Termos do serviço
⦁ About us
Kaptan, Lda., with headquarters in Rua do Fontão, Nº 63, with the postal code 4710-087, Gualtar, district of Braga, municipality of Braga/Portugal enrolled in the Commercial Registry of Braga, with the registration number (NIPC) 517915235 is an official retailer/distributer of ProSeed Holistic Wellness products. ProSeed Holistic Wellness products are produced by ProSeed Holistics LLC., a company based in Michigan, United States.
In this notice, whenever you see the words 'we', 'us', 'our', ProSeed, 'ProSeed Holistic Wellness’, ‘ProSeed Essential Oil' all refers to Kaptan Lda.
This website “proseedwellness.eu” is owned and operated by Kaptan Lda.
⦁ Preamble
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “ToS”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Please also review our Privacy Policy and Cookie Policy which form a part of these Terms of Service and govern your visit to the Site, so that you may understand our privacy practices.
Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes.
⦁ Online Store Definitions
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
⦁ General Definitions
“Seller” means the Site “proseedwellness.eu” which is owned by Kaptan Lda., and is used as a virtual platform for selling.
“User” or “Customer” means anyone who has agreed to these Terms of Service and would like to purchase products.
“Site” means the Kaptan Lda. website and all the services we offer through our website.
“Company” means the Kaptan Lda. or KAPTAN Lda entity, which is a party to these Terms of Service, as specified in Section 1.
“ProSeed Holistic Wellness” or “ProSeed Wellness” or “ProSeed” means the products produced by ProSeed Holistic Wellness, US and Kaptan Lda., is the official retailer/distributer of them.
“Terms of Service” or “ToS” means these general terms and conditions of use and online sales.
“Order” means any Customer’s order for purchase of the respective products.
“EEC” means European Economic Community.
“Courier” means a trader who physically delivers the ordered products to the address the User has provided.
“Brochure/Newsletter” means electronic informational message about products that can be ordered on the Site during a specific period. It can be either posted online or sent to the User’s electronic email address.
⦁ General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
⦁ Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Content found on this site is for informational and educational purposes only. It is not intended to provide medical advice or to take the place of such advice or treatment from a personal physician. All readers/viewers of this content are advised to consult their doctors or qualified health professionals regarding specific health questions. Kaptan Lda. does not take any responsibility for possible health consequences of any person or persons reading or following the information in this educational content. All viewers of this content, especially those taking prescription or over-the-counter medications, should consult their physicians before beginning any nutrition, supplement or lifestyle program.
⦁ Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
The Company reserves the right to make changes to the Site, the ToS and any delivery procedure or other element of the services provided by the Company through this Site.
When an Order is placed, the User shall be subject to the provisions set forth in the ToS in effect at the time the Order is placed.
⦁ Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. The product packaging and labeling can be changed at any time without prior notice.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale is carried out to the limit of the Company's available stocks. The Company cannot be held responsible for stock shortages or for the impossibility of selling a Product that is not in stock.
⦁ Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
⦁ Optional Tools
We may provide you with access to third-party tools over 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 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 services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
⦁ Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 should be directed to the third-party.
⦁ User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
⦁ Registration
Registration to the Site is open to all legal entities or individuals of legal age and enjoying their full personality and legal capacity.
The use of the Site is conditional on the registration of a User. Registration is free.
To proceed with registration, the User must fill in all the mandatory fields; otherwise, registration cannot be completed.
The Users guarantee and declare on their honour that all the information communicated on the Site, in particular at the time of their registration, is exact and in conformity. They agree to update their personal information from the page dedicated to them and available in their account.
Every registered User has a login and a password. These are strictly personal and confidential and must not be communicated to third parties under penalty of deletion of the account of the offending Registered User. Each Registered User is personally responsible for maintaining the confidentiality of his or her login and password. The Company will not be held responsible for any impersonation of a User. If a User suspects fraud at any time, he/she should contact the Company as soon as possible, so that the Company can take the necessary measures and regularize the situation.
Each User, whether a legal entity or an individual, can only have one account on the Site.
In the event of non-compliance with the ToS, including the creation of multiple accounts for a single person or the provision of false information, the Company has the right to proceed with the temporary or permanent deletion of all accounts created by the offending User.
The deletion of the account results in the permanent loss of all benefits and services acquired on the Site. However, any Orders made and invoiced by the Site prior to account deletion will be fulfilled under normal conditions.
In the event of deletion of an account by the Company for failure to comply with the duties and obligations set forth in the ToS, the offending User is expressly prohibited from re-registering on the Site directly, through another email address or through an intermediary without the express permission of the Company.
⦁ Prices
When a registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, excluding shipping costs and including the applicable discounts in effect on the day of the Order. The price indicated does not include shipping costs, which will be detailed, if necessary, in the summary before making the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quotation setting out the price calculation method.
Prices include the value added tax (VAT) applicable on the date of the Order. Any change in the applicable VAT rate will automatically be reflected in the price of products sold by Kaptan Lda. on its Site. If your order has been delivered outside the EEC, please note that VAT has not been charged.
In no way may a User demand the application of discounts that are no longer in effect on the day of the Order.
Please note that it is the customer’s responsibility to pay any import duties that may be applicable for deliveries within their own countries.
⦁ Terms of payment
Online payment will be provided in a secure environment.
Fraudulent use of credit cards will be reported to the relevant authorities.
If the issuer of your payment card refuses to pay or does not for any reason authorise the payment to us, we will not be liable for any delay or non-delivery of the products.
Please refer to the Payment Policy.
