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Terms & Conditions

TERMS AND CONDITIONS

THIS WEBSITE IS OPERATED BY PORTESO. THROUGHOUT THE SITE, THE TERMS “WE”, “US”, AND “OUR” REFER TO PORTESO.

1. INTELLECTUAL PROPERTY RIGHTS

ALL CONTENT, INCLUDING BUT NOT LIMITED TO, LOGOS, IMAGES, AUDIO AND/OR VIDEO CLIPS IS COPYRIGHT © 2022 PORTESO, ALL RIGHTS RESERVED. YOU AGREE TO NOT REPRODUCE, DUPLICATE, RESELL OR EXPLOIT ANY CONTENT OF THIS WEBSITE AND IS STRICTLY PROHIBITED WITHOUT EXPRESS WRITTEN PERMISSION FROM PORTESO AND THE HOLDERS OF THIS WEBSITE’S INTELLECTUAL PROPERTY RIGHTS.

WE HAVE THE RIGHT TO MODIFY THE CONTENT OF THIS WEBSITE AT ANY TIME WITHOUT NOTICE.

2. ONLINE USER TERMS

THE WEBSITE IS INTENDED TO BE USED ONLY BY INDIVIDUALS AND ENTITIES THAT CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. BY ACCESSING THIS WEBSITE, YOU AGREE THAT YOU MEET (OR CAN MEET WITH PARENTAL CONSENT) THESE ELIGIBILITY REQUIREMENTS.

YOU HEREBY AGREE NOT TO USE OUR WEBSITE IN AN IMPROPER MANNER, FOR ILLEGAL, FRAUDULENT OR MALICIOUS PURPOSES WHICH INCLUDES, BUT IS NOT LIMITED TO, TRANSMITTING MALICIOUS CODE, INCLUDING VIRUSES.

WE ARE FREE TO USE WITHOUT LIMITATION, ANY SUBMITTED IDEAS, COMMENTS, CRITICISMS, PHOTOS, OR OTHER FEEDBACK, WHETHER ORAL OR WRITTEN. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RECEIVE ANY COMPENSATION OR CONFIDENTIALITY OF ANY KIND. PORTESO CAN USE YOUR FEEDBACK FOR ANY PURPOSE WITHOUT NOTICE. ALL FEEDBACK IS AND WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY.

YOU HAVE THE OPTION OF CREATING AN ACCOUNT ON OUR WEBSITE. YOU AGREE TO PROVIDE CURRENT, COMPLETE, AND ACCURATE ACCOUNT INFORMATION FOR ALL PURCHASES MADE ONLINE OR AT OUR STORES. YOU AGREE TO UPDATE YOUR ACCOUNT PROMPTLY IF YOUR INFORMATION HAS CHANGED SUCH AS YOUR EMAIL ADDRESS, CREDIT CARD NUMBERS AND EXPIRATION DATES, SO THAT WE CAN COMPLETE YOUR TRANSACTIONS AND CONTACT YOU AS NEEDED.

3. LINKS

EXPRESS WRITTEN PERMISSION MUST BE OBTAINED FROM US FOR THE CREATION OF ANY LINK TO ANY ONE OF OUR PAGES OF THE WEBSITE. THIRD PARTY WEBSITES CONTAINING LINKS TO THE WEBSITE ARE NOT UNDER THE CONTROL OF PORTESO AND THEREFORE WE WILL NOT BE HELD LIABLE CONCERNING ACCESS TO, AND THE CONTENT OF, SUCH WEBSITES.

4. MAINTENANCE AND ACCURACY OF INFORMATION

WE MAKE EVERY EFFORT TO MAINTAIN A FULLY FUNCTIONAL WEBSITE. WE RESERVE THE RIGHT TO LIMIT ACCESS TO THE WEBSITE AND ITS USE BY THE USER AT ANY TIME AND WITHOUT PRIOR NOTICE IN ORDER TO CARRY OUT MAINTENANCE WORK AND MAKE CHANGES TO THE WEBSITE.

WE MAKE EVERY EFFORT TO PROVIDE ACCURATE INFORMATION. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR INACCURACIES WITHOUT NOTICE. THE WEBSITE MAY CONTAIN MATERIAL OF HISTORICAL NATURE AND IS PROVIDED FOR REFERENCE ONLY. THE MATERIAL PROVIDED ON THIS WEBSITE IS FOR GENERAL INFORMATION ONLY. WE WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION ON THE WEBSITE.

5. CHANGES TO PRODUCTS OR PRICES

WE MAKE EVERY EFFORT TO ACCURATELY DISPLAY COLORS AND IMAGERY OF PRODUCTS FOR SALE. WE CAN NOT GUARANTEE YOUR COMPUTER MONITOR’S DISPLAY OF COLORS WILL BE ACCURATE. WE RESERVE THE RIGHT TO LIMIT THE SALES OF OUR PRODUCTS TO ANY PERSON, GEOGRAPHIC REGION, OR JURISDICTION. WE RESERVE THE RIGHT TO LIMIT THE QUANTITIES OF ANY PRODUCT. ALL DESCRIPTIONS OF PRODUCTS OR PRODUCT PRICING ARE SUBJECT TO CHANGE AT ANY GIVEN TIME WITHOUT NOTICE, AT OUR SOLE DISCRETION. WE RESERVE THE RIGHT TO DISCONTINUE ANY PRODUCT AT ANY TIME. PRICES FOR OUR PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE.

