Terms of Service
GENERAL
**
Welcome to Huellitas! The terms
"we," "us," and "our" refer to
Huellitas. Huellitas operates this store and
website, including all information, content,
features, tools, products, and related services
to provide you, the customer, with a curated shopping experience
(the "Services"). Huellitas uses Shopify technology,
which allows us to offer you the Services.**
**
The following
terms and conditions, along with any policies referenced herein
(these "Terms of Service"
or "Terms") describe your rights and responsibilities when
you use the Services.**
**
Please read these Terms of
Service carefully, as they include important information about your
legal rights and cover areas such as warranty, disclaimer, and
limitation of liability.**
**
By visiting, interacting with, or
using our Services, you agree to be bound by these
Terms of Service and our Privacy Policy [LINK]. If
you do not agree with these Terms of Service or Privacy
Policy, you should not use or access our Services.
**
**
**
**
SECTION 1 - ACCESS AND ACCOUNT**
**
By accepting these
Terms of Service, you represent that you are at least the age of
majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use the Services on the devices you own,
purchase or manage.**
**
To use the Services, including accessing
or browsing our online stores or purchasing any of
**
the products or services we offer, you may be
required to provide certain information, such as
your email address, billing, payment, and shipping information.
You represent and warrant that all information you provide on our store is accurate, up-to-date, and complete, and that you have all necessary rights to
provide this information.**
**
You are solely responsible
for maintaining the security of your account credentials and all
activity on your account. You may not transfer, sell, assign, or
license your account to any other person.**
**
**
**
SECTION 2 -
OUR PRODUCTS**
**
We have made every effort to accurately display
our products and services in our online store.
However, please note that product colors or appearance may differ from what is displayed on your screen due to the type of device you use to access the
store and its settings.**
**
We do not guarantee that the
appearance or quality of any product or service you
purchase will meet your expectations or be the same as it is displayed
or presented in our online stores.**
**
All product descriptions
may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any product we offer to any person, geographical region, or jurisdiction, individually.**
**
**
**
SECTION 3 - ORDERS**
**
When you
place an order, you are making an offer to purchase.
Huellitas reserves the right to accept or reject your
order for any reason, at its sole discretion. Your order will not be accepted until Huellitas confirms its acceptance. We must receive and process your payment before accepting your order. You must review your orders carefully before purchasing, as Huellitas may not be able to manage a cancellation request after an order has been accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting you via the email address, billing address, or phone number you provided at the time the order was placed.
**
**
You may return or exchange your purchase only in accordance with our refund policy [LINK].**
**
You represent and warrant that your purchase is for your personal or household use and not for resale or commercial export.**
**
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**
SECTION
4 - PRICING AND BILLING**
**
Prices, discounts, and promotions are
subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated on the order confirmation sent to you by email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs fees, or import charges.**
**
The prices published in our online stores
may differ from prices offered in physical stores or in online stores or other stores operated by third parties. We may occasionally offer promotions on the Services that may affect pricing strategies and that are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.**
**
You agree to provide
current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transaction and contact you as needed.**
**
You represent and
warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the charges you incur will be accepted by your credit card company, and (iv) you will pay the charges you incur at the published prices, including shipping and handling costs and all applicable taxes, if any.**
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SECTION
5 - SHIPPING AND DELIVERY**
**
We are not responsible for any delay
in shipping and delivery. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by the shipping company, customs procedures, or events beyond our control. Once we transfer products to the shipping company, title and risk of loss transfer to you.**
**
**
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SECTION 6
- INTELLECTUAL PROPERTY**
