Terms of service

OVERVIEW
Welcome to Hot Desire. The terms "we", "us" and "our" refer to Hot Desire. Hot Desire operates this online store and website, including all related information, content, features, tools, products and services (the "Services"). Hot Desire is powered by Shopify, which enables us to provide the Services to you.
These Terms and Conditions, together with any policies referenced herein (these "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 and our Privacy Policy, available on our website. If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
You must be at least 18 years old, or the legal age required to purchase adult products in your country, whichever is higher. Our products are not intended for minors.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We make reasonable efforts to ensure that product descriptions, images and colors are accurate. However, colors or product appearance may differ from how they appear on your screen due to your device, settings or configuration. Nothing in these Terms limits your statutory rights relating to product conformity, safety or defects.
Product information may be updated before an order is accepted. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region or jurisdiction, where reasonably necessary.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. An order is accepted when we send you an order confirmation. We may decline or cancel an order where reasonably necessary, including in cases of payment failure, suspected fraud, stock issues or obvious pricing or product errors. If we cancel an order after payment has been taken, we will refund the amount paid for that order. Please review your order carefully before submitting it.
Your purchases are subject to our Refund and Returns Policy, available on our website, without prejudice to your statutory consumer rights.
You represent that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions may change before an order is placed. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All product prices displayed on our website include applicable VAT. Delivery charges, if any, are shown separately before you place your order. For deliveries outside the European Union, customs duties or import charges may apply and may be payable by the customer.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
Delivery times are estimates and may vary by destination, stock availability, carrier and customs processing. We will provide the estimated delivery information available to us before you place your order. We are not responsible for delays caused by events outside our reasonable control, but nothing in these Terms limits your statutory consumer rights. We remain responsible for the goods until they are delivered to you, except where you independently arrange a carrier that was not offered by us.
If we do not deliver within the agreed period or, where no period was agreed, within 30 days, you may contact us to request delivery within an additional reasonable period. If we fail to deliver within that additional period, you may cancel the order and request a refund, subject to applicable law.

SECTION 6 - RETURNS, REFUNDS AND EXCHANGES
You may exercise your legal right to withdraw from your purchase within 14 days of receiving your order, without giving a reason, subject to applicable legal exceptions. To request a return, contact us at hotdesirebusiness@gmail.com within that period. After notifying us, you must send the goods back within 14 days.
Products must be returned unused, unworn, unwashed and in their original condition. Clothing must include all original tags and packaging. For hygiene reasons, sealed intimate products are not eligible for return once opened.
The customer is responsible for return shipping costs in cases of change of mind or incorrect size, unless the product is faulty, damaged or incorrect. We will reimburse the standard delivery cost where required by applicable law. Refunds will be made using the original payment method, subject to the rights and conditions set out in applicable law.
If an order arrives damaged, defective, incorrect or incomplete, please contact us as soon as possible at hotdesirebusiness@gmail.com and include your order number and clear photos or videos of the issue. This information may be required to process a claim with our fulfilment partner. Where appropriate, we may offer a replacement or refund. Nothing in this section limits your statutory consumer rights.
Products are covered by the applicable legal guarantee of conformity. Nothing in these Terms or in our Refund and Returns Policy limits your rights in relation to faulty, defective or non-conforming products.

SECTION 7 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Hot Desire, its affiliates or licensors and are protected by applicable intellectual property laws.
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. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Hot Desire, Shopify or any third party. All rights not expressly granted herein are reserved by Hot Desire.
Hot Desire's names, logos, product and service names, designs, and slogans are trademarks of Hot Desire or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 8 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY
Shopify provides the platform that hosts and supports this online store.
Hot Desire 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 Hot Desire. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Hot Desire, 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 Hot Desire.

SECTION 11 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available on our website. Shopify may also process personal information in connection with hosting and providing the Services. Please review our Privacy Policy for details about how Hot Desire, Shopify and our service providers process personal information.

SECTION 12 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant Hot Desire a non-exclusive, worldwide, royalty-free license to use, reproduce, publish and display that Feedback for operating and promoting the Services. We will not use your personal information beyond what is included in the Feedback unless you provide any additional consent required by law.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be typographical errors, inaccuracies or omissions in the Services relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct such errors and update information. If an error affects an order you have placed, we will notify you and, where appropriate, offer you the option to reconfirm or cancel the order with a full refund. This does not limit your statutory consumer rights.

SECTION 14 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable law or regulation; (c) to infringe the intellectual property rights of others; (d) to harass, abuse, defame, intimidate or harm any person; (e) to transmit false or misleading information; (f) to send spam or other unsolicited promotional material; (g) to impersonate any person or entity; or (h) to interfere with or restrict anyone's use of the Services.
In addition, you agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others without authorization; (d) spam, phish or otherwise deceive users; (e) use robots, spiders, scrapers or other automated means to access or extract data from the Services, except for ordinary search-engine indexing or tools expressly authorized by us; or (f) bypass our security or authorization features. We reserve the right to suspend or terminate access where reasonably necessary if these Terms are violated.

SECTION 15 - AGENTS
14.1 This section ("Agent Terms") applies if software or a service takes autonomous or semi-autonomous action to access, use or interact with the Services on behalf of a person or entity.
14.2 No Agent may access, use or interact with the Services unless it identifies itself where technically possible, complies with applicable law and respects our security and access requirements. We may request that an Agent stop accessing the Services.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
15.4 Agents must not conceal their automated nature, circumvent CAPTCHAs or other security measures, impersonate humans, or bypass measures intended to control access to the Services.

SECTION 16 - TERMINATION
We may suspend or terminate access to the Services where reasonably necessary, including in response to a serious violation of these Terms, fraud, misuse or a security risk. This will not affect any rights or obligations that arose before termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 17 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
To the fullest extent permitted by law, the Services are provided for general use and may not always be uninterrupted or error-free. Nothing in these Terms excludes or limits any warranty, guarantee, remedy or liability that cannot be excluded or limited under applicable law, including your statutory consumer rights.

SECTION 18 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Hot Desire will not be liable for indirect or unforeseeable losses arising from your use of the Services. This limitation does not apply to liability that cannot legally be limited, including liability for death or personal injury caused by negligence, fraud, defective products or a breach of statutory consumer rights.

SECTION 19 - INDEMNIFICATION
You are responsible for losses directly caused by your unlawful use of the Services or your intentional violation of these Terms. Nothing in this section limits your statutory consumer rights.

SECTION 20 - SEVERABILITY
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, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms 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 without consent or notice to you.

SECTION 23 - GOVERNING LAW
These Terms are governed by the laws of Portugal, except to the extent that mandatory consumer protection laws in your country of residence provide otherwise. Nothing in this section limits your right to use any competent court or alternative dispute resolution mechanism available under applicable law.

SECTION 24 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 25 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION
Questions about these Terms or your order should be sent to us at hotdesirebusiness@gmail.com.