Terms of service
Terms of Service
Effective Date: September 8, 2026
Last Updated: September 8, 2026
These Terms of Service (the "Terms") form a legally binding agreement between you and Northaven Company ("Northaven Company", "we", "us" or "our"), operated by RONDINELLI PATRIX SILVA TOLEDO, governing your access to and use of the website northavencompany.com (the "Site") and your purchase of any luxury timepiece, accessory or related product (the "Products") from us.
By visiting the Site, creating an account, or placing an order, you agree to be bound by these Terms and by all policies incorporated into them by reference, including our Privacy Policy, Shipping Policy and Refund & Return Policy. If you do not agree to these Terms, you must not access the Site or purchase from us.
Important Notice — Please Read Carefully
Section 25 contains a binding arbitration provision and a class action waiver. They affect how disputes between you and Northaven Company are resolved and require, subject to limited exceptions, that disputes be resolved on an individual basis rather than in court or through a class, collective or representative action. You have the right to opt out of arbitration within thirty (30) days of first accepting these Terms, as described in Section 25.7.
Table of Contents
- Acceptance of These Terms
- Who We Are
- Eligibility
- Changes to These Terms and to the Site
- Customer Accounts
- Products, Descriptions, Authenticity and Availability
- Pricing, Currency and Errors
- Orders, Order Acceptance and Cancellation
- Payment Terms and Fraud Screening
- Shipping, Delivery, Title and Risk of Loss
- Customs, Import Duties and Taxes
- Returns, Refunds, Exchanges and Cancellation Rights
- Limited Warranty
- Accuracy of Billing and Account Information
- Promotions, Discount Codes and Gift Cards
- User Content, Reviews and Submissions
- Intellectual Property Rights
- Prohibited Uses
- Third-Party Tools, Links and Services
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Termination and Suspension
- Governing Law and Consumer Rights
- Dispute Resolution, Binding Arbitration and Class Action Waiver
- Force Majeure
- Electronic Communications and Consent
- Export Controls and Sanctions Compliance
- Privacy
- Accessibility
- General Provisions
- Contact Information
1. Acceptance of These Terms
By browsing the Site, registering an account, subscribing to our communications, or completing a purchase, you acknowledge that you have read, understood and agree to be bound by these Terms, whether or not you have registered with us. These Terms apply to all users of the Site, including browsers, customers, merchants and contributors of content.
Any new features, tools, collections or Products added to the Site are also subject to these Terms. You may review the most current version of the Terms at any time on this page.
Our Site is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our Products to you. Your use of the Site is additionally subject to the technical and acceptable-use requirements of that platform.
2. Who We Are
Trading name: Northaven Company
Legal entity: RONDINELLI PATRIX SILVA TOLEDO
Registered address: 11 Fernando Maurício Street, Lisbon, Lisbon 1950-447, Portugal
Website: northavencompany.com
Customer service e-mail: help@northavencompany.com
We are an online retailer only. We do not operate physical retail locations, and all sales are concluded remotely through the Site.
3. Eligibility
To place an order you represent and warrant that you:
- are at least eighteen (18) years of age, or the age of majority in your state, province or country of residence, and are legally capable of entering into a binding contract;
- are purchasing for your own personal, non-commercial use, or are duly authorised to purchase on behalf of an entity;
- are using a valid payment method that you are authorised to use;
- will provide accurate, current and complete information in connection with your order; and
- will not use our Products or the Site for any unlawful or unauthorised purpose.
Minors may not use the Site or purchase Products. We reserve the right to request proof of age and to refuse or cancel any order where we reasonably believe the purchaser is not eligible.
4. Changes to These Terms and to the Site
We reserve the right to update, change or replace any part of these Terms by posting a revised version on this page, with an updated "Last Updated" date. Changes take effect immediately upon posting unless we state otherwise. It is your responsibility to review this page periodically.
Your continued use of the Site after any change constitutes acceptance of the revised Terms. Changes will not apply retroactively to orders already accepted by us; each order is governed by the version of these Terms in force at the time the order was placed.