6. SHIPPING

WHEN AN ORDER IS PLACED, IT WILL BE SHIPPED TO THE BILLING ADDRESS DESIGNATED BY THE PURCHASER AS LONG AS THAT SHIPPING ADDRESS COMPLIES WITH THE SHIPPING RESTRICTIONS LISTED ON THIS WEBSITE. RISK OF LOSS AND TITLE FOR ITEMS PURCHASED FROM THIS WEBSITE PASS ON TO YOU ONCE DELIVERED. YOU ARE RESPONSIBLE FOR FILING ANY CLAIMS WITH CARRIERS FOR DAMAGED OR LOST SHIPMENTS. A SIGNATURE MAY BE REQUIRED FOR DELIVERIES. WE DO NOT GUARANTEE ANY SPECIFIC DELIVERY DATE AND ARE NOT RESPONSIBLE FOR ANY DELAYS. 

TO ENSURE PROPER DELIVERY OF YOUR ORDER, WE DO NOT SHIP TO P.O. BOXES. TO AVOID DELAYS TO YOUR ORDER, PLEASE MAKE SURE THAT YOUR BILLING ADDRESS MATCHES THE ADDRESS ON YOUR CREDIT CARD STATEMENT AND THAT THE CARDHOLDER’S NAME IS WRITTEN AS IT APPEARS ON THE CARD.

7. RETURN POLICY

WE WANT YOU TO BE COMPLETELY HAPPY WITH YOUR PURCHASE. IF FOR ANY REASON YOU ARE NOT SATISFIED, WE WILL GLADLY ACCEPT ITEMS FOR EXCHANGE, REFUND OR MERCHANDISE CREDIT WITHIN 14 DAYS. PLEASE CONTACT US PRIOR TO RETURNING AT HELLO@PORTESO.COM WITH YOUR ORDER CONFIRMATION NUMBER AND REASON FOR THE RETURN. ALL RETURNS MUST BE IN THE ORIGINAL PACKAGING, UNUSED AND UNDAMAGED. PLEASE INCLUDE A COPY OF YOUR RECEIPT. WE RESERVE THE RIGHT TO DENY CREDIT FOR A RETURN IF THE MERCHANDISE DOES NOT MEET OUR RETURN POLICY REQUIREMENTS. REFUND WILL BE ISSUED BACK TO THE ORIGINAL PAYMENT METHOD OR MERCHANDISE CREDIT ONLY.

ONLY ELIGIBLE ITEMS PURCHASED MAY BE RETURNED. ANY SPECIAL ORDERS, CUSTOMIZED PRODUCTS OR PRODUCTS NOTED AS FINAL SALE OR NON-RETURNABLE CANNOT BE RETURNED FOR A REFUND OR MERCHANDISE CREDIT. RETURN SHIPPING CHARGES MAY BE DEDUCTED FROM YOUR REFUND. PLEASE ALLOW 7 TO 14 DAYS FOR CREDIT TO BE PROCESSED.

8. PERSONAL INFORMATION

YOUR SUBMISSION OF PERSONAL INFORMATION THROUGH THE WEBSITE IS GOVERNED BY OUR PRIVACY POLICY. 

9. LIMITATION OF LIABILITY AND INDEMNIFICATION

ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PORTESO (AND ITS HOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, SUPPLIERS, EMPLOYEES, INTERNS AND THIRD-PARTY SERVICE PROVIDERS), FROM ALL CLAIMS, DEMANDS, LOSSES OR EXPENSES, INCLUDING REASONABLE LEGAL FEES, DUE TO YOUR MISUSE OF THE WEBSITE, YOUR BREACH OF ANY TERMS OF SERVICE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT).  

IN THE EVENT THAT ANY PROVISION OF THESE TERMS OF SERVICE IS DETERMINED TO BE UNLAWFUL, VOID, OR UNENFORCEABLE, SUCH PROVISION SHALL NONETHELESS BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. GOVERNING LAW

THESE GENERAL TERMS AND CONDITIONS OF USE ARE GOVERNED BY AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. FOR ANY DISPUTE THAT MAY ARISE IN CONNECTION WITH OUR TERMS OF SERVICE, YOU HEREBY CONSENT AND AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF A COURT LOCATED IN NEW YORK, NEW YORK. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND PORTESO IN ANY STATE OR FEDERAL COURT IN THE UNITED STATES, YOU AND PORTESO WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD CHOOSING THE DISPUTE BE RESOLVED BY A JUDGE. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO HAVE AN ARBITRATION.

11. ADDITIONAL TERMS

UNLESS OTHERWISE STATED, THESE GENERAL TERMS AND CONDITIONS OF USE WILL EXCLUSIVELY GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE. 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. YOUR CONTINUED USE AND/OR ACCESS TO OUR WEBSITE FOLLOWING ANY CHANGES TO THESE TERMS OF SERVICE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.