Terms of service
Last updated: May 1st, 2025
About Us
Bo Bo Noir, operated by Design By Bessa Lda. (hereinafter referred to as "Bo Bo Noir," "we," or "our"), is a company registered in Portugal under NIPC 510.499.686, with its headquarters located in Braga, Portugal.
We operate the website mobile and desktop https://bobonoir.com (the "Site") and provide the services outlined in these Terms of Service ("Terms").
1. Acceptance of Terms
By accessing or using our Site mobile or desktop, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms, please refrain from using our Site or Services. We reserve the right to modify these Terms at any time, and it is your responsibility to review them periodically. Continued use of the Site after any changes signifies your acceptance of the updated Terms.
2. Access and Use of Our Site
2.1 Access and Restrictions
Access to the Site is provided free of charge and temporarily. Commercial use of the Site or its content is not permitted without explicit authorization of Bo Bo Noir.
The Site must be used solely for lawful purposes. It is strictly prohibited to:
•Use the Site in a fraudulent, unlawful, or harmful manner;
•Introduce viruses, malware, or any other technologically harmful material;
•Breach any applicable local, national, or international laws.
2.2 Site Modifications
We reserve the right to withdraw or modify the Website without notice and may restrict access to all or parts of it. We will not be liable if, for any reason, the Website is unavailable at any time or for any period.
3. Intellectual Property
3.1 Ownership
All intellectual property rights in the Site and its content belong exclusively to Bo Bo Noir.
3.2 Restrictions
Copying, reproducing, distributing, modifying, or commercially exploiting any part of the Site's content without prior authorization is prohibited.
3.3 Legal Consequences
Unauthorized use of protected content may result in legal action, including claims for damages and criminal penalties, as per Portuguese and European law.
4. Purchases and Payments
4.1 Payment Methods
We accept the following payment methods: Credit Card, PayPal, Apple Pay, Google Pay, Shop Pay, Multibanco and MBWay
4.2 Order Confirmation
After placing an order, you will receive an email confirmation. Completion of the transaction is subject to product availability and payment validation.
4.3 Cancellations and Limitations
We reserve the right to cancel or refuse orders, particularly in cases of pricing errors, product unavailability, or suspected fraudulent activities. We may also limit the quantity of items ordered at our sole discretion
4.4 Limitation of Liability
We are not liable for damages or losses arising from:Unauthorized use of the customer's payment methods; Errors in the information provided by the customer during the purchasing process; Failures or issues caused by third-party payment processors or delivery services. Our maximum liability for any claim shall not exceed the total amount paid for the order in question.
4.5 Disputes and Chargebacks
In the event of a dispute or chargeback initiated by the customer, we reserve the right to contest the claim with the relevant financial institution by providing proof of delivery and/or service completion. If the chargeback is deemed invalid, the customer will be responsible for the full amount of the purchase, as well as any administrative or legal fees incurred during the resolution process.
4.6 Defending Against Unwarranted Claims
We reserve the right to defend against any claims, fraud, or malicious activity that may arise. In the event of disputes, we will take the necessary actions to protect our business, including providing documentation for legitimate transactions and blocking fraudulent actors from using our services. If we suspect any fraudulent activity, we may suspend or restrict access to the Site until the issue is resolved.
5. Shipping and Returns
For detailed information on shipping, including delivery times, costs, and methods, please refer to our Shipping Policy and Return and Refund Policy.
Shipping:
Bo Bo Noir offers free worldwide shipping. Orders are typically processed within 24 hours before leaving our warehouse. Delivery takes approximately 1–3 business days within Europe and 2–5 business days for the rest of the world. Shipping times are estimates and may vary depending on your location and the carrier.
Once your order has been shipped, you will receive a tracking confirmation email.
·International orders are shipped via DHL Express.
·Portugal and Spain orders are shipped via national postal services.
Returns:
We offer a 14-day return policy. You have 14 days from the date of receipt to return your item. Returns requested after this period will not be accepted. Return shipping costs are the responsibility of the customer. Returns must be sent via tracking and acknowledgment of receipt.
We do not offer direct exchanges—if you wish to exchange an item, please return it for a refund and place a new order.
Refunds:
Refunds are processed within 10-15 business days after the returned item is inspected.
Any taxes and duties incurred on the return shipment are non-refundable. If the return does not reach our facilities within 30 days, Bo Bo Noir may be charged additional duties and fees — these costs are non-refundable.