We may also modify, suspend or discontinue any part of the Site, including any Product or collection, at any time and without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
5. Customer Accounts
You may browse and purchase as a guest, or create a customer account. If you create an account, you are responsible for:
- maintaining the confidentiality of your account credentials;
- all activity that occurs under your account, whether or not authorised by you;
- keeping your contact, billing and shipping details accurate and up to date; and
- notifying us immediately at help@northavencompany.com of any unauthorised use or suspected breach of security.
We are not liable for any loss or damage arising from your failure to safeguard your credentials. We may suspend or terminate an account at our discretion, as described in Section 23.
6. Products, Descriptions, Authenticity and Availability
6.1 Product descriptions and imagery
We make every reasonable effort to describe and photograph our Products accurately, including case dimensions, movement type, materials, water-resistance rating and strap specifications. However, we do not warrant that Product descriptions, images, dimensions, colours or other content on the Site are complete, reliable, current or error-free.
Colours and finishes may appear differently depending on your monitor, screen calibration and lighting conditions. Minor variations in grain, patina, tone or hand-finishing are inherent characteristics of fine watchmaking and leatherwork and are not defects.
6.2 Authenticity
We warrant that all Products sold by us are genuine and are supplied as described on the Product page. We do not sell counterfeit, replica or knowingly misrepresented goods.
Any brand names, trade marks or model designations used on the Site are used solely to identify and describe the Products offered. Their use does not imply any affiliation with, sponsorship by, or endorsement from the respective trade mark owners, unless expressly stated. Where a Product is not supplied through an authorised dealer network, the manufacturer's own warranty may not apply; in such cases our Limited Warranty in Section 13 applies instead.
6.3 Water resistance
Any water-resistance rating stated for a Product reflects the manufacturer's laboratory testing at the time of production under static conditions. Water resistance is not a permanent characteristic: it may be reduced by ageing of gaskets, impact, temperature change, chemical exposure or operation of the crown or pushers while wet. Water damage is expressly excluded from the Limited Warranty in Section 13.
6.4 Availability and limits
All Products are offered subject to availability. Certain Products may be available exclusively online and in limited quantities. We reserve the right, without liability, to:
- limit the quantity of any Product that may be purchased per person, per household or per order;
- limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors;
- discontinue any Product or collection at any time; and
- restrict sales to any person, geographic region or jurisdiction.
7. Pricing, Currency and Errors
All prices are displayed on the Product page and at checkout in United States Dollars (USD) unless another currency is expressly selected or displayed. Prices are exclusive of shipping charges, taxes, customs duties and import fees, which are calculated and shown separately at checkout or as described in Section 11.
Prices are subject to change at any time without notice. A change in price does not affect orders we have already accepted.
Pricing and typographical errors. Despite our best efforts, a Product on the Site may occasionally be mispriced or described inaccurately. If a Product's correct price is higher than the price shown, or the listing contains a manifest error, we may, at our discretion and before dispatch, either contact you for instructions before shipping or cancel the order and notify you. We are not obliged to sell a Product at an incorrect price, even after an order confirmation has been sent. If your order is cancelled for this reason and payment has already been taken, we will issue a full refund to your original payment method.
If you are paying in a currency other than the currency in which the transaction is settled, your bank or card issuer may apply its own exchange rate and foreign-transaction fees. We have no control over, and are not responsible for, those charges.
8. Orders, Order Acceptance and Cancellation
Your submission of an order at checkout constitutes an offer to purchase, not a binding contract. The automated order-confirmation e-mail you receive acknowledges receipt of your order; it does not constitute acceptance.
A binding contract of sale is formed only when we dispatch the Product and send you a shipping confirmation. If your order contains multiple items, a contract is formed separately in respect of each item as it is dispatched.
We reserve the right to refuse, limit or cancel any order, in whole or in part, at any time before dispatch. Reasons may include, without limitation:
- the Product is out of stock or no longer available;
- a pricing, description or availability error;
- the order is flagged as high risk by our fraud-prevention systems;
- payment authorisation is declined or cannot be verified;
- the billing and shipping information cannot be verified or is inconsistent;
- we are unable to ship to the delivery address, or the address is incomplete;
- the order appears to be placed for resale or in breach of a quantity limit; or
- shipping to the destination would breach applicable law, export controls or sanctions.
