Terms of service
OVERVIEW
Welcome to D'HERITAGE. The terms "we", "us" and "our" refer to D'HERITAGE. D'HERITAGE 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"). D'HERITAGE 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 limitations of liability and dispute resolution.
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, you should not use or access our Services.
1. Who We Are
Entity: José Henrique Pinho Gonçalves ("JHPG"), trading as D'HERITAGE. Registered office: Rua Nossa Sr.ª da Conceição, 358, 3720-263 Vila de Cucujães, Oliveira de Azeméis, Portugal. Tax number: 190862122. Telephone: +351 924 393 767. Email: geral@dheritage.pt.
D'HERITAGE sells two product lines, D'HERITAGE and D'HERITAGE Aviation. These Terms apply to both.
2. Scope and Acceptance
These Terms govern access to and use of the website and the distance purchase of products by end consumers. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
We may amend these Terms at any time. The version applicable to each order is the one published at the moment the order is completed. We will notify you of material changes in accordance with applicable law.
3. Access and Account
To use the Services you must be at least 18 years old and have legal capacity to enter into a contract. You also represent that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
Creating an account is optional. You are responsible for the accuracy and currency of the information you provide, for 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. Please tell us immediately if you become aware of any unauthorised use.
4. Our Products
We have made every effort to provide an accurate representation of our products, including composition, weight, actual garment measurements and country of production. Colours and product appearance may differ from how they appear on your screen due to the device you use and its settings and configuration.
Items made from natural fibres show variations inherent to the material. In linen, the irregularity known as slub is part of the character of the fabric. In vegetable tanned leather, a patina develops with use. These characteristics are not defects.
All descriptions of products are subject to change at any time at our discretion. We reserve the right to discontinue any product and may limit the quantities of any products offered to any person, geographic region or jurisdiction.
5. Orders
When you place an order, you are making an offer to purchase. Your order is not accepted until we confirm acceptance, which requires us to receive and process your payment. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.
We may refuse or cancel an order where stock is unavailable, where there is an obvious pricing or description error, where fraud is suspected, or where delivery is not possible. In such cases, any amount already paid is refunded in full and we will attempt to contact you using the email address, billing address or telephone number provided with the order.
6. Prices and Billing
Prices are shown in euros and include VAT at the applicable statutory rate. Unless otherwise expressly stated, posted prices do not include shipping, handling, customs or import charges, which are shown separately or borne by the recipient as applicable.
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.
Where there is an obvious error in a displayed price, and before dispatch, we will contact you and give you the option of confirming the order at the correct price or cancelling it at no cost.
7. Payment
We accept MB Way, credit and debit cards, Apple Pay, Google Pay and PayPal. Payment is processed by specialist providers in a secure environment. D'HERITAGE does not store your full card details.
You represent and warrant that the payment information you provide is true, correct and complete, that you are duly authorised to use the payment method, and that you will pay the charges incurred at the posted prices.
8. Shipping and Delivery
Shipping conditions, costs and delivery times by destination are set out in our Shipping Policy, which forms part of these Terms. We ship worldwide with DPD.
Leather goods are made to order and require 5 business days of production before dispatch, in addition to the stated delivery time.
All 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 we transfer products to the carrier, risk of loss passes to you, without prejudice to the consumer's mandatory rights regarding conformity and delivery.
9. Right of Withdrawal and Exchanges
You have 14 days to exercise the right of withdrawal, as set out in our Refund Policy. We also offer size and colour exchanges as a commercial courtesy within 14 days, on the terms set out in that policy.
As provided by law, the right of withdrawal does not apply to goods made to the consumer's specifications or clearly personalised.
10. Statutory Guarantee of Conformity
All items are covered by the 3 year statutory guarantee of conformity provided under Portuguese law for new movable goods, as set out in our Refund Policy. Nothing in these Terms excludes or limits this guarantee.
11. Intellectual Property
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by D'HERITAGE, its affiliates or licensors and are protected by Portuguese and European Union intellectual property law.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent. All rights not expressly granted are reserved.
D'HERITAGE's names, logos, product names and designs are trademarks of D'HERITAGE or its licensors and must not be used without prior written permission. Shopify's name, logo, product and service names and designs are trademarks of Shopify. All other trademarks on the Services belong to their respective owners.
12. Optional Tools
You may be provided with access to third-party tools which we neither monitor nor control. Such access is provided "as is" and "as available" without warranties of any kind and without endorsement. Any use of these tools is entirely at your own risk and you should ensure you are familiar with the terms on which they are provided.
