Terms of service
OVERVIEW
Welcome to Helliza! The terms “we”, “us” and “our” refer to Helliza. Helliza operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). Helliza is powered by Shopify, which enables us to provide you with the Services.
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 contain important information regarding 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, province, or country of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing information, payment details, and shipping information. You represent and warrant that all information you provide through our stores 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 activities that occur under 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 display as accurately as possible the products and services available in our online stores. However, product colours and appearance may differ from those displayed on your screen due to the type of device you use and its settings and configuration.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or exactly match those 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 may limit quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Helliza reserves the right to accept or reject any order for any reason at its sole discretion. Orders will not be accepted until Helliza confirms acceptance.
We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as Helliza may not be able to accommodate cancellation requests once an order has been accepted.
If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided at the time the order was placed.
Your purchases are subject to return or exchange only 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 or export.
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 specified in your order confirmation email.
Unless expressly stated otherwise, displayed prices do not include taxes, shipping charges, handling fees, customs duties, or import charges.
Prices displayed in our online stores may differ from those offered in physical stores or in online stores operated by third parties. We may occasionally offer promotions through the Services that affect pricing and are governed by separate terms and conditions. In the event of any conflict between promotional terms and these Terms, the promotional terms shall 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 expiration dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that:
(i) the credit card information supplied is true, accurate, and complete;
(ii) you are duly authorised to use such credit card for the purchase;
(iii) charges incurred by you will be honoured by your credit card company; and
(iv) you will pay all charges incurred at the published prices, including shipping and handling charges and any applicable taxes.
SECTION 5 – SHIPPING AND 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.
Once products are transferred to the carrier, ownership 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, videos, audio content, and the design, selection, and arrangement thereof, are owned by Helliza, its affiliates, or licensors and are protected by United States and international patents, copyrights, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use.
You may not reproduce, distribute, modify, create derivative works from, 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 licence or other rights under any patent, trademark, copyright, or other intellectual property rights of Helliza, Shopify, or any third party.
All rights not expressly granted herein are reserved by Helliza.
The Helliza name, logo, product names, service names, designs, and slogans are trademarks of Helliza or its affiliates or licensors. You may not use such trademarks without prior written permission from Helliza.
The Shopify name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans appearing in 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 over which we neither monitor nor have any control or input.
You acknowledge and agree that such tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement.
We shall have no liability whatsoever 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 discretion, and you should ensure that you understand and approve the terms on which such tools are provided by the relevant third-party providers.
We may also, in the future, offer new features and functionalities through the Services (including the release of new tools and resources). Such new features and functionalities shall also be considered part of the Services and 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 third-party embedded functionality).
We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such materials or websites, you do so entirely at your own risk.
We are not liable for any harm or damages related to your access to any third-party website, or to your purchase or use of any products, services, resources, or content available through any third-party website.
Please review carefully the third party’s policies and practices and make sure 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
Helliza is powered by Shopify, which enables us to provide the Services. However, any sale or purchase made through our Store is conducted directly between you and Helliza.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any transaction between you and Helliza, including any injury, damage, or loss arising from the purchase of products or services.
You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Helliza.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is governed by our Privacy Policy, which may be accessed here, and certain personal information may also be subject to Shopify’s Privacy Policy, which may be accessed here. By using the Services, you acknowledge that you have read our Privacy Policy.
As the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services. Information you provide through the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than the one in which you reside, for the purpose of providing services to you.
Please refer to our Privacy Policy for further details on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, transmit, or otherwise share 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 and for any purpose, including commercial purposes.
For example, we may use our rights under this licence to operate, provide, evaluate, improve, enhance, and promote the Services, as well as to fulfil our obligations and exercise our rights under these Terms of Service.
You further 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 your submission of Feedback; and
(iii) your Feedback complies with these Terms.