Where we cancel an order, we will notify you at the e-mail address provided and refund any amount charged in full. We may attempt to contact you at the e-mail address, billing address or telephone number provided.
Customer-initiated cancellation. You may request cancellation of an order at any time before it is dispatched by e-mailing help@northavencompany.com with your order number. We will use reasonable efforts to accommodate the request, but we cannot guarantee cancellation once an order has entered fulfillment. If the order has already shipped, the returns process in Section 12 applies.
9. Payment Terms and Fraud Screening
Payment is due in full at the time you place your order. We accept the payment methods displayed at checkout, which may include major credit and debit cards, Shop Pay, PayPal, Apple Pay and Google Pay. Availability of payment methods varies by country and may change.
By submitting payment information, you represent and warrant that you are authorised to use the payment method and that the information you provide is true, correct and complete. You authorise us and our payment processors to charge the full order amount, including shipping and applicable taxes, to your chosen payment method.
We do not receive or store your full payment card number, expiry date or security code. Payments are processed by PCI DSS compliant third-party payment providers, as described in our Privacy Policy.
Fraud screening. Because luxury timepieces are a frequent target of payment fraud, all orders are subject to automated and, where necessary, manual review. We may delay dispatch while we verify an order, and we may contact you to request confirmation of identity or authorisation. Orders that cannot be verified may be cancelled and refunded. This screening protects both you and us against unauthorised use of payment credentials.
Chargebacks. If you believe a charge is incorrect, please contact us at help@northavencompany.com before initiating a chargeback so that we may resolve the matter directly. Filing a chargeback for an order that was delivered as described, or where a return has not been completed in accordance with Section 12, may be treated as a breach of these Terms, and we reserve the right to dispute it and to recover our reasonable costs.
10. Shipping, Delivery, Title and Risk of Loss
10.1 Delivery times
Our estimated delivery time is 8 to 30 business days from the date the order is processed. Business days exclude Saturdays, Sundays and public holidays in the country of dispatch and in the destination country.
Orders are typically processed within one to three (1–3) business days of payment confirmation. Processing time is in addition to transit time. Delivery estimates are provided in good faith but are estimates only and are not guaranteed. Delivery may be affected by customs clearance, carrier delays, weather, peak seasons, incorrect addresses or events beyond our control.
10.2 Tracking and delivery address
Once your order is dispatched, we will send you a shipping confirmation with tracking details, where tracking is available. You are responsible for providing a complete, accurate and secure delivery address. We are not responsible for orders delivered to an incorrect address supplied by you, and re-shipment in such cases may incur additional charges.
Some carriers require a signature on delivery for high-value items. If delivery cannot be completed and the parcel is returned to us, we will contact you to arrange redelivery at your cost or issue a refund less shipping and any return charges incurred.
10.3 Title and risk of loss
Title to and risk of loss for Products pass to you upon delivery of the Products to the carrier for shipment to you, unless a mandatory consumer-protection law in your jurisdiction provides otherwise. Where you are a consumer resident in a jurisdiction whose law provides that risk passes only on physical delivery to you, that provision prevails.
Lost, stolen or damaged shipments. If your parcel is confirmed lost in transit or arrives damaged, notify us at help@northavencompany.com within seven (7) days of the delivery date or the last tracking update. We will open a claim with the carrier and, where the claim is substantiated, arrange a replacement or a full refund. Please retain all packaging and provide photographs of any damage.
11. Customs, Import Duties and Taxes
Orders shipped across an international border may be subject to import duties, customs charges, brokerage fees and destination taxes levied by the destination country. These are determined by the customs authority of the destination country and are not included in the Product price or shipping charge unless expressly stated at checkout as "duties included" or "delivered duty paid".
Unless stated otherwise at checkout, you are the importer of record and are responsible for paying all such charges and for complying with all laws and regulations of the destination country. We have no control over these charges and cannot predict their amount.
