Conditions d’utilisation
OVERVIEW
Welcome to Banagoya. The terms “we”, “us” and “our” refer to Banagoya. Banagoya operates this store and website, including all related information, content, features, tools, products and services (the “Services”).
Banagoya is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”) describe your rights and responsibilities when you use the Services. By visiting, accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms or our Privacy Policy, you must not use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your country of residence.
To use the Services, you may be required to provide personal information, including billing and shipping details. You agree that all information provided is accurate, current and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
SECTION 2 – OUR PRODUCTS
All products sold on Banagoya.com are made to order and customized with machine embroidery according to the specifications selected by the customer after payment is confirmed.
We strive to display product colors and embroidery details as accurately as possible. However, actual colors may vary slightly due to differences in screen settings, device displays, lighting conditions, and material texture.
Minor variations in color, embroidery placement, or stitching scale may occur as part of the custom production process and do not constitute a defect.
All products are produced based on the size, color, text, and other options selected by the customer at checkout.
The customer is solely responsible for reviewing all order details before submitting the order, including spelling, personalization, size, and color selection.
Incorrectly selected sizes, colors, spelling errors, or changes of mind do not constitute a defect and are not grounds for return, exchange, or refund.
All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order at our discretion.
An order is not accepted until payment has been received and processed.
Please review your order carefully before submitting. Cancellation requests are only accepted within 24 hours of payment. After this period, cancellation may not be possible if production or procurement has already begun.
Purchases are subject solely to our Refund Policy.
You represent that your purchases are for personal use and not for resale.
SECTION 4 – PRICES AND BILLING
Prices are subject to change without notice. The price charged will be the price displayed at the time the order is placed.
Unless otherwise stated, prices do not include shipping fees, customs duties, or import taxes that may apply outside the European Union or the United States.
You agree to provide accurate and complete payment information. You represent that you are authorized to use the payment method provided.
SECTION 5 – SHIPPING AND DELIVERY
All delivery times are estimates and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
Risk of loss passes to the customer upon physical delivery of the goods.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services, including text, images, graphics, logos, designs, and product materials, is the property of Banagoya or its licensors and is protected by intellectual property laws.
You may use the Services for personal, non-commercial purposes only. Unauthorized use of any content is prohibited.
Banagoya’s names, logos, designs and related marks are our intellectual property and may not be used without prior written consent.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools which we do not monitor or control.
Such tools are provided “as is” and “as available” without warranties of any kind. Your use of third-party tools is at your own risk.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party websites.
Accessing third-party websites is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Banagoya is powered by Shopify. All purchases are made directly with Banagoya.
Shopify is not responsible for any aspect of transactions between you and Banagoya, including any injury, damage, or loss arising from purchased products.
You release Shopify and its affiliates from claims arising from your transactions with Banagoya.
SECTION 10 – PRIVACY
All personal information collected through the Services is subject to our Privacy Policy.
Because the Services are hosted by Shopify, certain information may also be processed by Shopify in accordance with its Privacy Policy.
SECTION 11 – FEEDBACK
If you submit feedback, reviews, suggestions, or other content, you grant us a worldwide, royalty-free license to use, reproduce, publish, and distribute such content.
You represent that you have the necessary rights to provide such content.
We may remove content that violates these Terms.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions at any time, including after an order has been submitted.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful purposes, to violate intellectual property rights, to transmit harmful code, or to engage in abusive or fraudulent behavior.
We reserve the right to terminate access if these Terms are violated.
SECTION 14 – TERMINATION
We may terminate or suspend access to the Services at our discretion.
Provisions relating to intellectual property, limitation of liability, indemnification, and governing law survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and products are provided on an “as is” and “as available” basis.
To the extent permitted by law, we disclaim all implied warranties, including merchantability and fitness for a particular purpose.
Nothing in these Terms excludes or limits any mandatory consumer rights under applicable law.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Banagoya shall not be liable for indirect, incidental, or consequential damages arising from the use of the Services or products.
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under applicable law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Banagoya and its service providers from claims arising from your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions remain valid.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Banagoya regarding the Services.
Failure to enforce any provision does not constitute a waiver.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our written consent.
We may assign these Terms without notice.
SECTION 21 – GOVERNING LAW
These Terms shall be governed by the laws of Portugal.
If you are a consumer residing in the European Union, you may also bring proceedings in your country of residence in accordance with applicable consumer protection laws.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We may update these Terms at any time by posting a revised version on the website.
Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at: banagoya.clothes@gmail.com
Our contact details are as follows:
Alena Maliugina
Rua Portugal Durao 50A, 1600-187 Lisbon, Portugal
+351 910 505 722
PT296359017