**
Our Services, including but not limited
to all trademarks, brands, texts, samples, images, graphics, product reviews, videos and audios, and the design, selection, and arrangement thereof, are the property of
Huellitas, its affiliate or licensor, and are protected
by U.S. and foreign patents, copyrights, and other intellectual property laws.**
**
These Terms allow you to
use the Services only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Unless expressly provided herein, nothing in these Terms grants or will be construed as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of Huellitas, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Huellitas.**
**
The
names, logos, product and service names, designs, and slogans of Huellitas are trademarks of
Huellitas or its affiliate or licensor. You must not use
such trademark without the prior written permission of
Huellitas. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.**
**
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SECTION
7 - OPTIONAL TOOLS**
**
You may be provided with
access to customer tools offered by third parties as part of the Services, which we do not monitor or have any control or input over.**
**
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 will 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 under which the tools are provided by the relevant third-party provider(s).**
**
We may also, in the future, offer new
features through the Services (including the launch of new tools and resources). These new features will also be considered part of the Services and will be subject to these Terms of Service.**
**
**
**
SECTION 8 - THIRD-PARTY LINKS**
**
The Services may contain materials and
hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or website that you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.**
**
We will not be liable for any damage or injury related to your access to any third-party website, or your purchase or use of any product, service, resource, or content on any third-party website. Please review the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.**
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SECTION 9 - RELATIONSHIP WITH SHOPIFY**
**
[NOTE
TO ENTREPRENEUR: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]**
**
Huellitas operates with Shopify technology,
which allows us to offer you the Services. However,
any sale or purchase you make in our store is made
directly with Huellitas. By using the Services,
you acknowledge and agree that Shopify is not responsible for any
aspect of the sales between you and Huellitas, including
any injury, damage, or loss resulting from the purchase of
products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase and transaction with Huellitas.**
**
**
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SECTION 10 -
Privacy Policy**
**
All personal information that we
collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be foundhere.
By using the Services, you acknowledge that you have read this Privacy Policy.
**
Because the Services are hosted by
Shopify, Shopify collects and processes personal information about your access and use of the Services to offer and improve our Services. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in a country other than where you reside, in order to provide you with the services. Please review our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal information.**
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SECTION 11 - COMMENTS**
**
If you submit,
upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, "feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such feedback in any media for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill our obligations and exercise our rights in accordance with the Terms of Service.**
**
You also represent and warrant that:
(i) you own or have all necessary rights to all feedback; (ii) you have disclosed any compensation or incentives received in connection with the submission of your feedback; and (iii) your feedback complies with these Terms. We have and will have no obligation (1) to maintain the confidentiality of your feedback; (2) to pay compensation for your feedback; or (3) to respond to your feedback.**
**
We may, but are not obligated to, monitor, edit, or remove feedback that we determine, in our sole discretion, is 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 feedback will not infringe any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right.
usted acepta que su comentario no contendrá comentarios difamatorios
o de otro modo ilegales, abusivos u obscenos, ni contendrá ningún
virus informático u otro malware que pueda afectar de alguna manera
el funcionamiento de los Servicios o cualquier sitio web relacionado.
No puede utilizar una dirección de correo electrónico falsa,
pretender ser otra persona que no sea usted mismo o engañarnos a
nosotros o a terceros en cuanto al origen de cualquier comentario.