13. Third-Party Links
The Services may contain materials and hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating their content or accuracy. Complaints, claims or questions regarding third-party products and services should be directed to the third party.
14. Relationship with Shopify
D'HERITAGE is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with D'HERITAGE. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and D'HERITAGE, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with D'HERITAGE.
15. Data Protection
All personal information we collect through the Services is subject to our Privacy Policy, which forms part of these Terms. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services, and that information may be transmitted to countries other than where you reside. Certain personal information may also be subject to Shopify's Privacy Policy, available at www.shopify.com/legal/privacy/app-users.
16. Customer Content and Feedback
If you submit reviews, photographs, ideas, suggestions, proposals or other content, you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such content in any medium for any purpose, including commercial use.
You represent and warrant that you own or have all necessary rights to the content, that you have disclosed any compensation or incentives received in connection with your submission, and that the content will not violate any third-party right or contain unlawful, abusive, obscene or malicious material. You may not use a false email address or pretend to be someone other than yourself.
We may, but have no obligation to, monitor, edit or remove content we determine to be unlawful, offensive or otherwise objectionable or in breach of these Terms.
17. Errors, Inaccuracies and Omissions
Occasionally there may be information in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate, including after you have submitted your order.
18. Prohibited Uses
You may access and use the Services for lawful purposes only. You may not use them, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate applicable law; (c) to infringe intellectual property rights; (d) to harass, abuse, defame, intimidate or harm any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or spam; (g) to impersonate any person or entity; or (h) to engage in conduct that restricts anyone's use of the Services.
You further agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, extract, sell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext the Services; (e) use any robot, spider, scraping or data extraction tool, AI tools (such as agentic AI) or automated means to access the Services; or (f) interfere with, bypass or circumvent our security measures.
We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
19. Agents
19.1 This section ("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 takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
19.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 19.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from doing so.
19.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
19.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by mimicking human behaviour and interaction patterns, or completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
20. Termination
We may terminate this agreement or your access to the Services at any time, and you will remain liable for all amounts due up to and including the date of termination. The following sections continue to apply following termination: Intellectual Property, Customer Content and Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law and Data Protection.
21. Disclaimer of Warranties
The information presented on or through the Services is made available solely for general information purposes. Except as expressly stated by D'HERITAGE, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either 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 guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.
This disclaimer does not exclude or limit the statutory guarantee of conformity or any other mandatory rights that the law confers on consumers, which prevail over any provision of these Terms to the contrary.
22. Limitation of Liability
To the fullest extent permitted by law, D'HERITAGE, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, and those of Shopify and its affiliates, shall not be liable for any indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data or replacement costs, arising from your use of any of the Services or any products procured using the Services.
Nothing in this section limits or excludes liability that the law does not allow to be limited or excluded, in particular towards consumers, for wilful misconduct or gross negligence, or in matters of conformity of goods and product safety. D'HERITAGE is liable for loss arising from failure to meet its contractual obligations in accordance with general law.
23. Indemnification
You agree to indemnify, defend and hold harmless D'HERITAGE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of your breach of these Terms, your violation of any law or the rights of a third party, or your access to and use of the Services. This obligation applies to the extent permitted by the law applicable to consumers.
24. Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed, without affecting the validity of the remaining provisions.
25. Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with any policies posted on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements. Any ambiguities shall not be construed against the drafting party.
26. Assignment
You may not delegate, transfer or assign these Terms or any of your rights or obligations without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations.
27. Complaints and Dispute Resolution
The electronic Complaints Book is available to you at www.livroreclamacoes.pt. In the event of a consumer dispute, you may refer the matter to the alternative dispute resolution body with jurisdiction for the area in which D'HERITAGE is based: CICAP · Consumer Arbitration Tribunal, Rua Damião de Góis, 31, Loja 6, 4050-225 Porto, Portugal. Telephone: +351 225 508 349. Email: cicap@cicap.pt. Website: www.cicap.pt. A complete list of ADR bodies is available at www.consumidor.gov.pt.
28. Governing Law and Jurisdiction
These Terms are governed by Portuguese law. Without prejudice to the consumer's right to bring proceedings in the courts of their place of residence or to use alternative dispute resolution bodies, the courts of the district of Aveiro are designated for any dispute arising from them.
29. Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
30. Contact Information
Questions about these Terms of Service should be sent to geral@dheritage.pt.
José Henrique Pinho Gonçalves · Rua Nossa Sr.ª da Conceição, 358, 3720-263 Vila de Cucujães, Oliveira de Azeméis, Portugal · Tax number 190862122 · +351 924 393 767 · geral@dheritage.pt