Terms and Conditions
Last Updated: 02/12/2024
Welcome to Joana The Oyster. These Terms and Conditions outline the rules and regulations for using the website (www.joanatheoyster.com) and purchasing products from Joana Lopes (referred to as "we," "us," or "our").
By accessing this website and/or purchasing our products, you agree to comply with these terms. If you do not agree, please refrain from using the website.
1. Company Information
Joana The Oyster is operated by Joana Lopes, an individual entrepreneur based in Portugal. The business operates purely online and is compliant with Portuguese laws for small businesses.
Contact Email: hello@joanatheoyster.com
2. Products
We sell 100% cotton T-shirts featuring unique, limited-edition designs. Each design is produced in small batches to maintain exclusivity.
Price: ā¬30 per T-shirt, inclusive of Portuguese VAT (23%).
Payment Methods: PayPal, Credit/Debit Card, and Apple Pay.
3. Order Processing and Shipping Policy
Order Processing Time: Orders are processed within 5 business days and may take up to 30 days to arrive depending on location.
Delivery Methods: Orders are shipped via CTT (Portuguese Postal Service). In Portugal, customers may choose a pickup point.
Estimated Delivery Time: Approximately 10 business days from the shipping date.
Shipping Costs: Determined by the courier and added at checkout.
International Shipping: We ship to countries across Europe (including non-EU nations), China, Japan, South Korea, select South American countries, Australia, Canada, and the United States.
4. Returns and Refunds
We offer a 30-day return policy under the following conditions:
Eligibility: Refunds are only available for defective items. Returns for sizing issues are not accepted as size details are provided at purchase.
Return Process: Customers must email us within 30 days of receiving the item at hello@joanatheoyster.com, explaining the issue. We will provide the return address via email.
Refunds: Upon receiving the returned item, we will process refunds within 5 business days. Refunds include the product cost and the original shipping fee, returned to the original payment method.
5. User Conduct
When using our website, you agree to:
Use the website only for lawful purposes and through the provided shopping cart functionality.
Refrain from engaging in prohibited activities, including but not limited to:
Misusing website content.
Attempting unauthorized access to the website or server.
Engaging in fraudulent or illegal activities.
6. Intellectual Property
Ownership: All designs, images, text, and other content on this website are owned by Joana Lopes.
Usage: You may not reproduce, distribute, or use any content without explicit permission. Personal, non-commercial use is permitted.
7. Limitation of Liability
Disclaimers: We are not liable for delays caused by shipping couriers or for customs delays in international shipments.
Warranties: Products are sold "as-is." We guarantee only against defects as defined in our Returns and Refunds policy.
8. Privacy Policy
Data Collection: We collect personal information (e.g., name, address, email, and payment details) solely for order processing and shipping purposes.
Data Usage: Your information is stored securely and used only to fulfill orders and improve our services.
Third-Party Sharing: We do not share your information with third parties except as necessary for payment processing and shipping.
9. Governing Law
These terms are governed by the laws of Portugal. Any disputes shall be resolved exclusively under Portuguese jurisdiction.
10. Modification of Terms
We reserve the right to update these Terms and Conditions at any time. Changes will be posted on this page, and continued use of the website implies acceptance of updated terms.
For any questions or concerns, please contact us at hello@joanatheoyster.com. Thank you for supporting Joana The Oyster.
Cookies:
The website uses cookies to help personalize your online experience. By accessing Joana the Oyster, you agreed to use the required cookies.
A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.
License:
Unless otherwise stated, Joana the Oyster and/or its licensors own the intellectual property rights for all material on Joana the Oyster. All intellectual property rights are reserved. You may access this from Joana the Oyster for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Copy or republish material from Joana the Oyster.
Sell, rent, or sub-license material from Joana the Oyster.
Reproduce, duplicate or copy material from Joana the Oyster.
Redistribute content from Joana the Oyster.
This Agreement shall begin on the date hereof.
Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Joana the Oyster does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Joana the Oyster, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Joana the Oyster shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Joana the Oyster reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Joana the Oyster a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.
Hyperlinking to our Content:
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Joana the Oyster; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Joana the Oyster. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of Joana the Oyster's logo or other artwork will be allowed for linking absent a trademark license agreement.
Content Liability:
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights:
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website:
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer:
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