A repackaging fee and Bo Bo Noir’s shipping costs will be deducted from the refund.
Return Fees:
(Amounts converted to your local currency at the time of refund):
·Portugal Mainland Spain Mainland: €6
·Portugal Islands: €15
·European Union Countries: €24
·Other European Countries: €40
·Rest of the World: €50
If you do not receive your refund within 15 business days of approval, contact us at orders@bobonoir.com.
6. Privacy and Cookie Policy
6.1 Data Collection and Processing
Bo Bo Noir processes customer personal data in compliance with the General Data Protection Regulation (GDPR). We collect only the essential information required to deliver our services efficiently. For further details on how we handle your data, please refer to our full Privacy Policy, available on our website.
6.2 Cookie Usage
We use cookies to enhance user experience and personalize displayed content. Customers can manage their cookie preferences at any time through the Cookie Settings page.
6.3 Data Sharing
Personal data may be shared with external partners, such as shipping companies or payment platforms, strictly when necessary and always under strict data protection guarantees.
7. Limitation of Liability
7.1 Exclusions
To the fullest extent permitted by law, Bo Bo Noir shall not be liable for:
•Indirect, incidental, or consequential damages arising from the use of the Site;
•Financial losses, data loss, or missed opportunities;
•Issues caused by third parties or factors beyond our control, such as cyberattacks, infrastructure failures, or force majeure events.
7.2 Liability Cap
Bo Bo Noir's total liability for any claim shall be limited to the amount paid for the services or products purchased. This limitation applies to all forms of liability, including breach of contract, tort (including negligence), or any other legal theory.
8. Termination of Access
Bo Bo Noir reserves the right to suspend or terminate access to the Site or specific services under the following circumstances:
Violation of these Terms and Conditions;
Use of the Site for illegal, fraudulent, or unauthorized purposes;
Failure to provide valid payment for orders;
Suspected misuse, abuse, or exploitation of our services or platform.
Any termination or suspension will be at Bo Bo Noir’s sole discretion and may occur without prior notice.
9. Disputes and Governing Law
9.1 Jurisdiction
These Terms and Conditions are governed by and shall be interpreted in accordance with Portuguese law.
9.2 Resolution
Any disputes arising from these Terms shall be exclusively resolved in the OPorto District Court - Portugal, with the express exclusion of any other jurisdiction.
9.3 Pre-Legal Resolution
Before resorting to legal action, we strongly encourage customers to contact us directly to seek an amicable resolution. When appropriate, Bo Bo Noir may also explore alternative dispute resolution methods, such as mediation or arbitration, to facilitate an efficient settlement.
10. General Provisions
10.1 Force Majeure
Bo Bo Noir shall not be held liable for any delays, disruptions, or failures in service delivery due to circumstances beyond our control, including but not limited to natural disasters, pandemics, cyberattacks, governmental actions, or other unforeseen events.
10.2 Updates to Terms
We reserve the right to update or modify these Terms at any time. Any changes will take immediate effect upon publication on our Site. We recommend that customers review this page periodically to stay informed of any updates.
10.3 Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall continue to remain in full force and effect, ensuring the continued application of these Terms.
11. Warranty Policy
Bo Bo Noir offers a 24-month warranty exclusively for manufacturing defects. To activate the warranty, customers must provide the product and a valid proof of purchase.
Products confirmed to have manufacturing defects will be replaced with the same model or an equivalent alternative if unavailable. Warranty claims must be submitted within 24 months from the purchase date.
What the Warranty Covers:
Manufacturing Defects: Issues related to materials, such as frame faults or lens imperfections.
What the Warranty Does Not Cover:
Certain finishing steps in the production of Bo Bo Noir eyewear are handcrafted. Minor irregularities, such as slight imperfections in polishing or minimal looseness in lenses, are a natural outcome of this artisanal process and do not qualify as defects.
Accidental Damage: Breakage, impacts, or exposure to extreme conditions or chemicals.
Wear and Tear: Deterioration from regular use or improper maintenance.
Unauthorized Repairs or Alterations: Modifications not performed by authorized Bo Bo Noir agents.
Loss or Theft: Missing or stolen items are not covered.
Limitations:
This warranty does not affect statutory rights but excludes liability for indirect or consequential damages, such as time loss or loss of use. Events beyond Bo Bo Noir’s control, including natural disasters, are also excluded.