Usted es el único responsable de cualquier comentario que realice y
de su precisión. No asumimos ninguna responsabilidad por cualquier
comentario publicado por usted o cualquier tercero.**
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SECCIÓN
12 - ERRORES, INEXACTITUDES Y OMISIONES**
**
Ocasionalmente puede
haber información sobre o en los Servicios que contenga errores
tipográficos, inexactitudes u omisiones que puedan estar
relacionadas con la descripción del producto, estrategias de
precios, promociones, ofertas, cargos de envío del producto, tiempo
de tránsito y disponibilidad. Nos reservamos el derecho de corregir
cualquier error, inexactitud u omisión y de cambiar o actualizar
información o cancelar pedidos si alguna información es inexacta en
cualquier momento sin previo aviso (incluso después de que haya
realizado su pedido).**
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SECCIÓN 13 - USOS PROHIBIDOS
**
**
Usted podrá acceder y utilizar los Servicios únicamente con
fines lícitos. No puede acceder ni usar los Servicios, directa o
indirectamente: (a) para ningún propósito ilegal o malicioso; (b)
para infringir cualquier regulación, norma, ley internacional,
federal, provincial o estatal, u ordenanzas locales; (c) para
infringir o violar nuestros derechos de propiedad intelectual o los
derechos de propiedad intelectual de otros; (d) para acosar, abusar,
insultar, dañar, difamar, calumniar, menospreciar, intimidar o dañar
a cualquiera de nuestros empleados o cualquier otra persona; (e) para
transmitir información falsa o engañosa; (f) para enviar, recibir a
sabiendas, subir, descargar, usar o reutilizar cualquier material que
no cumpla con estos Términos; (g) para transmitir o procurar el
envío de cualquier material publicitario o promocional, incluido
cualquier "correo basura", "carta en cadena",
"correo no deseado" o cualquier otra solicitud similar; (h)
para suplantar o intentar suplantar a cualquier otra persona o
entidad; o (i) participar en cualquier otra conducta que restrinja o
inhiba el uso o disfrute de los Servicios por parte de cualquier
persona, o que, según lo determinemos, pueda dañar al
Huellitas, Shopify o los usuarios de los Servicios, o
exponerlos a algún tipo de responsabilidad.**
**
Además, usted
acepta no: (a) subir o transmitir virus o cualquier otro tipo de
código malicioso que sea o pueda ser utilizado de cualquier manera
que afecte la funcionalidad o el funcionamiento de los Servicios; (b)
reproducir, duplicar, copiar, extraer, sell, resell or exploit
any portion of the Services; (c) collect or track the personal
information of others; (d) spam, phish, pharm, or pretext the
services; (e) use any robot, spider, scraping, data collection and
extraction tools, automatic devices or processes, artificial
intelligence tools (such as agential AI) or automated or manual
means to access the Services; or (f) interfere with, bypass or
circumvent the security or authorization features, robot exclusion
header or other measures we employ to restrict access to the
Services. We reserve the right to suspend, disable or terminate your
account at any time, without prior notice, if we determine that you
have violated any part of these Terms.**
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SECCIÓN 14 - AGENTES**
**
14.1 This section
("Agent Terms") applies if you use, allow, enable or cause the
implementation of an Agent to access, use or interact with any
Service. "Agent" means any software or service that performs
autonomous or semi-autonomous actions on behalf or at the instruction
of any person or entity and that may execute on behalf or using the
person's device, without direct supervision.**
**
14.2 No Agent
may access, use or interact with the Services unless it, at all times,
identifies itself and operates in strict conformity with the
requirements of section 14.4 below. Furthermore, no Agent may access,
use or interact with the Services if we have requested that the Agent
refrain from accessing, using or interacting with any service.**
**
14.3 We may limit, even by applying
technical measures, the access, use and interaction of any Agent with
the Services and how it does so.**
**
14.4 Agents must: (i)
in every HTTP/HTTPS request, identify that the request comes from an
Agent and reveal the Agent's name by including the following in the
user-agent field string of the request: "Agent/[agent name]";
(ii) not conceal or create confusion about any access, use or
interaction coming from an Agent, such as (a) imitating human
behavior and interaction patterns, or (b) completing or bypassing
CAPTCHAs or measures designed to distinguish computer use from human
use, (iii) truthfully respond to any question or instruction seeking
to determine if interactions come from a human or a computer, (iv)
not circumvent or otherwise bypass any measures designed to block,
limit, modify or control whether Agents access, use or interact with
the Services and how they do so.**
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SECTION
15 - TERMINATION**
**
We may terminate this agreement or your access to
the Services (or any part thereof) at our sole discretion at any time
without prior notice, and you will remain liable for all amounts due
up to and including the date of termination.**
**
The following sections will continue
to apply after any termination: Intellectual Property, Feedback,
Termination, Disclaimer of Warranties, Limitation of Liability,
Indemnification, Severability, Waiver; Entire Agreement, Assignment,
Governing Law, Privacy Policy and any other provisions which by their
nature should survive termination.**
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SECTION 16 - DISCLAIMER
OF WARRANTIES**
**
The information presented on
or through the Services is provided for general informational
purposes only. We do not warrant the accuracy, completeness or
usefulness of this information. Any reliance you place on such
information is strictly at your own risk.
