Terms of service
Terms of Service
Last updated: 7 September 2026
Welcome to Home of Saudade.
This website is operated by César Martiniano Unipessoal Lda, trading as Home of Saudade, with registered office at Rua Beato João Batista Machado, n.º 23, 9700-028 Angra do Heroísmo, Azores, Portugal, registered under NIF/NIPC/VAT number 517899884 ("Home of Saudade", "we", "us", "our").
Throughout this document, "you" means you as a user of our website — whether you are browsing, buying, or otherwise interacting with us.
These Terms of Service govern your use of our website and services. By accessing or using any part of the site, or by placing an order, you agree to be bound by these Terms and by the policies referenced in them, including our , our and our . If you do not agree with them, please do not use the site.
The language of these Terms and of any contract concluded with us is English.
Thank you for choosing Home of Saudade. We're glad to have you here.
Overview
Home of Saudade offers this website, and all the information, tools and services available from it, on the condition that you accept the terms, conditions, policies and notices set out here.
Any new features or tools added to the store are also subject to these Terms. You can always review the current version on this page. We may update, change or replace any part of these Terms by posting the revised version here — see Changes to These Terms below.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products to you.
Section 1 — Using Our Store
By agreeing to these Terms, you confirm that you are at least 18 years old, or that you have the legal capacity to enter into a binding contract in your country of residence and, where required, the consent of a parent or guardian.
You may not use our products or our site for any unlawful or unauthorised purpose, nor may you violate any law applicable to you, including copyright law. You must not transmit worms, viruses or any code of a destructive nature.
A serious breach of these Terms may result in the termination of your access to our services.
Section 2 — General Conditions
We may refuse service to anyone, at any time, where we have a legitimate reason to do so.
You understand that your content — excluding payment card information — may be transferred unencrypted, and may involve transmissions over various networks and changes made to adapt to the technical requirements of connecting networks or devices. Payment card information is always encrypted in transit.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of our services, or any content on the site, without our express written permission.
The headings in this agreement are for convenience only and do not affect the interpretation of these Terms.
Section 3 — Accuracy and Completeness of Information
The material on this site is provided for general information. We make every effort to keep it accurate and current, but it should not be relied upon as the sole basis for a decision without consulting more complete or more timely sources.
This site may contain historical information, which is provided for reference only and is not necessarily current. We may modify the contents of this site at any time, but we are under no obligation to update it, except where the law requires us to.
Section 4 — Products, Prices and Availability
All our products are made to order. Some products may be available exclusively online and in limited quantities.
Prices. All prices are shown in the currency selected on the site and include VAT at the applicable rate. Shipping costs are calculated and shown separately at checkout, before you confirm your order. Prices may change at any time before you place an order; the price that applies to your order is the one displayed at the moment you complete checkout.
Customs and import charges. Our products are produced in the region they are shipped to. Orders delivered within the European Union, the United States, Canada, the United Kingdom and Australia are produced locally and are not subject to customs duties or import charges. For other destinations, customs duties, import taxes or handling fees may be charged by the destination country; these are not included in our prices and are the responsibility of the recipient.
Colours. We have made every effort to display the colours and images of our products as accurately as possible. Screens are backlit and calibrated differently, and we cannot guarantee that the colour you see on your device is an exact match for the finished product.
Availability. We may limit the sale of our products to any person, geographic region or jurisdiction, and we may limit the quantities offered. We may discontinue any product at any time. Any offer made on this site is void where prohibited.
Section 5 — How a Contract Is Formed
When you place an order, you are making an offer to buy. We will send you an email acknowledging that we have received your order — this acknowledgement is not yet acceptance.
The contract between us is concluded when we send you a confirmation that your order has entered production or has been dispatched. Until that moment, we may decline your order, for example if the product is unavailable, if there is an error in the price or description, or if we suspect fraud.
If we decline your order after payment has been taken, we will refund you in full.
Section 6 — Returns, Exchanges and Cancellation
Because every product is made to order for you, specific rules apply to returns, exchanges and cancellation. They are set out in full in our , which forms part of these Terms.
Please read it before ordering, together with the size guide on each product page. The measurements shown in our size guides are the measurements of the garment, not of the body.
Nothing in our Refund Policy or in these Terms limits your rights where a product is faulty, damaged, or different from what you ordered — see Your Rights as a Consumer below.
Section 7 — Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for every order, and to keep it up to date — including your email address, delivery address and payment details — so that we can complete your transaction and contact you if needed.
We may limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed under the same customer account, the same payment card, or the same billing or shipping address. If we change or cancel an order, we will attempt to contact you using the email address or phone number provided at the time of the order. We may also limit or prohibit orders that, in our reasonable judgement, appear to be placed by dealers, resellers or distributors.
Section 8 — Optional Tools
We may give you access to third-party tools that we neither monitor nor control.
You acknowledge that we provide access to such tools "as is" and "as available", without warranties or endorsement of any kind, and that your use of them is at your own discretion and risk. You should familiarise yourself with the terms on which those tools are provided by the relevant third party.
Any new services or features we offer through the site in future are also subject to these Terms.
Section 9 — Third-Party Links
Some content, products and services available through our site may include material from third parties, and some links may take you to websites that are not affiliated with us.
We are not responsible for examining or evaluating the content of third-party sites, and we are not liable for any harm or damage related to the purchase or use of goods or services from them. Please review their policies carefully before you transact with them. Complaints or questions about a third party's products should be directed to that third party.