⦁ Delivery
The Products are delivered exclusively in the following geographical areas:
The Company guarantees to provide all material and human efforts to deliver the Products as soon as possible. These may vary depending on the Customer's geographical area, the delivery method chosen, or the Product ordered. Please refer to the Shipping section.
If the 30-day delivery deadline is exceeded, except in cases of force majeure, the Client may request the cancellation of the contract by registered letter with acknowledgement of receipt, after having enjoined the Company, in the same manner, to make the delivery within a reasonable additional period, and if the Company has not complied.
In this case, the Customer will be refunded within 30 days if a payment has already been made.
In the absence of delivery due to an error in the address provided by the Customer, the Company will contact the Customer as soon as possible to obtain a new delivery address and any additional delivery costs will be charged to the Customer.
In addition, the Company cannot be held responsible for reasons related to exceeding delivery times:
⦁ in periods of intense demand, such as the holiday season,
⦁ for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible and independent event of its will,
⦁ for facts attributable exclusively to the carrier in charge of the delivery.
⦁ Delivery is made, depending on the Customer's choice and according to the prices indicated on the Site:
⦁ to the address indicated by the Customer at the time of the Order by simple postal service.
⦁ at one of our partner locations as indicated on the Site. A valid identification document will be required to collect the Products. Otherwise, the Products ordered will not be delivered to the Customer.
Please refer to the Shipment and Delivery Policy.
⦁ Brochure/Newsletter and announcements
When the users register an account in our system, could agree to receive to their email address the following:
⦁ Brochures, newsletters or other notifications from Kaptan Lda.,
⦁ Order-related information.
Every user can unsubscribe from our newsletter and notifications by sending an email to Kaptan Lda. with an official request.
⦁ Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. For more details, please review our Privacy Policy.
⦁ Intellectual property
The brand, the logo, and the graphic charter of the present Site are registered trademarks with the INPI and works of the mind protected under copyright law, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal proceedings.
⦁ Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
⦁ Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on 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 any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
⦁ Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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.
In no case shall Kaptan Lda., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
⦁ Indemnification
You agree to indemnify, defend and hold harmless Kaptan Lda. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
⦁ 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
⦁ Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
⦁ Exchange or Return
To exchange an item, the customer can contact our customer service department using the email address provided in the “Contact us” tab (support@proseedwellness.eu). Shipping costs are the responsibility of the customer (the product travels at their own risk).
The exchange or return of an article must respect the following conditions:
⦁ Not having exceeded 14 days after purchase;
⦁ Presentation of the invoice or purchase receipt;
⦁ The item must not have been used and must be returned in the same conditions in which it was purchased, that is, with the original packaging intact, accompanied by the respective accessories, manuals and offers;
⦁ Refunds are always made using the same payment method used for the purchase.
We do not exchange used or unsealed products, hygiene items, personalized items or items that are in poor condition.
In the event of a defect or non-conformity of a product, the exchange may be subject to prior evaluation and analysis by the brand's official technical assistance.
When returning products, please include your order number, full name and reason for return.
Please wrap your product in its original packaging and securely to avoid damage in transit back to us. Please note we cannot accept an item for a refund if it has been damaged in transit to us. We advise you to obtain proof of posting certificate if using the Post Office.
Please return your parcel to:
Kaptan Lda.,
Roa do Fontão, Nº 63
4710-087
Gualtar, Braga/Portugal
In any event, damaged or used items will not be exchanged nor will a refund be made.
If returning items in an order where the initial order qualified for a free gift the free gift must be returned in an unused condition too. Any items returned without the qualifying free gift will not be refunded.
⦁ Entire Agreement
The failure of us to exercise or enforce any right or provision of these ToS shall not constitute a waiver of such right or provision.
These ToS 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 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 ToS).
Any ambiguities in the interpretation of these ToS shall not be construed against the drafting party.
⦁ Governing Law and Disputes
These ToS and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Portugal. Any dispute that may arise between the Company and a User during the execution of the present terms and conditions will be subject to an attempt at amicable resolution. Failing that, the disputes will be brought to the attention of the competent courts under common law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Alternative consumer dispute resolution (ADR) Law No. 1 44/2015 of 8 September.
In the event of a consumer dispute, the consumer may resort to the European Online Dispute Resolution Platform available at http://ec.europa.eu/consumer/odr or to the following alternative consumer dispute resolution entities:
For more information, visit the Consumer Portal at www.consumidor.pt
⦁ Changes to Terms of Service
You can review the most current version of the ToS at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these ToS by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these ToS constitutes acceptance of those changes.
⦁ Acceptance of the ToS
The Customer or the User expressly accepts the ToS.
The Customer declares that he/she is aware of them and waives the right to invoke any other document, in particular his/her own general terms of purchase.
The Consumer acknowledges that he/she has been informed of the information and details provided for in all Articles in ToS, and in particular;
⦁ the essential characteristics of the Product;
⦁ the price of the Products;
⦁ the date or the deadline by which the Company undertakes to provide the Service;
⦁ information relating to the identity of the Company (postal, telephone and electronic contact details)
⦁ information relating to legal and contractual guarantees and their implementation methods;
⦁ the possibility of resorting to conventional mediation in the event of a dispute;
⦁ information relating to the right of withdrawal (time limit, methods of exercise).
⦁ Responsibility
The Company can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and although it uses all its means to ensure the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, by voluntary action, to make the Website unavailable in order to perform any updating, improvement or maintenance operation.
As previously mentioned herein, the Company shall not be liable for any delays in delivery due to reasons beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.
⦁ Contact Information
Every customer can get in touch with Kaptan Lda. to make suggestions, receive information or open up questions.
Questions about the ToS should be sent to us at support@proseedwellness.eu.