If you refuse to pay applicable duties and the parcel is returned or destroyed by customs, we may refund the Product price less the shipping cost, return-freight charges and any non-recoverable duties or fees incurred.
We are required to declare the accurate description and value of goods on all customs documentation. We cannot mark orders as "gift", declare a reduced value, or otherwise misdeclare shipments, and we will decline any request to do so.
12. Returns, Refunds, Exchanges and Cancellation Rights
This Section summarises our returns terms. Our Refund & Return Policy, where published separately on the Site, forms part of these Terms and contains the full procedure. In the event of a conflict, the separately published Refund & Return Policy prevails.
12.1 Return window
You may request a return within thirty (30) calendar days of the delivery date. To be eligible, the Product must be:
- unworn, unused and in the same condition in which you received it;
- free from scratches, sizing alterations, resizing of bracelets, or any modification;
- accompanied by all original packaging, protective films, tags, manuals, warranty documentation and accessories; and
- accompanied by proof of purchase.
12.2 How to return
Do not send a Product back without first contacting us. E-mail help@northavencompany.com with your order number and reason for return to obtain a Return Authorisation and the correct return address. Returns sent without authorisation may be refused or may not be refundable.
12.3 Return shipping costs
Where the return is due to a defect, damage in transit, or an incorrect item being sent, we bear the return shipping cost. Where the return is for any other reason — including change of mind, fit or preference — you are responsible for return shipping, and we recommend using a tracked and insured service. Original shipping charges are non-refundable except where the Product was defective or incorrectly supplied.
12.4 Refunds
Once your return is received and inspected, we will notify you of the outcome. Approved refunds are issued to the original payment method within five to ten (5–10) business days of approval. The time it takes for the refund to appear on your statement depends on your bank or card issuer and is outside our control.
We reserve the right to refuse a refund, or to apply a reasonable deduction reflecting any diminished value, where a Product is returned worn, damaged, altered, incomplete or outside the return window.
12.5 Non-returnable items
Unless defective, the following are not eligible for return: gift cards; personalised, engraved or custom-configured Products; items marked "final sale" or "clearance"; and Products returned without their original packaging or documentation.
12.6 Statutory cancellation rights
Nothing in this Section limits any mandatory statutory right you may have. Consumers resident in the European Union, the European Economic Area or the United Kingdom have a statutory right to withdraw from a distance contract within fourteen (14) days of receiving the goods, without giving a reason. Our thirty-day policy is offered in addition to, and does not replace, that right.
13. Limited Warranty
We warrant that Products purchased from us will be free from defects in materials and workmanship, under normal use and proper care, for a period of twelve (12) months from the date of delivery (the "Warranty Period").
13.1 What the warranty covers
During the Warranty Period, if a Product proves defective in materials or workmanship, we will, at our sole option and as your exclusive remedy: (a) repair the Product; (b) replace it with the same or a comparable Product; or (c) refund the purchase price paid.
13.2 What the warranty does not cover
The Limited Warranty does not cover:
- normal wear and tear, including scratches to the case, crystal, bracelet or clasp;
- batteries, straps, bracelets, crystals and other consumable or wear components;
- damage caused by accident, impact, misuse, abuse, neglect or improper storage;
- water damage, including where a stated water-resistance rating is exceeded or where the crown or pushers were operated while the watch was wet (see Section 6.3);
- damage caused by exposure to magnetism, extreme temperatures, solvents, cosmetics or corrosive substances;
- servicing, repair, opening, modification or battery replacement carried out by anyone other than us or a technician authorised by us;
- theft, loss or cosmetic deterioration that does not affect function; and
- Products purchased from any source other than Northaven Company.
13.3 Making a warranty claim
To make a claim, e-mail help@northavencompany.com with your order number, a description of the fault and clear photographs or video. We may request that the Product be returned for inspection. If the fault is confirmed as covered, we bear the reasonable cost of shipping the Product to us and back to you. If the fault is not covered, we will inform you and may offer a paid repair.
13.4 Relationship to statutory rights
This Limited Warranty gives you specific legal rights. You may also have other rights that vary from state to state and from country to country. Nothing in this Limited Warranty excludes, restricts or modifies any statutory guarantee, warranty or right that cannot lawfully be excluded, including implied warranties under United States state law and consumer conformity rights under European Union and Portuguese law.
14. Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site, and to promptly update your account, e-mail address, payment card numbers and expiration dates so that we can complete your transactions and contact you as needed.
We reserve the right to correct any errors or omissions in the information you supply where necessary to complete your order, and to change or update information at any time without prior notice where required to correct an obvious error.
15. Promotions, Discount Codes and Gift Cards
Promotional offers, discount codes and gift cards are subject to the specific terms stated at the time of issue and to the following general conditions:
- codes are valid for a limited time, are non-transferable, and have no cash value;
- unless stated otherwise, only one code may be used per order and codes may not be combined;
- codes may exclude certain collections, sale items or limited editions;
- if a discounted order is partially returned, the refund will reflect the discounted price actually paid; and
- we may cancel, suspend or modify a promotion at any time, and may void codes obtained through unauthorised distribution, resale, automation or abuse.
Gift cards are non-refundable and cannot be redeemed for cash except where required by applicable law.
16. User Content, Reviews and Submissions
You may submit product reviews, photographs, comments, feedback, suggestions or other materials ("User Content"), whether at our invitation or unsolicited.
By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute and display that content in any media, including for marketing purposes, without compensation to you and without obligation of confidentiality.
You represent and warrant that your User Content is your own original work, does not infringe any third-party right, and is not unlawful, defamatory, obscene, misleading, abusive, hateful or otherwise objectionable. You agree not to submit false reviews, impersonate any person, or post content on behalf of a competitor.
We are under no obligation to publish, monitor or maintain any User Content, and we may edit, remove or refuse to publish any submission at our sole discretion. We do not, however, edit or suppress genuine customer reviews solely because they are unfavourable.
17. Intellectual Property Rights
The Site and all of its content — including text, editorial copy, Product photography, graphics, logos, page layouts, design elements, icons, compilations and software — are the property of Northaven Company or its licensors and are protected by copyright, trade mark, trade dress and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Site for your personal, non-commercial purposes. You may not:
- copy, reproduce, republish, distribute, sell, licence or exploit any part of the Site or its content;
- use our Product photography or editorial copy on marketplaces, social media advertisements or competing stores;
- use our name, logo or trade marks without our prior written consent;
- use any data-mining, scraping, robot or similar data-gathering tool on the Site; or
- reverse engineer or attempt to derive the source code of any software on the Site.
Third-party brand names and trade marks appearing on the Site remain the property of their respective owners and are used as described in Section 6.2.
Copyright complaints. If you believe content on the Site infringes your copyright, please send a notice to help@northavencompany.com identifying the work, the location of the allegedly infringing material, your contact details, and a statement of good-faith belief and accuracy. We will investigate and remove infringing material where appropriate.
18. Prohibited Uses
In addition to the other prohibitions in these Terms, you are prohibited from using the Site or its content:
- for any unlawful purpose, or to solicit others to perform any unlawful act;
- to violate any international, federal, state, provincial or local law, regulation, rule or ordinance;
- to infringe or violate our intellectual property rights or those of any third party;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any person on any protected ground;
- to submit false or misleading information, or to impersonate any person or entity;
- to upload or transmit viruses, malware or any other code that will or may affect the functionality or operation of the Site or any related website;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl or scrape;
- to interfere with or circumvent the security features of the Site or any related website;
- to place fraudulent orders, use stolen payment credentials, or abuse promotional offers or the returns process; or
- for any obscene or immoral purpose.
We reserve the right to terminate your use of the Site for breaching any of these prohibitions.
19. Third-Party Tools, Links and Services
We may provide access to third-party tools and integrations over which we have no control and in respect of which we have no input. You acknowledge that such tools are provided "as is" and "as available", without any warranties, representations or conditions of any kind, and without any endorsement. Any use you make of them is entirely at your own risk, and you should review the third party's own terms and privacy policy.
The Site may contain links to third-party websites, including social media, carrier tracking pages, payment providers and review platforms. We are not responsible for their content, accuracy, legality, or the goods and services they offer. Complaints, claims or questions regarding third-party products should be directed to that third party.
20. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
This disclaimer does not affect the Limited Warranty in Section 13, and nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded. Some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NORTHAVEN COMPANY, ITS OWNER, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF GOODWILL OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SITE OR ANY PRODUCT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR ANY PRODUCT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100).
These limitations apply to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. Where such a jurisdiction applies, our liability is limited to the minimum extent permitted by that law.
22. Indemnification
You agree to indemnify, defend and hold harmless Northaven Company, its owner, affiliates, officers, employees, agents, suppliers and service providers from and against any claim, demand, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or related to your breach of these Terms or of any law or regulation, your infringement of any third-party right, your User Content, or your fraudulent or unlawful use of the Site.
23. Termination and Suspension
These Terms remain in effect unless and until terminated by either you or us. You may terminate them at any time by ceasing to use the Site and, where applicable, closing your account.
We may terminate or suspend your access to the Site and cancel your account, without notice and at our sole discretion, if we reasonably believe that you have failed to comply with any provision of these Terms, or where required to protect our legitimate interests, our other customers or the security of the Site.
The obligations and liabilities incurred by you prior to termination survive it for all purposes. Sections 16, 17, 20, 21, 22, 24, 25 and 31 survive termination.
24. Governing Law and Consumer Rights
These Terms, and any separate agreements by which we provide you Products, are governed by and construed in accordance with the laws of Portugal, without regard to its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to Section 25, the courts of Lisbon, Portugal have exclusive jurisdiction over any dispute arising out of or relating to these Terms.
Mandatory consumer protections are preserved. If you are a consumer, this choice of law does not deprive you of the protection afforded to you by provisions that cannot be derogated from under the law of your country or state of habitual residence. United States consumers retain the benefit of applicable federal and state consumer-protection statutes, and consumers in the European Union and United Kingdom retain their mandatory statutory rights, including those relating to conformity of goods and withdrawal from distance contracts.
Online dispute resolution (EU consumers). Consumers resident in the European Union may also access the European Commission's Online Dispute Resolution platform and, in Portugal, the relevant alternative dispute resolution entity for consumer disputes, in accordance with Portuguese Law no. 144/2015.
25. Dispute Resolution, Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT APPLIES TO CUSTOMERS RESIDENT IN THE UNITED STATES.
25.1 Informal resolution first
Before commencing any formal proceeding, you agree to first contact us at help@northavencompany.com with a written description of the dispute, your order number and the relief you seek. We will attempt in good faith to resolve the matter. If the dispute is not resolved within sixty (60) days of that notice, either party may proceed under this Section. This informal process is a condition precedent to arbitration.
25.2 Agreement to arbitrate
If the dispute is not resolved informally, you and Northaven Company agree that any dispute, claim or controversy arising out of or relating to these Terms, the Site, or any Product — whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory — shall be resolved by final and binding individual arbitration, rather than in court.
The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, as modified by this Section. The AAA's rules and filing forms are available at adr.org. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
25.3 Class action and jury trial waiver
YOU AND NORTHAVEN COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. Claims may be brought only in an individual capacity, and the arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim — and only that claim — shall be severed and proceed in court, while all remaining claims proceed in arbitration.
25.4 Location, costs and procedure
Arbitration will be conducted in the English language. Unless the parties agree otherwise, any in-person hearing will take place in the United States county or district of your residence, and claims under USD 25,000 may be resolved through documents-only or telephonic proceedings. Payment of filing, administration and arbitrator fees is governed by the AAA Consumer Arbitration Rules, and we will pay any portion of those fees that the rules allocate to us. The arbitrator may award any relief that a court could award to you individually.
25.5 Exceptions
This arbitration agreement does not apply to: (a) claims that may be brought in a small claims court, provided the claim remains on an individual basis; (b) claims for injunctive or equitable relief relating to intellectual property, unauthorised access, or misuse of the Site; or (c) any claim that applicable law does not permit to be arbitrated. Nothing in this Section prevents you from reporting a matter to a government agency or regulator.