Section 10 — Your Comments, Reviews and Submissions
If you send us creative ideas, suggestions, proposals, reviews, photographs or other materials — whether at our request or not ("comments") — you agree that we may use, edit, copy, publish, translate and distribute them in any medium, for the purpose of promoting Home of Saudade and its products. You retain ownership of what you send us.
We are under no obligation to keep any comments confidential, to pay compensation for them, or to respond to them. We may, but are not required to, remove content that we consider unlawful, offensive, defamatory, obscene, or in breach of anyone's rights or of these Terms.
You agree that your comments will not infringe the rights of any third party, will not be unlawful, abusive or obscene, and will not contain malicious code. You may not use a false email address or misrepresent who you are. You are solely responsible for the comments you make.
Section 11 — Intellectual Property
All designs, artwork, illustrations, photographs, text, logos and other content on this site are owned by Home of Saudade or used under licence, and are protected by copyright and trade mark law.
You may not reproduce, distribute, print, resell or create derivative works from our designs — including printing them onto products — without our prior written permission. Buying a product gives you ownership of that product, not of the design printed on it.
If you believe that content on our site infringes your rights, please contact us at .
Section 12 — Personal Information
Your submission of personal information through the store is governed by our .
Section 13 — Errors, Inaccuracies and Omissions
Occasionally, information on our site may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
We may correct any such error and change or update information at any time without prior notice. Where an obvious pricing error affects an order you have already placed, we will contact you before proceeding, and you may confirm the order at the correct price or cancel it for a full refund.
Section 14 — Prohibited Uses
In addition to the other prohibitions in these Terms, you may not use the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any applicable law or regulation; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the site.
We may terminate your access to our services for breach of any of these prohibitions.
Section 15 — Your Rights as a Consumer
Nothing in these Terms excludes, restricts or affects your mandatory statutory rights as a consumer.
If you are a consumer resident in the European Union, this includes in particular:
- the legal guarantee of conformity of 3 years on goods, under Decreto-Lei n.º 84/2021, which we cannot exclude or limit;
- your rights under Decreto-Lei n.º 24/2014 on distance contracts;
- your right to the remedies provided by law where a product does not conform to the contract.
Where any provision of these Terms conflicts with a mandatory consumer protection rule that applies to you, that rule prevails.
Section 16 — Disclaimer of Warranties and Limitation of Liability
This section applies subject to Section 15 and does not limit your statutory rights as a consumer.
We do not guarantee that your use of our site will be uninterrupted, timely, secure or error-free, or that the results obtained from using it will be accurate or reliable. We may suspend or withdraw the site at any time without notice.
Except as expressly stated by us and except for the statutory guarantees described in Section 15, the site and everything provided through it are made available "as is" and "as available", without representations, warranties or conditions of any kind.
To the fullest extent permitted by law, César Martiniano Unipessoal Lda and its directors, employees, affiliates, agents, contractors, suppliers and service providers shall not be liable for any indirect, incidental, special or consequential loss — including lost profits, lost revenue, lost savings, loss of data or replacement costs — arising from your use of the site or of any product bought through it.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot lawfully be excluded.
Section 17 — Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless César Martiniano Unipessoal Lda and its directors, officers, agents, contractors, licensors, service providers and employees from any claim or demand, including reasonable legal fees, made by a third party arising out of your breach of these Terms, your unlawful use of the site, or your violation of the rights of a third party.
This section does not apply to ordinary consumer use of the site in accordance with these Terms.
Section 18 — Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable part shall be severed. This does not affect the validity of the remaining provisions.
Section 19 — Termination
The obligations and liabilities incurred by either party before the date of termination survive the termination of this agreement.
These Terms remain in effect unless and until terminated by either you or us. You may terminate them at any time by telling us that you no longer wish to use our services, or simply by ceasing to use the site.
If you fail to comply with these Terms, we may terminate this agreement and deny you access to our services. You remain liable for any amounts due up to the date of termination.
Section 20 — Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with the policies published on this site, constitute the entire agreement between you and us regarding your use of our services, and supersede any prior agreements or communications, including any earlier version of these Terms.
Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.
Section 21 — Governing Law and Jurisdiction
These Terms, and any contract concluded through this site, are governed by the laws of Portugal.
If you are a consumer resident in another country of the European Union, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of habitual residence, in accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I).
Section 22 — Complaints and Dispute Resolution
If something goes wrong, please write to us first at . We would much rather resolve it with you directly.
Alternative dispute resolution (RAL). In the event of a consumer dispute, you may refer the matter to an alternative dispute resolution entity, under Lei n.º 144/2015. The entity with national competence is:
CNIACC — Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Further information is available at the Consumer Portal: .
Electronic Complaints Book. You may also submit a complaint through the Portuguese Electronic Complaints Book at , the digital equivalent of the physical complaints book.
Section 23 — Changes to These Terms
You can review the most current version of these Terms at any time on this page.
We may update, change or replace any part of these Terms by posting the revised version on our website and updating the "Last updated" date. Where a change materially affects your rights, we will make reasonable efforts to notify you. Your continued use of the site after a change is published constitutes acceptance of it. Changes do not apply retroactively to orders already placed.
Section 24 — Contact
César Martiniano Unipessoal Lda (Home of Saudade) Rua Beato João Batista Machado, n.º 23 9700-028 Angra do Heroísmo, Azores, Portugal NIF/NIPC/VAT: 517899884 Email:
Questions, suggestions and comments are welcome. We always try to respond as quickly as we can.
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