Terms of service
OVERVIEW
Welcome to Surprizy! The website surprizy.pt and the Surprizy online store are operated by Work Play Lab, Lda., with registered office at Rua Hermano Neves, 18, Piso 3, Esc. 7, V8001, 1600-477 Lisbon, Portugal (NIPC: 519 179 684), contactable via info@surprizy.pt. The terms "we", "us" and "our" refer to Work Play Lab, Lda., operator of Surprizy.
We operate this store and website, including all information, content, features, tools, products and related services, with the aim of providing you, the customer, with a personalised shopping experience (the "Services"). Surprizy is developed using Shopify technology, which allows us to provide you with the Services.
The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using 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 of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and 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.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information such as your email address, billing, payment and shipping details. You represent and warrant that all information provided in our stores is correct, current and complete and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, the colours or appearance of products may differ from those shown on your screen due to the type of device you use to access the store and your device settings.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match those displayed in our online store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of any products offered to any person, geographic region or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
By placing an order, you are making an offer to purchase. Surprizy reserves the right to accept or reject your orders for any reason at its sole discretion. Your orders will not be accepted until Surprizy confirms acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as Surprizy may not be able to accommodate cancellation requests after acceptance. If we do not accept, modify or cancel an order, we will attempt to notify you via the email, billing address and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange strictly in accordance with our Returns and Refunds Policy.
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
SECTION 4 - PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be specified in your order confirmation email. Unless otherwise stated, prices include taxes, handling fees, customs or import duties. Shipping fees are displayed separately prior to checkout, depending on the selected items and delivery location.
Prices shown in our online stores may differ from those offered in physical stores or other online stores operated by third parties. From time to time, we may offer promotions that affect pricing and are governed by separate terms and conditions. In the event of a conflict between promotion terms and these Terms, the promotion terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store. 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 if necessary.
You represent and warrant that (i) the credit card information provided is true, correct and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) the charges incurred by you will be honoured by your credit card company and (iv) you will pay the charges incurred by you at the published prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Once we transfer the products to the carrier, ownership and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, brands, texts, displays, images, graphics, product reviews, videos and audio, as well as the design, selection and arrangement thereof, are the property of Surprizy, its affiliates or licensors and are protected by U.S. and foreign patents, copyrights and other intellectual property laws.
These Terms allow you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants you or shall be construed as granting you any license or other rights under any patent, trademark, copyright or other intellectual property of Surprizy, Shopify or any third party. Unauthorized use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted herein are reserved by Surprizy.
The names, logo, product and service names, designs and slogans of Surprizy are trademarks of Surprizy or its affiliates or licensors. You must not use such trademarks without prior written permission from Surprizy. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools provided by third parties as part of the Services, over which we have no monitoring, control or 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 arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such 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 subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any third-party embedded functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not responsible for any damage or loss related to your access to any third-party website, or your purchase or use of any products, services, resources or content on any third-party website. Please review carefully the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Surprizy is developed using Shopify technology, which allows us to provide you with the Services. However, any sale and purchase you make in our Store is made directly with Surprizy. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Surprizy, including any injury, damage or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchase and transaction with Surprizy.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services forms part of our Privacy Policy, which can be accessed here and certain personal information may form part of Shopify’s Privacy Policy, which can be accessed here. By using the Services, you acknowledge that you have read this Privacy Policy.
As the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access and use of the Services in order to provide and improve the Services. The information you provide to the Services will be transmitted and shared with Shopify as well as third parties who may be located in a country different from your own, so that we can provide services to you. Please refer to our Privacy Policy for more details on how we, Shopify and our partners use your personal information.
SECTION 11 - FEEDBACK
By submitting, uploading, posting, emailing or otherwise sharing ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "feedback"), you grant us a perpetual, worldwide, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display such feedback in any medium and for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve and promote the Services, as well as to fulfil our obligations and exercise our rights under the Terms of Service.
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 have no obligation to (1) maintain your feedback in confidence; (2) pay compensation for your feedback; or (3) respond to your feedback.
We may, but are not obligated to, monitor, edit or remove feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your feedback will not contain defamatory, unlawful, abusive or obscene material, or contain any computer virus or other malware that could 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 provide and its accuracy. We take no responsibility and assume no liability for any feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping fees, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any local, state, provincial, federal or international laws, regulations or rules; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Surprizy, Shopify or users of the Services or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track personal information of others; (d) send spam, engage in phishing, pharming or pretexting within the Services; (e) use any robot, spider, scraping tool, data mining or extraction tool, automated device or process, artificial intelligence tools (such as agentic AI) or any automated or manual means to access the Services; or (f) interfere with, circumvent or bypass security features or any measures used to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, enable, activate or cause the implementation of an Agent to access, use or interact with any Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity and that may operate on behalf of, or using a person’s device, without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements set out in section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that such Agent refrain from doing so.
14.3 We may limit, including through technical measures, whether and how any Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent’s name by including the following in the request’s user-agent string: "Agent/[agent name]"; (ii) not conceal or disguise that any access, use or interaction is by an Agent, including by (a) imitating human behaviour or interaction patterns or (b) completing or bypassing CAPTCHA or any measures designed to distinguish human from automated use; (iii) respond truthfully to any prompt or question intended to determine whether interactions are from a human or a computer; (iv) not circumvent or avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time, without prior notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive 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 which by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented in 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 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.
EXCEPT AS EXPRESSLY STATED BY THE [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER 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 WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Surprizy, Shopify and our affiliates, partners, directors, officers, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable attorneys’ fees, payable to third parties due to or arising from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to give prompt notice shall not relieve you of your obligations except to the extent you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You must cooperate in the defence of indemnifiable claims, including providing relevant documents.
SECTION 19 - SEVERABILITY
If 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 severed from these Terms of Service, without affecting the validity and enforceability of any remaining provisions.
SECTION 20 - 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 website or in respect to the Service constitute the entire agreement and understanding between you and us and govern 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 21 - 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 attempt to do so shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreement whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Surprizy has its registered office. You and Surprizy agree to the venue and personal jurisdiction of such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - 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, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notification. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to info@surprizy.pt.
Our contact information is provided below:
SURPRIZY
info@surprizy.pt
WORK PLAY LAB, LDA
Rua Hermano Neves, 18, Piso 3, Escritório 7, V6001
1600-477 Lisboa
NIPC: 519179684