TERMS OF SERVICE
This website is operated by Casa Caracol Store. Throughout the site, the terms "we", "us" and "our" refer to Casa Caracol Store. Casa Caracol Store offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
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"), 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 content contributors.
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 of 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.
Any new features or tools added to the current store will also be subject to the Terms of Service. You may review the most recent 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 on 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.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1: ONLINE STORE TERMS
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, or that you are the age of majority in your state or province of residence and 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. Failure to comply with or breach of any of the Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding 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 across 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 from us.
The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We shall not be liable if the information 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 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 is not necessarily current and is provided for your reference only. We reserve the right to modify the content 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.
SECTION 4 - SERVICE AND PRICE CHANGES
The prices of our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Our products or services are available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer display of any color will be accurate.
We reserve the right, but are not obligated, to limit 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 we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. 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 warrant 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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNTING 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, on the same credit card, and/or orders using the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail address and/or billing address/phone number provided at the time you placed the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, accurate, and complete purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.
For more details, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we do not control or have any control or input.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or related to your use of optional third party tools.
Any use you make 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 the tools are provided by the relevant third party provider(s).
We may also, in the future, offer new services and/or features through the site (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available through 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 damages or injury related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third party websites. Please carefully review the policies and practices of third parties and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to third parties.
SECTION 9 - USER FEEDBACK, COMMENTS AND OTHER SUBMISSIONS OF INFORMATION
If, at our request, you make specific submissions of information (e.g., contest entries) or, without our request, submit creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (commonly referred to as "feedback"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any feedback you submit to us. We are not and shall not be obligated to: 1) keep any comments secret; 2) pay compensation for any comments; or 3) respond to any comments.
We may, but are under no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be legal, offensive, threatening, libelous, defamatory, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that may 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 any third party 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.
SECTION 10- PERSONAL INFORMATION
SECTION 11 - 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 on the Service or any related website is inaccurate at any time without notice (including after you have submitted your order).
We undertake no obligation to update, modify or clarify information on the Service or any related website, including, but not limited to, pricing information, except as required by law. An update or refresh date applied on the Service or any related website should not be taken to indicate that all information on the Service or any related website has been changed or updated.
SECTION 12 - PROHIBITED USES
In addition to the other prohibitions 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 act; (c) to violate any international, federal, provincial or state local regulation, rule, law or ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; e) to harass, abuse, insult, harm, defame, libel, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; f) to submit false or misleading information; g) to upload or transmit viruses or any other malicious code that will or may be used in any manner that affects the functionality or operation of the Service or any related website, other websites or the Internet; h) to collect or track the personal information of others; i) to send spam, phish, pharm, pretext, spider, crawl, or scrape; j) for any other 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.
SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant, represent or guarantee 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. You expressly agree that your use of or inability to use the service is at your own risk. The service and all products and services delivered to you through the service are provided (unless expressly stated by us) "as is" and "as available" for your use, without any representation, warranty or condition 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 event shall Tienda Casa Caracol, 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 revenues, lost savings, lost data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the services or products purchased through 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 your use of the service or any content ( or product) posted, transmitted or otherwise made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or 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.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Casa Caracol Store 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.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination 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 stop using our site.
If in our judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also 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, we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure 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 site or with 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 ambiguity in the interpretation of these Terms of Service shall not be construed against the party who drafted them.
SECTION 18 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You may 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
In accordance with § 5 TMG
Casa Caracol Store - Anneliese Castro del Rello
VAT identification number: Sales tax identification number according to §27th of the Value Added Tax Act of Germany Ust. ID- DE328838856