, or using a person’s device, without direct supervision.
14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements of section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.
14.3 We may limit, including by technical means, whether and how any Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an agent and disclose the agent’s name by including the following in the request’s user agent string: “Agent/[agent name]”; (ii) not conceal or obscure that any access, use or interaction is by an agent, such as (a) mimicking human behaviour and interaction patterns or (b) filling in or bypassing CAPTCHA or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are from a human or a computer; (iv) not otherwise bypass or avoid any measure intended to block, limit, modify or control whether and how agents access, use or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part of them) at our sole discretion, at any time, without notice, and you will remain liable for all amounts due up to the date of termination.The following sections shall continue to apply after any termination: intellectual property, feedback, termination, warranty disclaimer, 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 16 - WARRANTY DISCLAIMER

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 decision made based on such information is entirely your responsibility. We disclaim all liability arising from reliance on such materials by you or by 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 NESTORA, 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, EITHER 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 PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES; THEREFORE, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NESTORA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, LOSS OF 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 PURCHASED THROUGH 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 THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Nestora, Shopify and our affiliates, partners, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to third parties due to or arising 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 third parties, or (3) your access to and use of the Services.We will notify you of any claim subject to indemnification, and failure to provide prompt notice will not relieve you of your obligations unless you suffer material prejudice. We may control the defence and settlement of such claim at our discretion, including selection of counsel, but we will not settle any claim that requires non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You shall cooperate in the defence of indemnifiable claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be illegal, void or unenforceable, such provision shall, however, be enforceable to the maximum extent permitted by applicable Law, and the unenforceable part shall be deemed severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure or delay 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 published by us on this site or in relation 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 21 - 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 shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreement by which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Nestora has its headquarters. You and Nestora agree to the venue and personal jurisdiction of such courts.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You may 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, amend 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 any 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 after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to nestorad152@gmail.com.  
Our contact information is below:
nestorad152@gmail.com