25.6 Time limit
To the fullest extent permitted by law, any claim arising out of or relating to these Terms or a Product must be filed within one (1) year after the claim arose, or it is permanently barred. Where applicable law prohibits shortening the limitation period, the statutory period applies.
25.7 Your right to opt out of arbitration
You may opt out of this arbitration agreement and the class action waiver by sending written notice to help@northavencompany.com with the subject line "Arbitration Opt-Out" within thirty (30) days of your first acceptance of these Terms. Your notice must include your full name, the e-mail address associated with your order, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms, and we will not retaliate against you or treat your orders differently for doing so.
25.8 Consumers outside the United States
This Section 25 does not apply to consumers resident in the European Union, the European Economic Area or the United Kingdom, whose disputes are governed by Section 24 and by the mandatory consumer-protection and jurisdiction rules of their country of residence.
26. Force Majeure
We will not be liable for any delay or failure to perform our obligations where the delay or failure results from causes beyond our reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, strikes or labour disputes, governmental action, embargoes, customs delays, carrier failures, supply-chain disruption, power or telecommunications failure, cyber-attack, or failure of the e-commerce platform on which the Site operates.
Where such an event materially delays your order, we will inform you and you may choose to await fulfillment or to cancel the order for a full refund.
27. Electronic Communications and Consent
By using the Site or placing an order, you consent to receive communications from us electronically, including by e-mail and through notices posted on the Site. You agree that all agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirement that such communications be in writing, in accordance with the United States Electronic Signatures in Global and National Commerce Act (E-SIGN) and comparable legislation.
You may withdraw this consent by contacting help@northavencompany.com, but doing so may prevent us from processing your orders. Marketing communications are separate and are governed by our Privacy Policy; you may unsubscribe from them at any time without affecting your ability to purchase.
28. Export Controls and Sanctions Compliance
You represent that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive trade sanctions, and that you are not listed on any restricted-party list maintained by the United States, the European Union, the United Kingdom or the United Nations.
We reserve the right to cancel and refund any order that we reasonably believe would breach applicable export control, sanctions, anti-money-laundering or customs legislation.
29. Privacy
Your submission of personal information through the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference and explains what personal information we collect, how we use and disclose it, and the rights available to you under United States state privacy laws and the GDPR. Please review it before using the Site.
30. Accessibility
We are committed to making the Site usable by as many people as possible, including individuals with disabilities. If you encounter a barrier to accessing any part of the Site, or need these Terms provided in an alternative format, please contact help@northavencompany.com and we will work with you to provide the information or complete the transaction by another reasonable means, free of charge.
31. General Provisions
31.1 Entire agreement. These Terms, together with the Privacy Policy, Shipping Policy, Refund & Return Policy and any other policies posted on the Site, constitute the entire agreement between you and us and supersede any prior agreements, communications or proposals, whether oral or written. Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.
31.2 Severability. If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed without affecting the validity and enforceability of the remaining provisions.
31.3 No waiver. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. A waiver is effective only if given in writing.
31.4 Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition or sale of assets.
31.5 No third-party beneficiaries. These Terms do not create any rights enforceable by any person who is not a party to them, except that our affiliates and service providers may rely on Sections 20, 21 and 22.
31.6 Headings and language. Section headings are for convenience only and do not limit or otherwise affect these Terms. These Terms are drafted in English; any translation is provided for convenience only, and the English version prevails in the event of a conflict.
31.7 Relationship of the parties. Nothing in these Terms creates any agency, partnership, joint venture or employment relationship between you and us.
32. Contact Information
Questions about these Terms of Service should be sent to us at:
Northaven Company
RONDINELLI PATRIX SILVA TOLEDO
11 Fernando Maurício Street, Lisbon, Lisbon 1950-447, Portugal
E-mail: help@northavencompany.com
Website: northavencompany.com
Customer service hours: Monday to Friday, 9:00 a.m. to 6:00 p.m. (WET/WEST). We reply to all messages within 24 to 48 business hours.
These Terms of Service were prepared for Northaven Company and are effective as of the date shown above. They do not constitute legal advice. We recommend that customers retain a copy for their records.