Terms of service

OVERVIEW

Welcome to Companhia Náutica! The terms “we”, “us” and “our” refer to CNEC – Companhia Náutica de Eventos e Comércio, Lda. CNEC – Companhia Náutica de Eventos e Comércio, Lda operates this store and website, including all related information, content, features, tools, products and services, with the aim of providing you, the customer, with a personalised shopping experience (the “Services”). Companhia Náutica 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 matters 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 by our Privacy Policy [LINK]. If you do not agree with 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 declare that you are at least 18 years old or have the legal capacity to enter into contracts under applicable law, and that you have given us your consent to allow any of your minor dependants 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 of the products or services we offer, you may be required to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information provided in our stores is accurate, up to date 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 carried out through 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 in our online stores. However, the colours or appearance of products may differ from those shown on your screen due to the type of device used to access the store and the settings and configuration of your device.

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 displayed or presented in our online store.

All product descriptions are subject to change at any time, without prior notice, 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, geographical region or jurisdiction, on a case-by-case basis.

SECTION 3 — ORDERS

By placing an order, you are making an offer to purchase. CNEC – Companhia Náutica de Eventos e Comércio, Lda reserves the right to accept or reject your orders for any reason, at its sole discretion. Your orders will not be accepted until CNEC – Companhia Náutica de Eventos e Comércio, Lda confirms acceptance. We must receive and process your payment before accepting your order. Please check your order carefully before submitting it, as CNEC – Companhia Náutica de Eventos e Comércio, Lda may not be able to fulfil cancellation requests after 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 when the order was placed.

Your purchases are subject to return or exchange exclusively in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases 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 prior 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 the order confirmation sent to you by email. Unless expressly stated otherwise, the prices shown do not include taxes, shipping or handling charges, customs duties or import fees.

The prices displayed in our online stores may differ from prices offered in physical stores, 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 separate terms and conditions 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 through our store. You agree to promptly update your account and other information, including your sender email address, credit card numbers and expiry dates, so that we can complete your transaction and contact you where 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 company; and (iv) you will pay all charges incurred by you at the published prices, including shipping and handling costs and all applicable taxes, if any.

SECTION 5 — SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. The risk of loss of or damage to the products is transferred to the customer only when the customer, or a third party designated by the customer, takes physical possession of the products.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, brands, text, displays, images, graphics, product reviews, videos and audio, as well as their design, selection and arrangement, are the property of CNEC – Companhia Náutica de Eventos e Comércio, Lda, its affiliates or licensors and are protected by applicable Portuguese, European and international intellectual property laws.

These Terms permit you to use the Services only for your personal and non-commercial use. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, transfer, store or transmit any material from the Services without our prior written consent. Except as expressly provided in this document, 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 right belonging to CNEC – Companhia Náutica de Eventos e Comércio, Lda, Shopify or any third party. Unauthorised use of the Services may constitute a breach of applicable intellectual property laws. All rights not expressly granted herein are reserved by CNEC – Companhia Náutica de Eventos e Comércio, Lda.

The names, logo, product and service names, designs and slogans of Companhia Náutica are trademarks of CNEC – Companhia Náutica de Eventos e Comércio, Lda or its affiliates or licensors. You must not use such trademarks without the prior written permission of CNEC – Companhia Náutica de Eventos e Comércio, Lda. 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 appearing in the Services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may have access to customer tools offered by third parties as part of the Services, over which we have no monitoring, supervision 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 endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use you make of optional tools offered through the website is entirely at your own risk and discretion, 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 provider(s).

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 deemed part of the Services and shall form an integral part of 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 functionality embedded by third parties. 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 third-party materials or websites, you do so at your own risk.

We are not responsible for any damage or loss related to your access to any third-party website, or to your purchase or use of any products, services, resources or content on any third-party website. Please review the third party’s policies and practices carefully and ensure that you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Companhia Náutica is powered by Shopify, which enables us to provide the Services to you. However, any sale and purchase made through our Store is made directly with CNEC – Companhia Náutica de Eventos e Comércio, Lda. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and CNEC – Companhia Náutica de Eventos e Comércio, Lda, including any injury, damage or loss resulting from the purchase of products or 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 CNEC – Companhia Náutica de Eventos e Comércio, Lda.

SECTION 10 — PRIVACY POLICY

All personal information that we collect through the Services is governed by our Privacy Policy, which can be viewed here [LINK], and certain personal information may also be governed by Shopify’s Privacy Policy, which can be viewed here. 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 regarding your access to and use of the Services in order to provide and improve the Services. Information that you provide to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in a country other than the country in which you reside, so that we can provide services to you. Please refer to our Privacy Policy [LINK] for further details on how we, Shopify and our partners use your personal information.