We disclaim all liability arising from any reliance
placed on such materials by you or any other visitor to the Services,
or by anyone who may be informed of any of its Contents.**
**
UNLESS EXPRESSLY INDICATED OTHERWISE BY THE [ENTREPRENEUR], THE
SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED
"AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY
REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT,
INDICATE OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS
LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR
OTHERWISE, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.**
**
**
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SECTION
17 - LIMITATION OF LIABILITY**
**
TO THE MAXIMUM EXTENT
PERMITTED BY LAW, IN NO EVENT SHALL THE [ENTREPRENEUR], OUR
PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND
ITS AFFILIATE, 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 COST OR ANY SIMILAR
DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE
SERVICES OR ANY PRODUCT PROCURED USING THE SERVICES, OR FOR ANY OTHER
CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT,
INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY
CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED
OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR
POSSIBILITY.**
**
SECTION 18 - INDEMNIFICATION**
**
You
agree to indemnify, defend and hold harmless
Huellitas, Shopify and our affiliates, partners,
officers, directors, employees, agents, contractors,
licensors and service providers from and against any loss, damage,
liability or claim, including attorneys' fees, payable to any third
party due to or arising out of (1) your breach of these Terms of
Service or the documents they incorporate by reference, (2) your
violation of any law or the rights of a third party, or (3) your
access and use of the Services.**
**
We will notify you of any indemnifiable claim,
provided that failure to notify promptly will not relieve you of your
obligations unless you suffer material damages.
We may control the defense and settlement of such a claim at your
expense, including the choice of counsel, but we will not settle any
claim that carries non-monetary obligations on your part without your
consent (which shall not be unreasonably withheld). You will cooperate
in the defense of indemnification claims, including providing relevant
documents.**
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**
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SECTION
19 - 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
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.**
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**
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SECTION 20 - WAIVER; 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 operating policies or 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 drafting party.**
**
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SECTION 21 - ASSIGNMENT**
**
You may not
delegate, transfer or assign this agreement or any of its rights or
obligations under these Terms without our prior written consent, and any
such attempt will be void. We may transfer, assign or delegate these
Terms and our rights and obligations without your consent or notice to
you.**
**
**
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SECTION
22 - GOVERNING LAW**
**
These Terms of Service and any
separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the federal and state or
territorial courts of the jurisdiction where
Huellitas is based. You and Huellitas
agree to the personal jurisdiction and venue of such courts.
**
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SECTION 23 - HEADINGS**
**
The headings
used in this agreement are included for your convenience only
and will not limit or otherwise affect these Terms.
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SECTION 24 - CHANGES 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, at
our sole discretion, to update, change or replace
any part of these Terms of Service by posting
updates and changes to our website.
It is your responsibility to check our website periodically
for changes. We will notify you of any material changes to
these Terms in accordance with applicable law, and such changes
will become effective on the date specified in the notice. Your continued
use of or access to the Services after the posting of
any changes to these Terms of Service constitutes acceptance
of such changes.**
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**
SECTION 25 - CONTACT
INFORMATION**
**
Questions about the Terms of Service
should be sent to soyhuellitas@use.startmail.com.**
**
Below
is our contact information: **
**soyhuellitas@use.startmail.com **
Welcome to Huellitas! The terms “we”, “us”
and “our” refer to Huellitas. Huellitas operates this
store and website, including all information, content,
features, tools, products, and related services
to offer you, the customer, a select shopping experience
(the “Services”). Huellitas is powered by Shopify Technology, which allows us
to offer you the Services.
