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terms & conditions

Welcome and thank you for visiting our online store!

Portoula, LLC, and all associates provide its products to you subject to the following terms and conditions. By accessing our website and completing and submitting an electronic order to purchase our products, you confirm that you are at least 18 years of age, and that you agree to the terms and conditions that follow.

Your submission confirms your offer to purchase goods, which, if accepted by us, will result in a binding contract.

Please note that products will not be sent until we have authorization of your payment from your card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.

If you change your mind after placing an order, you may cancel it at any time before we deliver it to the carrier to be sent. Please see our contact information for our telephone number. You will need to provide your name, address and order number to cancel your order.

Products

Portoula, LLC (“Portoula”) is proud to offer a variety of products. We make every effort to accurately represent the available listings and descriptions of products on our site. However, we make no guarantees as to the currency, completeness, accuracy, or reliability of such product images or descriptions. Product packaging may contain different information than is listed on our site. Upon receipt and before consumption of food products, check labels carefully in regard to nutrition, ingredients, allergens, and descriptions. If you find a product is not as described, please contact us.

We make every effort to ensure the pricing and availability of the products listed on our site. However, we cannot guarantee that a product will always be in stock. If a product is not available, we will make every effort to update the site in a timely manner to reflect the unavailability. Portoula has the right to correct any errors, inaccuracies, or omissions made on the site at any time and without prior notice including the right to cancel any orders containing pricing or availability errors after the receipt of an order confirmation.

The products offered on our site are intended for the personal use of our customers. Products are not intended for commercial sale in public eateries, restaurants, retail stores or any other entities offering the products for commercial use. We reserve the right to prohibit the sale of products to consumers we believe are using the products for commercial purposes or are reselling them. We will not be liable for any such commercial use. If you are interested in pursuing a commercial relationship with Portoula, please contact us at comein@portoula.com.

Orders

You represent and warrant that you are 18 and have the right to use any credit card or other means of payment you provide to us. By providing credit card information to us, you authorize us to use the card as payment for the purchases you make through our online store. Providing any inaccurate or untruthful information regarding billing or payment will result in the cancellation of your order. By confirming your purchase at the end of the check out process, you agree to accept and pay for all the products you selected as well as applicable shipping and tax costs.

We reserve the right to cancel or refuse an order for any reason including limitations on quantities available, inaccuracies in pricing or product information, or problems regarding fraud or inaccurate payment information. If cancellation occurs after your card has been charged, Portoula will issue a credit to your card in the amount of the charge.

Electronic Communications

When you visit our site or send e-mails to us, you are communicating with Portoula electronically, and thus, consent to receiving such communications. Upon providing your name and email address, we will communicate with you by e-mail regarding our products, upcoming promotions, invoices, changes to pricing or fees, termination of services, and other information regarding Portoula or its third-party partners. You agree that all agreements, notices, disclosures and other communications that Portoula provides to you electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property

You acknowledge that Portoula, its licensors, and content and service providers own all rights, title, and interest including without limitation all Intellectual Property rights (as set forth below), regarding the use of Portoula’s website and online store. “Intellectual Property Rights” means all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. You agree to not remove, obscure, or alter Portoula’s copyright notice, trademarks or other proprietary rights notices affixed to, or contained within, or accessed in conjunction with, or through the use of Portoula’s online store or website.

Copyright: You agree that all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Portoula or its content suppliers and is protected by national and international copyright laws. The compilation of all content on this site is the exclusive property of Portoula, with copyright authorship for this collection by Portoula, and is protected by U.S. and international copyright laws.

Trademark: The PORTOULA name, logo, trademark and trade dress  (collectively the “Portoula Marks”) may not be used in connection with any product or service that is not offered by Portoula, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Portoula Marks or Portoula. You may not use the Portoula name or mark, or any other proprietary graphic or trademark without express written permission.

All other trademarks not owned by Portoula or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Portoula or its subsidiaries.

All intellectual property rights not expressly granted are reserved and protected by infringement by state and federal laws, and international legislations and treaties.

License and Site Access

Portoula grants you a limited, non-exclusive license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Portoula. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Portoula. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Portoula Marks, Portoula and/or our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Portoula Marks without the express written consent of Portoula. Any unauthorized use terminates the permission or license granted by Portoula. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Portoula so long as the link does not portray the Portoula Marks, Portoula, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Portoula Marks or other proprietary graphic or trademark as part of the link without express written permission.

Username and Password Responsibility

If you use this site and create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. If you suspect your password has been compromised, you will need to promptly change it. You agree to take responsibility for all actions taken under your account or password by you and any third-parties including any abuse or unauthorized use. If you are under 18, you may use our website only with involvement of a parent or guardian. Portoula and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Please review our PRIVACY NOTICE, which also governs your visit to our website, to understand our practices.

Third-Party Providers

Portoula may use third-parties such as WordPress and Woo Commerce to sell, deploy, configure and/or support our website services. By using our website, you consent to Portoula sharing your information as necessary to enable third-parties’ activities. Third-party providers are subject to a separate privacy policy and terms of use. By using or services, you indicate that you have reviewed the privacy policy and terms of use of our third-party service providers and agree to both.

External Websites and Links

Portoula’s inclusion of a link to any other website or resources is for your convenience only. Portoula has no control over the content of these outside websites and makes no representation as to the quality, suitability, functionality, or legality of these websites. Your use of these websites is entirely at your own discretion and risk. You agree that Portoula will not be held liable for any damages or claims arising from your use of these outside websites.

Warranties and Disclaimers

Product Descriptions: Portoula and its associates attempt to be as accurate as possible. However, Portoula does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Portoula is not as described, your sole remedy is to contact us for a replacement product or refund.

Risk of Loss: All products purchased from Portoula are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.

Warranties: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY PORTOULA ON AN “AS IS” AND “AS AVAILABLE” BASIS. PORTOULA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PORTOULA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PORTOULA ASSUMES NO RESPONSIBILITY FOR (a) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS, (b) PERSONAL INJURY OR ANY OTHER DAMAGE OCCURRING FROM YOUR USE OF THE SITE OR PRODUCTS,(C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVICES AND/OR ANY AND ALL PERSONAL/FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED THROUGH OR To THE SITE BY a third-party, (E) any interruption or cessation of transmission to or from the site, or (f) any errors or omissions in any content posted, transmitted, or otherwise made available through the site. if you find our online shopping service/website, is not as described your sole remedy is to cease use.

portoula will use best efforts to ensure its website and online shopping services are delivered as expected. however, portoula will not be liable for any delays or failure in delivery or performance of any part of its website or online shopping services, from any cause beyond our control including, but not limited to, acts of god, sUPPLY ISSUES, PANDEMICS, changes to laws or regulations, loss of power, acts of hackers or third-party internet service providers.

PORTOULA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PORTOULA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PORTOULA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

Other Terms

Applicable Law: By visiting the Portoula website, you agree that the laws of the Commonwealth of Massachusetts, in the United States of America, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Portoula or its associates.

Other terms: Please review our other policies, such as our SHIPPING AND RETURNS POLICY, posted on this site. These policies also govern your visit to the Portoula site. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Questions

Questions regarding our TERMS AND CONDITIONS OF USE, PRIVACY POLICY, SHIPPING AND RETURNS POLICY or other policy related material can be directed to our support staff by contacting us at the address below. You can also email us at: comein@portoula.com