Terms of service
OVERVIEW
Welcome to Pitaja. The terms “we”, “us” and “our” refer to Pitaja.
Pitaja 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”). Pitaja is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use 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, 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 your country, state, or province of residence, or that you have given us your consent to allow any of your minor dependents to use the Services on devices you own or manage.
To use the Services, including browsing our store or making a purchase, you may be required to provide certain information, including your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer, sell, or assign your account to another person.
SECTION 2 – OUR PRODUCTS
We make every effort to display our products accurately. However, colors and product appearance may vary depending on your device, screen, and settings.
We do not warrant that the appearance or quality of products will meet your expectations or exactly match images shown on the site.
All product descriptions, availability, and pricing are subject to change at any time without notice. We reserve the right to discontinue any product or limit quantities offered.
SECTION 3 – ORDERS
Placing an order constitutes an offer to purchase. Pitaja reserves the right to accept or decline any order at our discretion.
Your order is not confirmed until payment is received and the order is accepted. Once an order has entered production or fulfillment, we may be unable to cancel or modify it.
In the event of an order issue, we will attempt to contact you using the information provided at checkout.
Returns and exchanges are governed solely by our Refund Policy.
Orders are intended for personal use only and not for resale or commercial distribution.
SECTION 4 – PRICES AND BILLING
All prices are subject to change without notice. Prices shown at checkout are final at the time of purchase.
Prices do not include shipping fees, customs duties, import taxes, or local charges unless explicitly stated. International customers are responsible for any applicable customs or import fees imposed by their country.
You agree to provide accurate and up-to-date billing and payment information and authorize us to charge your selected payment method for your order.
SECTION 5 – SHIPPING AND DELIVERY
We ship internationally using third-party fulfillment and shipping partners.
Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control.
Once an order has been handed over to the carrier, title and risk of loss transfer to the customer, to the extent permitted by applicable law.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services, including trademarks, logos, text, images, graphics, video, and audio, is owned by or licensed to Pitaja and is protected by applicable intellectual property laws.
You may use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, or exploit any content without our prior written consent.
Pitaja’s name, logos, product names, designs, and slogans are trademarks of Pitaja. Shopify’s name and branding are trademarks of Shopify. All other trademarks belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools or services that we do not control. These tools are provided “as is” and “as available” without warranties or guarantees.
Your use of any optional third-party tools is at your own risk and subject to the provider’s terms.
SECTION 8 – THIRD-PARTY LINKS
Our Services may include links to third-party websites or platforms. We are not responsible for the content, accuracy, or practices of third-party sites.
Accessing third-party websites is at your own risk, and you should review their policies before engaging in any transactions.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Pitaja is powered by Shopify. However, all sales are made directly between you and Pitaja.
Shopify is not responsible for any aspect of your transactions with Pitaja. You expressly release Shopify and its affiliates from any claims related to purchases made through our store.
SECTION 10 – PRIVACY POLICY
Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and share your personal information.
Because the Services are hosted by Shopify, your data may also be processed by Shopify in accordance with their privacy practices.
SECTION 11 – FEEDBACK
If you submit ideas, suggestions, reviews, or other content (“Feedback”), you grant Pitaja a perpetual, worldwide, royalty-free license to use, reproduce, and distribute such Feedback for any purpose.
You represent that your Feedback does not violate the rights of any third party or applicable law.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct any errors, inaccuracies, or omissions and to update or cancel orders if information is inaccurate, at any time and without prior notice.
SECTION 13 – PROHIBITED USES
You agree not to use the Services for unlawful purposes, to violate intellectual property rights, transmit harmful code, engage in harassment, or interfere with the security or functionality of the Services.
Violation of these Terms may result in termination of your access.
SECTION 14 – TERMINATION
We may terminate or suspend access to the Services at our discretion without notice. Obligations incurred prior to termination will survive.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available,” without warranties of any kind, express or implied, except where prohibited by law.
We do not guarantee uninterrupted, secure, or error-free use of the Services.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Pitaja and its partners shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Services or products.
Some jurisdictions do not allow limitations of liability, so these limitations may not apply to you.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Pitaja, Shopify, and their affiliates from any claims arising from your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
SECTION 19 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Pitaja and supersede any prior agreements or communications.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our consent. We may assign these Terms without restriction.
SECTION 21 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.
Nothing in this section limits your rights under mandatory consumer protection laws in your country of residence.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We reserve the right to update these Terms at any time. Continued use of the Services constitutes acceptance of any changes.
SECTION 24 – CONTACT INFORMATION
Pitaja
Email: hallo@pitaja.club
Cape Town, South Africa