The following terms
and conditions, together with any policies referenced
herein (these “Terms of Service” or
“Terms”) describe your rights and responsibilities when
you use the Services.
Please read these Terms of
Service carefully, as they include important information about your legal
rights and cover areas such as warranty, disclaimer, and
limitation of liability.
By visiting, interacting with, or
using our Services, you agree to be bound by these
Terms of Service and our Privacy Policy [LINK]. If
you do not agree to these Terms of Service or Privacy
Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By
agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of
residence and you have given us your consent to allow
any of your minor dependents to use the Services
on devices you own, purchase, or manage.
To
use the Services, including accessing or browsing
our online stores or purchasing any of
the
products or services we offer, you may be required
to provide certain information, such as your email address,
billing, payment, and shipping information.
You represent and warrant that all information you provide on
our store is accurate, current, and complete, and that you have
all necessary rights to provide this information.
You are solely responsible for maintaining the security of your
account credentials and for all activity on your account. You may not
transfer, sell, assign, or license your account to any
other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to display our products and
services accurately in our online store. However, please
note that colors or product appearance
may differ from how they are displayed on your screen due to the type of
device you use to access the store and its settings.
We do not guarantee that the appearance or quality of
any product or service you purchase will meet your
expectations or be the same as displayed or presented in our
online stores.
All product descriptions may
be changed at any time without notice at our
sole discretion. We reserve the right to discontinue the sale
of any product at any time and may limit the
quantities of any product we offer to any person,
geographic region, or jurisdiction, individually.
SECTION
3 - ORDERS
When you place an order, you are making
an offer to purchase. Huellitas reserves the right to accept or
reject your order for any reason, at its sole discretion. Your
order will not be accepted until Huellitas confirms its acceptance.
We must receive and process your payment before accepting your order. You must
review your orders carefully before making a purchase, as
Huellitas may not be able to process cancellation requests
after an order is accepted. In the event that
we do not accept, make a change to, or cancel an order, we will attempt
to notify you by contacting you via the email,
billing address, or phone number you provided
at the time the order was placed.
You may return or make changes to your purchase only in
accordance with our refund policy [LINK].
You
represent and warrant that your purchase is for your personal or household
use and not for commercial resale or export.
SECTION
4 - PRICING AND BILLING
Prices, discounts,
and promotions are subject to change without notice. The
price charged for a product or service will be the price in effect
at the time the order is placed and will be stated in the
order confirmation sent to you via email.
Unless expressly stated otherwise, posted prices do not include
taxes, shipping, handling, customs fees, or import charges.
Prices posted on
our online stores may differ from prices
offered in physical stores or other online stores or stores
operated by third parties. We may, from time to time, offer
promotions on the Services that may affect pricing
strategies and that will be governed by terms and conditions that differ from
these Terms. If there is a conflict between the terms of a
promotion and these Terms, the terms of the
promotion will prevail.
You agree to provide current,
complete, and accurate purchase, payment, and account information
for all purchases made in our stores. You agree to promptly update
your account and other information, including your email
address, credit card numbers, and expiration dates,
so that we can complete your transaction and contact you
as needed.
You represent and warrant that (i) the
credit card information you provide is true,
correct, and complete, (ii) you are duly authorized to use
such credit card for the purchase, (iii) the charges you
incur will be accepted by your credit card company, and
(iv) you will pay the charges you incur at the posted
prices, including shipping and handling charges and all
applicable taxes, if any.
SECTION 5
- SHIPPING AND DELIVERY
We are not responsible for any
delay in shipping and delivery. All delivery times are
estimates only and are not guaranteed. We will not be liable
for delays caused by the shipping company, customs
procedures, or events beyond our control. Once we
transfer products to the shipping company, title and
risk of loss transfer to you.