We have no obligation to:
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maintain any Feedback in confidence;
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pay compensation for any Feedback; or
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respond to any Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, objectionable, or in violation of any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain unlawful, abusive, defamatory, or obscene material, nor contain any computer virus or other malware that could 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 regarding the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or 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 your 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 applicable local, state, provincial, national, or international laws or regulations;
(c) to infringe upon our intellectual property rights or those of any third party;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person;
(e) to submit false or misleading information;
(f) to upload, download, 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 spam, chain letters, or unsolicited communications;
(h) to impersonate or attempt to impersonate any person or entity; or
(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm Helliza, Shopify, or users of the Services.
You also agree not to:
(a) upload or transmit viruses or malicious code;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track personal information of others;
(d) engage in phishing, pharming, pretexting, spamming, or similar practices;
(e) use robots, spiders, scraping tools, data extraction tools, automated systems, artificial intelligence agents, or other automated means to access the Services; or
(f) interfere with or circumvent security features, access controls, robot exclusion mechanisms, or any measures used 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 violated these Terms.
SECTION 14 – AGENTS
14.1
This section (“Agent Terms”) applies if you use, enable, permit, or cause 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, a person or entity and may operate using a person's device without direct supervision.
14.2
No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict compliance with Section 14.4 below.
No Agent may access, use, or interact with the Services if we have requested that such Agent cease doing so.
14.3
We may limit, including through technical measures, whether and how any Agent accesses, uses, or interacts with the Services.
14.4
Agents must:
(i) identify themselves in all HTTP/HTTPS requests by including “Agent/[agent name]” within the user-agent string;
(ii) not conceal or disguise that access, use, or interaction is being carried out by an Agent;
(iii) respond truthfully to any question or prompt designed to determine whether interactions originate from a human or a machine; and
(iv) not circumvent any measures intended to block, limit, modify, or control Agent access to the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion and without notice at any time.
You will remain liable for all amounts due up to and including the date of termination.
The following provisions shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions which by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented through the Services is provided for general informational purposes only.
We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance placed on such information is strictly at your own risk.
Except as expressly stated by Helliza, the Services and all products offered through them are provided on an “AS IS” and “AS AVAILABLE” basis without warranties, representations, or conditions of any kind, whether express or implied.
This includes implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.
Certain jurisdictions do not permit the exclusion of certain warranties, so some of the above exclusions may not apply to you.
SECTION 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Helliza, its affiliates, directors, officers, employees, agents, contractors, licensors, service providers, partners, Shopify, and Shopify affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
This includes, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or similar damages arising from:
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your use of the Services;
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your purchase of products through the Services;
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any errors or omissions in content; or
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any loss or damage resulting from content or products made available through the Services,
whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Helliza, Shopify, and their affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers from any claim, liability, damage, loss, or expense, including reasonable legal fees, arising from:
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your breach of these Terms;
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your violation of any law or third-party rights; or
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your access to or use of the Services.
We will provide notice of any indemnifiable claim. Failure to provide prompt notice shall not relieve you of your obligations unless you are materially prejudiced.
We may control the defence and settlement of any claim at your expense, provided that we will not settle any claim imposing non-monetary obligations upon you without your consent, which shall not be unreasonably withheld.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
No failure by us to exercise or enforce any right or provision of these Terms shall constitute a waiver of such right or provision.
These Terms, together with any policies or operating rules posted on the website, constitute the entire agreement between you and us and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not assign, transfer, delegate, or otherwise dispose of your rights or obligations under these Terms without our prior written consent.
We may assign, transfer, or delegate our rights and obligations under these Terms without notice or consent.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws and courts having jurisdiction where Helliza maintains its principal place of business.
You and Helliza consent to the exclusive jurisdiction of such courts.
SECTION 23 – HEADINGS
The headings used in these Terms are included for convenience only and shall not affect the interpretation of these Terms.
SECTION 24 – CHANGES TO THE 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 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 as required by applicable law. Such changes shall take effect on the date specified in the notice.
Continued use of the Services following any such changes constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions regarding these Terms of Service should be sent to:
Company Information
Blooming Progress Unipessoal, Lda
Rua de Brancanes nº 19, 2º Direito
2900-284 Setúbal
Portugal
VAT Number: 519 184 033