Terms of service

OVERVIEW
Welcome to Zelthy Nutrition! The terms “we” and “our” refer to Zelthy Nutrition. Zelthy Nutrition operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Zelthy Nutrition 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 contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

When you visit, interact with, or use 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 should 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 the state or province where you reside, 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 stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide on our stores is correct, 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 provide an accurate representation of our products and services on our online stores. However, please note that product colors or appearance may differ from how they appear on your screen due to the type of device used to access the store and your device's settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will match your expectations or be the same as shown or illustrated on our online stores.
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, on a case-by-case basis.

SECTION 3 — ORDERS
When you place an order, you are making an offer to buy. Zelthy Nutrition reserves the right to accept or refuse your order for any reason, at its sole discretion. Your order will not be considered accepted until Zelthy Nutrition confirms acceptance. We must receive and process payment before your order is accepted. Please review your order carefully before submitting it, as Zelthy Nutrition may not be able to accommodate cancellation requests after the order has been accepted. If we do not accept, make changes to, or cancel an order, we will attempt to notify you by the email, billing address, and/or phone 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 any purchases you make are intended for 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 stated in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, or customs or import duties.
Prices posted on our online stores may differ from prices offered in physical stores or in other online or offline stores operated by third parties. From time to time, we may offer promotions on the Services, which may affect pricing and 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 on our stores. 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 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 you incur will be honored by your credit card company, and (iv) you will pay the charges you incur at the posted prices, including shipping and handling charges 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 guarantees. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we hand products over to the carrier, title and risk of loss transfer to you.

SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, marks, text, displays, images, graphics, product reviews, video, and audio, as well as their design, selection, and arrangement, are owned by Zelthy Nutrition, 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 personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, transfer, 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 a license or other rights under any patent, trademark, copyright, or other intellectual property of Zelthy Nutrition, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. Zelthy Nutrition reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of Zelthy Nutrition are trademarks of Zelthy Nutrition or its affiliates or licensors. You may not use these trademarks without the prior written permission of Zelthy Nutrition. The Shopify name, logo, product and service names, designs, and slogans 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 be given access to third-party customer tools as part of the Services, over which we exercise 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 any endorsement. We have no liability arising from or related to your use of optional third-party tools.
Any use by you of the optional tools offered through the website is entirely at your own risk, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).
In the future, we may also offer new features through the Services (including the release of new tools and resources). These new features 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 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 third-party materials or websites, you do so entirely at your own risk.
We are not responsible for any damages or losses related to your access to any third-party websites, or to your purchase or use of any products, services, resources, or content on any third-party websites. You should carefully review third parties' policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY
Zelthy Nutrition is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our Store are made directly with Zelthy Nutrition. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Zelthy Nutrition, including any injury, damage, or loss resulting 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 your purchases and transactions with Zelthy Nutrition.

SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can review here, and certain personal information may be subject to the Shopify Privacy Policy, which you can review here. By using the Services, you confirm that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and optimize the Services. 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 countries other than your country of residence, in order to provide services to you. Review our privacy policy 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 use our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or otherwise have all rights necessary in any Feedback; (ii) you have disclosed any compensation or incentives received for submitting the Feedback; and (iii) your Feedback will comply with these Terms. We do not and will not have any obligation to (1) keep your Feedback confidential; (2) pay you compensation for any Feedback; or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that otherwise violates any third party's intellectual property 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 unlawful, abusive, or obscene material, nor will it 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 its accuracy. We are not responsible, nor do we assume any liability, for any Feedback posted by you or any third party.

SECTION 12 — ERRORS, INACCURACIES, AND 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, shipping times, and 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 and 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: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, or local regulations, rules, laws, or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, mistreat, insult, harm, slander, defame, disparage, intimidate, or cause harm to any of our employees or any other person; (e) to submit false or misleading information; (f) to upload, knowingly receive, transfer, use, or reuse any material that does not comply with these Terms; (g) to transmit or facilitate the sending of any advertising or promotional material, including any “unsolicited 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 cause harm to Zelthy Nutrition, 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 will or may be used in any way that could 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) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; 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 that, by their nature, should survive termination.

SECTION 15 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes only. We do not guarantee 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 by any other visitor to the Services, or by anyone who may be informed of any of its content.
EXCEPT AS EXPRESSLY STATED BY Zelthy Nutrition, 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 GUARANTEE, REPRESENT, OR WARRANT 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 16 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL ZELTHY NUTRITION, 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 OBTAINED THROUGH THE USE OF 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 SUCH POSSIBILITY HAS BEEN DISCLOSED. 

SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Zelthy Nutrition, 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 any third party arising out of or related to (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 send you a notice of any claim subject to indemnification, provided that failure to provide prompt notice will not relieve you of your obligations, except to the extent you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choosing counsel, but we will not settle any claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by making relevant documentation available.

SECTION 18 — SEVERABILITY
If any provision of these Terms of Service is found 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 a 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 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 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 such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 — GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you the Services will be governed by and construed in accordance with the federal, state, or territorial courts in the jurisdiction where Zelthy Nutrition is established. You and Zelthy Nutrition consent to the venue and personal jurisdiction of those courts.

SECTION 22 — HEADINGS
The 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 to our website. It is your responsibility to check our website periodically for changes. We will send you a notice 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 24 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to wecare@zelthynutrition.com.
Our contact information is posted below:
Zelthy Nutrition & Wellness
wecare@zelthynutrition.com

Vilamoura Industrial Zone - Rua dos Ferradores 39 B e C

8125-498 Quarteira,

Portugal;

Phone: +351-289380558 (national landline call rate applies); Huxia, Lda; PT516021818