SECTION
6 - INTELLECTUAL PROPERTY
Our Services,
including but not limited to all trademarks, brands,
texts, samples, images, graphics, product reviews, videos,
and audio, and the design, selection, and arrangement thereof, are
the property of Huellitas, its affiliate, or licensor and are
protected by U.S. and foreign patents, copyrights, and
other intellectual property laws.
These Terms allow you
to use the Services solely for your personal and non-commercial
use. You must not reproduce, distribute, modify, create derivative works
of, publicly display, publicly perform,
republish, download, store, or transmit any material from the
Services without our prior written consent. Except as
expressly provided herein, nothing in these Terms
grants or shall be construed as granting you a license or other
rights under any patent, trademark, copyright, or other
intellectual property of Huellitas, Shopify, or any
third party. Unauthorized use of the Services may constitute a
violation of federal and state intellectual property laws.
All rights not expressly granted herein are
reserved by Huellitas.
The names, logos, product and service names,
designs, and slogans of Huellitas are trademarks
of Huellitas or its affiliate or licensor. You must not
use such trademark without the prior written permission of
Huellitas. Shopify's name, logo, product and service names,
designs, and slogans are trademarks of
Shopify. All other names, logos, product and service names,
designs, and slogans in the Services are trademarks
of their respective owners.
SECTION
7 - OPTIONAL TOOLS
You may be
provided with access to customer tools offered by third parties
as part of the Services, which we do not monitor or have any
control over or input into.
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 the
optional tools offered through the site is
entirely at your own risk and discretion, and you must ensure that you are
familiar with and approve of the terms under which the tools are provided by the
relevant third-party provider(s).
We may also, in the
future, offer new features through the Services (including
the release of new tools and resources). These new
features will also be considered part of the Services and
will be subject to these Terms of Service.
SECTION
8 - THIRD-PARTY LINKS
The Services may contain
materials and hyperlinks to websites provided or operated
by third parties (including any third-party embedded functionality).
We are not responsible for examining or evaluating the content or
accuracy of any third-party materials or websites you choose to access.
If you decide to leave the Services to access
these third-party materials or sites, you do so at your own risk.
We will not be liable for any damage or harm
related to your access to any third-party website, or your
purchase or use of any products, services, resources, or content on
any third-party website. Please carefully review 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 and services should be
directed to the third party.
SECTION 9 - RELATIONSHIP WITH
SHOPIFY
[NOTE TO MERCHANT: This section
accurately characterizes Shopify's relationship with your store and should not
be removed or modified.]
Huellitas operates with
Shopify technology, which allows us to offer you the Services.
However, any sale or purchase you make in our store
is made directly with Huellitas. By using the Services,
you acknowledge and agree that Shopify is not responsible for any
aspect of the sales between you and Huellitas, including any
injury, damage, or loss resulting from the purchase of products and
services. You hereby expressly release Shopify and
its affiliates from any claims, damages, and liabilities arising
from or related to your purchase and transaction with
Huellitas.
SECTION 10 - Privacy Policy
All personal information we collect through the
Services is subject to our Privacy Policy, which can be
viewed here [LINK], and certain personal information may be
subject to Shopify's Privacy Policy, which can be
viewed here.
By using the Services, you acknowledge that you have read this Privacy
Policy.
Because the Services are hosted by
Shopify, Shopify collects and processes personal information about your
access and use of the Services to offer and improve our
Services. The information you submit to the Services will be
transmitted to and shared with Shopify, as well as with third parties that
may be located in a country other than where you reside,
in order to provide you with the services. Please review our Privacy
Policy [LINK] for more information about how
we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If
you submit, upload, post, email, or otherwise transmit
ideas, suggestions, comments, reviews, proposals,
plans, or other content (collectively “feedback”),
you grant us a perpetual, worldwide, sublicensable, and royalty-free license
to use, reproduce, modify, publish, distribute, and
display such feedback in any media for any purpose,
including commercial use. We may, for example, use our
rights under this license to operate, provide, evaluate,
improve, optimize, and promote the Services and to fulfill
our obligations and exercise our rights in accordance with
the Terms of Service.