12. Product Care and Maintenance
To ensure the durability and optimal performance of your Bo Bo Noir eyewear, we recommend following these care instructions:
Cleaning:
Clean your glasses using water and mild soap, or a proper cleaning solution suitable for sunglasses—available at any optical store. Avoid using solvents, alcohol, detergents, or other harsh products, as they may damage the lenses or frame. Do not use dirty or abrasive cloths that could affect the lens coatings. For best results, use the original Bo Bo Noir microfiber cloth or a similar alternative.
Heat Exposure:
Do not leave your eyewear in environments with intense heat, such as the dashboard of a car. High temperatures may deform the frame or affect lens integrity.
Storage:
When not in use, always store your eyewear in its original protective case. Keep it in a dry environment, ideally between -10°C and +35°C, to preserve its condition and protect it from accidental damage.
Usage Warnings:
Do not look directly at the sun, solar eclipses, or other strong light sources, even while wearing sunglasses. Avoid using sunglasses while driving in low visibility conditions, such as at night. Bo Bo Noir eyewear is not designed for impact protection. Breakage could result in injuries.
13. Relationship with Other Brands and Third-Party Products
13.1 Third-Party Products and Services
Bo Bo Noir may occasionally offer products, services, or content provided by third parties (e.g., collaborations with other brands or suppliers). The terms and conditions of the respective third party will apply to such offerings. Bo Bo Noir is not responsible for the availability, quality, or accuracy of third-party content, nor does it guarantee any claims or representations made by these third parties.
13.2 Brand Collaborations
In the case of collaborations with other brands, including limited-edition collections, Bo Bo Noir will apply the brand's general policies, including pricing, return policies, and purchase conditions, unless otherwise explicitly stated on the product page.
13.3 Brand Partnerships and Affiliate Links
Bo Bo Noir may work with affiliate partners to promote products that are aligned with the brand’s philosophy. These partnerships are disclosed clearly and will not affect the pricing or the way you access the product on our site. Any commissions or incentives earned through these links help to support the business, without affecting the price you pay.
14. Limitation of Liability for Multiple Brands or Products
14.1 Liability Across Different Brands
If Bo Bo Noir collaborates with or sells products from other brands, the liability for each product may differ. Products from third-party brands are governed by the terms and conditions set by that specific brand. Bo Bo Noir’s responsibility is limited to the direct products it sells and provides, including in instances of defects or issues related to Bo Bo Noir’s own merchandise. For third-party products, Bo Bo Noir will make reasonable efforts to assist with customer support and facilitate resolutions, but we do not assume full responsibility for the quality, warranty, or defects related to those products.
14.2 Warranty for Third-Party Items
Bo Bo Noir will pass on any applicable warranties offered by third-party brands. However, the specifics of these warranties are governed by the third-party providers. For any warranty claims related to third-party products, customers will be directed to the respective manufacturer or authorized service provider. Bo Bo Noir is not responsible for the terms or fulfillment of these warranties.
15. Digital Content and Use of Brand Materials
15.1 Licensing of Brand Content
By accessing Bo Bo Noir’s website, you are granted a limited, non-exclusive, non-transferable license to use our digital content for personal, non-commercial purposes only. All digital content, including images, videos, and marketing materials, is the intellectual property of Bo Bo Noir or its licensors. You may not use this content for commercial purposes, reproduction, or distribution without prior written consent from Bo Bo Noir.
15.2 User-Generated Content
By sharing content related to Bo Bo Noir on public platforms, you grant us a non-exclusive, royalty-free license to use it for marketing, including on our website, social media, and promotional materials.
This applies only to publicly shared content. Private messages or restricted-access content will not be used without explicit consent. No compensation will be provided unless agreed otherwise. To revoke this authorization, contact us.
16. Use of Affiliates and Sponsorships
16.1 Affiliate Programs
Bo Bo Noir may participate in affiliate marketing programs with third-party networks. These programs allow Bo Bo Noir to earn commissions on sales generated through affiliate links provided on the website.
These links are clearly marked, and by using them, you understand that Bo Bo Noir may receive a commission without affecting your purchase price.
Contact and Support
Should you have any questions or require assistance, our team is available at info@bobonoir.com. Bo Bo Noir is committed to ensuring an exceptional experience with every interaction.