Termos de serviço

TERMS OF SERVICE

OVERVIEW
Welcome to Vivara Lux! The terms "we", "us", and "our" refer to Vivara Lux. Vivara Lux operates this store and website, including all information, content, features, tools, products, and services made available to you, the customer, to provide a personalized shopping experience (the "Services"). Vivara Lux 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 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 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 a device you own, purchase, or manage.

To purchase the 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 in our store is accurate, current, and complete, and that you have all rights necessary to provide this 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 license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to present an accurate representation of our products and services in our online store. However, please note that product colors or appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to those presented or displayed in 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 we may limit the quantities of any products we offer to any person, geographic region, or jurisdiction.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Vivara Lux reserves the right to accept or decline your orders for any reason, at our sole discretion. Your order is not accepted until Vivara Lux confirms acceptance. We must receive and process your payment before your order is accepted. Please review your orders carefully before submitting them, as Vivara Lux may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, or if we change or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases may be returned or exchanged solely in accordance with our Refund Policy.

You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale.

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 indicated in your order confirmation email. Unless expressly stated otherwise, the prices shown do not include taxes, shipping, handling, or any customs or import charges.

The prices displayed in our online store may differ from prices offered in physical stores or in online stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing 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 will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, payment card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the payment card information you provide is true, correct, and complete; (ii) you are duly authorized to use such payment card for the purchase; (iii) the charges you incur will be honored by your card issuer; and (iv) you will pay the charges incurred at the posted prices, including all applicable shipping and handling fees and taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We currently offer free shipping on all products available in our store. All delivery time frames are estimates only and are not guaranteed. Our products are typically processed within 2 to 5 business days before being shipped; delivery times thereafter depend on the carrier and destination. 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 - RETURNS AND REFUNDS
We accept returns within 30 days of delivery. To be eligible, items must be returned in accordance with our Refund Policy. The customer is responsible for return shipping costs, except where the product is defective, damaged, or was shipped incorrectly, in which case we will cover the cost of the return. Refunds are issued to the original payment method after the returned item has been received and inspected. For full details and instructions, please see our Refund Policy: [Refund policy – Vivara Lux].

SECTION 7 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand elements, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Vivara Lux, 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 for your 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 from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of Vivara Lux, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Vivara Lux.

The names, logos, product and service names, designs, and slogans of Vivara Lux are trademarks of Vivara Lux or its affiliates or licensors. You may not use such trademarks without the prior written authorization of Vivara Lux. 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 appearing in the Services are the trademarks of their respective owners.

SECTION 8 - OPTIONAL TOOLS
You may have access to third-party tools offered as part of the Services, which we do not monitor, control, or influence.

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 will have no liability arising from or relating to your use of optional third-party tools.

Any use of the optional tools offered through the site is entirely at your own risk, and you should ensure that you are familiar with and agree to the terms under which such tools are provided by the relevant third-party providers.

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 subject to these Terms of Service.

SECTION 9 - 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. If you choose to leave the Services to access these 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 website, or your purchase or use of any products, services, resources, or content on any third-party website. Please review third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY
[NOTE: This section accurately describes Shopify's relationship with your store and should not be removed or modified.]
Vivara Lux is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are made directly with Vivara Lux. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Vivara Lux, 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 relating to your purchase and transaction with Vivara Lux.

SECTION 11 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: [Privacy policy – Vivara Lux], and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read this Privacy Policy.

Because 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 for you. The information you submit to the Services will be transmitted to and shared with Shopify as well as third parties who may be located in a country different from the one in which you reside, so that we can provide the Services to you. Please review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 12 - 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 such Feedback in any medium for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to comply with our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with 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 we, in our sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of any third party 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 other personal or proprietary right. You further agree that your Feedback will not contain libelous, unlawful, abusive, or obscene content, 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 make and for its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.

SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, 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 inaccurate, at any time and without prior notice, including after an order has been submitted.

SECTION 14 - 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 ordinances; (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 submit false or misleading information; (f) to send, knowingly receive, upload, download, 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 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 which, as determined by us, may harm Vivara Lux, Shopify, or users of the Services, or expose them to liability.

You additionally 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 the personal information of others; (d) spam, phish, pharm, or engage in pretexting to access the Services; (e) use any robot, spider, scraping tool, data harvesting or extraction tool, automated device or process, artificial intelligence tool, or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion measures, 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 prior notice, if we determine that you have violated any part of these Terms.

SECTION 15 - AGENTS
15.1 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 run on behalf of, or using the device of, a person, without direct supervision.
15.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of Section 15.4 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.
15.3 We may limit, including through technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
15.4 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 from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or bypassing CAPTCHA or measures intended to distinguish computer use from human use; (iii) truthfully respond to any question or prompt seeking to determine whether interactions originate from a human or a computer; and (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 16 - 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 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 17 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general informational 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 such 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 VIVARA LUX, 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, WHETHER 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, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 18 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VIVARA LUX, 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 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. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Vivara Lux, Shopify, and our affiliates, partners, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to third parties due to or arising out of (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, and your failure to be notified promptly will not relieve you of your obligations unless you suffer material prejudice. We may control the defense and resolution of any such claim at our discretion, including the choice of counsel, but we will not resolve any claim requiring non-monetary obligations on your part without your consent (which will not be unreasonably withheld). You shall cooperate in the defense of indemnifiable claims, including by providing relevant documents.

SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service; such determination will not affect the validity and enforceability of any other remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT
The failure or delay by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or with respect to 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, but not limited to, any prior versions of these Terms of Service).

Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

SECTION 22 - 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 23 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services will be governed by and construed in accordance with the laws applicable in the jurisdiction where Vivara Lux has its principal place of business. You and Vivara Lux agree to the venue and personal jurisdiction of the courts located in that jurisdiction.

SECTION 24 - HEADINGS
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 25 - 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 to 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 after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to contatovivaralux@gmail.com.

Our contact information is below:

Vivara Lux
[support@sthemharu.com]
+55 92 99414-3981
Av. Pirarucu 63, Jorge Teixeira, Manaus, Amazonas, 69088-765, Brazil