SECTION 11 — FEEDBACK

By submitting, uploading, publishing, transmitting by email or otherwise sharing ideas, suggestions, feedback, reviews, proposals, plans or other content, collectively referred to as “feedback”, you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such feedback in any medium and for any purpose, including commercial use. For example, we may use our rights under this licence to operate, provide, assess, improve and promote the Services, as well as 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 your submission of feedback; and (iii) your feedback will comply with these Terms. We have and shall 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 are not obliged to, monitor, edit or remove feedback that, in our sole discretion, we consider unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that violates any third party’s intellectual property rights or these Terms of Service.

You agree that your feedback will not violate any third-party right, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your feedback will not contain defamatory, unlawful, abusive or obscene comments, or computer viruses 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 to submit feedback, pretend to be someone else or otherwise mislead us or third parties as to the origin of any feedback. You are solely responsible for any feedback you provide and for its accuracy. We accept no responsibility and assume no liability for any feedback published by you or any third party.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

From time to time, information in the Services may contain 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, and to change or update information or cancel orders if any information is inaccurate, at any time and 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 local, state, provincial, federal or international regulations, rules, laws or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, transfer, 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 any person’s use or enjoyment of the Services, or that, as determined by us, may harm CNEC – Companhia Náutica de Eventos e Comércio, Lda, 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 portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext through the Services; (e) use any robot, spider, scraping tool, data collection and extraction tool, device or automated process, artificial intelligence tool, including agentic AI, or any other automated or manual means to access the Services; or (f) interfere with, circumvent or evade any security or authorisation features, robot exclusion measures or other measures that 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 breached any part of these Terms.

SECTION 14 — AGENTS

14.1

This section, the “Agent Terms”, applies if you use, allow, 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 operate on behalf of, or using the device of, a person 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 compliance 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 through technical measures, 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 made by an Agent and disclose the Agent’s name by including the following in the user-agent string of the request: “Agent/[agent name]”; (ii) not conceal or disguise that any access, use or interaction is made by an Agent, including by: (a) imitating human behaviour and interaction patterns; or (b) completing or bypassing CAPTCHA or other measures intended to distinguish computer use from human use; (iii) answer truthfully any question or prompt intended to determine whether interactions originate from a human or a computer; and (iv) not circumvent 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 thereof, at our sole discretion, at any time and without prior notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections shall continue to apply after 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 which by their nature should survive termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

The information presented 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 in reliance on this information is entirely 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 part of their content.

EXCEPT AS EXPRESSLY STATED BY CNEC – COMPANHIA NÁUTICA DE EVENTOS E COMÉRCIO, LDA, 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 WARRANTIES OR OTHER WARRANTIES, AND THEREFORE THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Nothing in these Terms limits or excludes any statutory consumer rights provided under applicable Portuguese and European law.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CNEC – COMPANHIA NÁUTICA DE EVENTOS E COMÉRCIO, LDA, OUR PARTNERS, DIRECTORS, 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, WITHOUT LIMITATION, 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 PUBLISHED, 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 CNEC – Companhia Náutica de Eventos e Comércio, Lda, Shopify and our affiliates, partners, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party due to or arising from: (1) your breach of these Terms of Service or the documents incorporated by reference; (2) your breach 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 indemnifiable claim, provided that failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including the selection of legal counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld. You must cooperate in the defence of indemnifiable claims, including by providing relevant documents.

SECTION 19 — SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision arising from 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 website or relating 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 prior notice.

SECTION 22 — GOVERNING LAW

These Terms of Service are governed by Portuguese law. In the event of a dispute, the Portuguese courts shall have jurisdiction, without prejudice to any mandatory legal provisions applicable to consumers.

SECTION 23 — HEADINGS

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect 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, change or replace any part of these Terms of Service by publishing 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 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 any changes to these Terms of Service are published constitutes acceptance of those changes.

SECTION 25 — ALTERNATIVE CONSUMER DISPUTE RESOLUTION

In the event of a consumer dispute, the consumer may refer the matter to an Alternative Consumer Dispute Resolution Entity. Further information is available at www.consumidor.gov.pt. You may also use the European Online Dispute Resolution Platform available at https://ec.europa.eu/consumers/odr.

SECTION 26 — CONTACT INFORMATION

Questions regarding the Terms of Service should be sent to us.

Our contact information is set out below:

📧 encomendas@companhianautica.com
📞 21 801 4694

Companhia Náutica
CNEC Companhia Náutica de Eventos e Comércio Lda
508413320
Marina de Vilamoura, Av Rocha Baixinha, 8125-409 Vilamoura