You also represent and warrant that:
(i) you own or have all necessary rights to all
feedback; (ii) you have disclosed any compensation or incentive
received in connection with the submission of your feedback; and (iii) that your
feedback complies with these Terms. We have no and will have no
obligation (1) to maintain the confidentiality of your
feedback; (2) to pay compensation for your feedback; or (3)
to respond to your feedback.
We may, but have no
obligation to, monitor, edit, or remove feedback that
we determine, in our sole discretion, is 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 feedback will not infringe any rights of any
third party, including copyright, trademark,
privacy, personality, or other personal or proprietary right. In addition,
you agree that your feedback will not contain defamatory
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 Services or any related website.
You may not use a false email address,
pretend to be someone other than yourself, or mislead us
or third parties as to the origin of any feedback.
You are solely responsible for any feedback you make and
its accuracy. We assume no responsibility for any
feedback posted by you or any third party.
SECTION
12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on or in the Services that contains
typographical errors, inaccuracies or omissions that may relate
to product descriptions, pricing strategies, promotions, offers,
product shipping charges, transit time 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 Services is inaccurate at any time without prior notice (even
after you have submitted your order).
SECTION 13 - PROHIBITED
USES
You may access and use the
Services solely for lawful purposes. You may not access or use the
Services, directly or indirectly: (a) for any illegal or malicious
purpose; (b) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (c) to infringe
upon or violate our intellectual property rights or the intellectual
property rights of others; (d) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or injure any of our employees
or any other person; (e) to transmit false or misleading information;
(f) to knowingly send, receive, upload, download, use, or re-use any
material which does not comply with these Terms; (g) to transmit or
procure the sending of any advertising or promotional material,
including any "junk mail", "chain letter", "spam"
or any other similar solicitation; (h) to impersonate or attempt to
impersonate Huellitas, a Huellitas employee, another user, or any
other person or entity; or (i) to engage in any other conduct that
restricts or inhibits anyone's use or enjoyment of the Services, or
which, as determined by us, may harm Huellitas, Shopify or users of
the Services or expose them to liability.
In addition, you agree not to: (a) 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 Services; (b)
reproduce, duplicate, copy, extract, sell, resell or exploit any
portion of the Services; (c) collect or track the personal
information of others; (d) spam, phish, pharm, or pretext the
services; (e) use any robot, spider, scraping, data gathering and
extraction tools, automatic devices or processes, artificial
intelligence tools (such as agentic AI) or automated or manual means
to access the Services; or (f) interfere with, circumvent or bypass
the security or authorization features, robots exclusion header or
other measures we employ to restrict access to the Services. We
reserve the right to suspend, disable or terminate your account at
any time, without notice, if we determine that you have violated any
portion of these Terms.
SECTION 14 - AGENTS
14.1 This
Section (“Agent Terms”) applies if you use, allow, enable or cause
an Agent to be implemented to access, use, or interact with any
Services. "Agent" means any software or service that performs
autonomous or semi-autonomous actions on behalf or by instruction of
any person or entity and that may run on behalf of or utilizing the
person's device, without direct oversight.
14.2
No Agent may access, use or interact with the Services unless, at all
times, it identifies itself and operates in strict accordance with
the requirements of Section 14.4 below. Further, no Agent may access,
use or interact with the Services if we have requested that the Agent
refrain from accessing, using or interacting with any service.
14.3 We may
limit, including through technical measures, any Agent’s access, use
and interaction with the Services and how it does so.
14.4 Agents must: (i) on every HTTP/HTTPS request, identify that the
request is from an Agent and disclose the name of the Agent by
including the following in the user-agent field string of the
request: "Agent/[agent name]"; (ii) not conceal or create
confusion regarding any access, use or interaction as coming from an
Agent, such as by (a) mimicking human behavior and interaction
patterns, or (b) completing or circumventing CAPTCHAs or measures
intended to distinguish computer from human use, (iii) truthfully
respond to any query or instruction seeking to determine whether
interactions are from a human or a computer, (iv) not circumvent or
otherwise bypass any measures intended to block, limit, modify or
control whether and how Agents access, use or interact with the
Services.
SECTION
15 - TERMINATION
We may terminate this agreement or your
access to the Services (or any part thereof) in our sole discretion
at any time without notice, and you will remain liable for all
amounts due up to and including the date of termination.
The following sections will continue to apply after any termination:
Intellectual Property, Feedback, Termination, Disclaimer of Warranties,
Limitation of Liability, Indemnification, Severability, Waiver; Entire
Agreement, Assignment, Governing Law, Privacy Policy and any other
provisions that by their nature should survive termination.
SECTION
16 - DISCLAIMER OF WARRANTIES
The
information presented on or through the Services is made available
solely for general informational purposes. We do not warrant the
accuracy, completeness, or usefulness of this information. Any
reliance you place on such information is strictly at your own risk.
We disclaim all liability and responsibility arising from any
reliance placed on such materials by you or any other visitor to the
Services, or by anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED BY [BUSINESS NAME], THE SERVICES AND ALL
PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE
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. WE DO NOT WARRANT,
INDICATE OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT
OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER
WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION
17 - LIMITATION OF LIABILITY
TO THE MAXIMUM
EXTENT PERMITTED BY LAW, IN NO CASE SHALL [BUSINESS NAME], OUR
PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND
ITS AFFILIATE, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF
ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE,
LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR
DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE
SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY
OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY
PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY
CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR
POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You
agree to indemnify, defend, and hold harmless Huellitas, Shopify and
our affiliates, partners, officers, directors, employees, agents,
contractors, licensors, and service providers from any losses,
damages, liabilities, or claims, including attorney's fees, payable
to any third party due to or arising out of (1) your breach of these
Terms of Service or the documents they incorporate by reference, (2)
your violation of any law or the rights of a third party, or (3) your
access and use of the Services.
We will notify you of any indemnifiable claim, provided that failure
to promptly notify you will not relieve you of your obligations unless
you suffer material damages. We may control the defense and settlement
of such a claim at your expense, including the choice of counsel, but
will not settle any claim that involves non-monetary obligations on
your part without your consent (which will not be unreasonably
withheld). You will cooperate in the defense of indemnification
claims, including by providing relevant documents.
SECTION
19 - 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
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.
SECTION 20 - WAIVER;
ENTIRE AGREEMENT
The failure of us to exercise or
enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by
us on this 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 Terms of
Service).
Any ambiguities in the interpretation of these Terms of Service shall
not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You
may not delegate, transfer, or assign this agreement or any of your
rights or obligations under these Terms without our prior written
consent, and any such attempt will be void. We may transfer, assign,
or delegate these Terms and our rights and obligations without your
consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide
you Services shall be governed by and construed in accordance with the
federal and state or territorial courts of the jurisdiction where
Huellitas is based. You and Huellitas agree to the personal
jurisdiction and venue of such courts.
SECTION
23 - HEADINGS
The headings used in this agreement are
included for convenience only and will not limit or otherwise affect
these Terms.
SECTION
24 - CHANGES TO TERMS OF SERVICE
You may
review the most current version of the Terms of Service at any time
at 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 to our website. It is your responsibility to check our
website periodically for changes. We will provide you with notice of
any material changes to these Terms in accordance with applicable law,
and such changes will be effective as of the date specified in the
notice. Your continued use of or access to the Services following the
posting of any changes to these Terms of Service constitutes
acceptance of those changes.
SECTION 25 - CONTACT
INFORMATION
Questions about the Terms of Service
should be sent to soyhuellitas@use.startmail.com.
Our contact information is listed below: