Terms of service

TERMS OF SERVICE – GENERAL INFORMATION
This website is operated by Tienda. Throughout the site, the terms ‘we’, ‘us’ and ‘our’
refer to Tienda. Tienda provides this website, including all the information,
tools and services available to you on this site. You are bound by your acceptance
of all the terms, conditions, policies and notices set out herein.
By visiting our site and/or making a purchase from us, you are using our “Service” and agreeing to the following
terms and conditions (“Terms of Service”, “Terms”), including all terms and
conditions and additional policies referred to in this document and/or available
via hyperlinks. These Terms of Service apply to all users of the site, including but not limited to
users such as browsers, providers, customers, merchants and/or content contributors
.
Please read these terms of use carefully before accessing or using our website. By accessing or
using any part of the site, you agree to the terms of use. If you do not agree to all the
terms of this agreement, you must not access the website or use any of the services. If the
Terms of Service are deemed to be an offer, acceptance is expressly limited to these
Terms of Service.
Any new features or tools added to the existing shop shall also be subject to these
Terms of Service. You may review the updated version of the Terms of Service at any
time on this page. We reserve the right to update, amend or replace any
part of the Terms of Service by publishing updates and/or changes on
our website. It is your responsibility to check this page periodically to see if it has been
amended.
Your continued use of or access to the website after changes have been published constitutes
acceptance of those changes. Our shop is hosted by Shopify Inc. They provide us with the
online e-commerce platform, which enables us to sell our products and services.
SECTION 1 – ONLINE STORE TERMS
By using this site, you represent that you are at least of legal age in your state or province
of residence, or that you are of legal age in your state or province of residence and have given us
your consent to allow any minor dependent on you to use this site.
You may not use our products for any illegal or unauthorised purpose, and you may not, whilst using
the service, breach the laws of your jurisdiction (including, but not limited to, copyright laws).
You must not transmit worms, viruses or any code of a destructive nature. Failure to
comply with any of these terms will result in the immediate termination of your
services.
SECTION 2 – GENERAL TERMS
We reserve the right to refuse service to anyone for any reason and at
any time.
You understand that your content (excluding credit card information) may
be transferred unencrypted and may involve (a) transmissions over various networks; and (b)
modifications to conform to the technical requirements of connecting networks or devices
. Credit card information is always encrypted when transferred
over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the
Service, your use of the Service, or access to the Service, or any contact on the website through which
the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and do not limit or affect these
terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS
We are not liable if the information available on this site is not accurate, complete or up to date. The
information on this site is provided for general information purposes only and should not be used as the
sole basis for making decisions without first consulting more accurate, complete or
up-to-date information. Any use of the content 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
change the content of this site at any time, but we are under no obligation to
update any information on our site. You agree that it is your responsibility to monitor
changes to our site.
SECTION 4 – CHANGES TO SERVICES AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the service (or any part of the content)
at any time without notice.
We shall not be liable to you or any third party for any modification, price change,
suspension or discontinuation of the service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online via the website. These
products or services may be in limited quantities and may be subject to return or
exchange in accordance with our returns policy only.
We have made every effort to display the colours and images of our products in the shop with
the greatest possible colour accuracy. We cannot guarantee that your computer monitor
will display the colours accurately.
We reserve the right, but are not obliged, to limit sales of our products or
services to any person, geographical region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of
products or services we offer. All product descriptions or 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 guarantee that the quality of any products, services, information or other materials
purchased or obtained by you will meet your expectations, or that errors in the Service will be
corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at
our discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account, the same
credit card and/or orders using the same billing and/or delivery address.
In the event of a change to or cancellation of an order, we may attempt to notify you by
contacting you via email and/or the billing address/telephone number
provided at the time of ordering. We reserve the right to limit or prohibit
orders which, in our opinion, appear to be placed by resellers, retailers or
distributors.
You agree to provide up-to-date, complete and accurate information regarding purchases and the accounts
used for all purchases made in our shop. You agree to update
your account and other information immediately, including your email address,
credit card numbers and their expiry dates, so that we can complete your transactions and
contact you if necessary.
For further details, please see our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools which we do not oversee and over
which we have no control or influence.
You acknowledge and agree that we provide access to these tools ‘as is’ and ‘as
available’ without warranty, representation or condition of any kind and without any endorsement. We
accept no liability arising from or in connection with your use of tools
provided by third parties.
Any use you make of the optional tools offered by the site is at your own risk
and you must ensure that you are familiar with and agree to the terms under which these tools are
provided by third-party providers.
We may also offer you new services and/or features via the website in the future
(including the launch of new tools and resources). These new features and/or services
shall also be subject to these terms of service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include
third-party material.
Third-party links on this site may direct you to third-party websites that are not affiliated with
us. We are not responsible for reviewing or evaluating the content or accuracy, and we do not guarantee
or accept any liability for any third-party material or website, or for any
third-party material, product or service.
We are not liable for any damage or loss arising from the purchase or use of goods,
services, resources, content or any other transaction carried out in connection with third-party websites
. Please review the third parties’ policies and practices carefully and ensure you understand them
before entering into any transaction. Complaints, claims, concerns or enquiries regarding
third-party products should be directed to the relevant third party.
SECTION 9 – USER COMMENTS, SUBMISSIONS AND OTHER CONTENT
If, at our request, you submit specific proposals (for example, entries to
competitions) or if, without our request, you submit creative ideas, suggestions, proposals,
plans or other materials, whether online, by email, by post or otherwise
(collectively, ‘comments’), you agree that we may, at any time and without
restriction, modify, copy, publish, distribute, translate or otherwise use the
comments you have posted. We have no obligation, and shall have no obligation, (1) to maintain the
confidentiality of the comments, (2) to pay any compensation in respect of the comments, or (3) to
respond to the comments.
We may, but are under no obligation to, monitor, edit or remove any content that
we deem to be unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable, or that
infringes any party’s intellectual property rights or the terms of the Service.
You agree that your comments do not infringe the rights of third parties, including rights relating to
copyright, trade marks, privacy, personality or other personal or proprietary rights.
Furthermore, you agree that your comments will not contain defamatory or illegal material, abusive or obscene content,
computer viruses or other malicious software that may in any way affect the operation
of the Service or any linked website. You must not use a false email address,
adopt a false identity or mislead a third party or us as to the
origin of your comments. You are solely responsible for the comments you post and their
accuracy. We accept no liability and
SECTION 10 – PERSONAL INFORMATION
The submission of personal information via the site is governed by our privacy policy. To view
our privacy policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or within the Service that contains errors
such as typographical errors, inaccuracies or omissions relating to product descriptions,
prices, promotions, offers, sales charges, product dispatch, 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 on
any related website is inaccurate, at any time without prior notice (including after
you have submitted your order).
We assume no obligation to update, correct or clarify the information on the Service or on
any related website, including, but not limited to, pricing information, except as
required by law. No specification or update date stated on the Service or on any
related website should be construed as an indication that any information on the
Service or on any related website has been amended or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the other prohibitions set out in the terms of use, you are prohibited from using the site
or its content: (a) for any unlawful purpose; (b) to solicit others to perform or take part in any
; (c) to breach any local, international, federal, provincial or
state regulations, rules or ordinances; (d) to infringe or violate our intellectual property rights or those of a third party; (e)
to harass, abuse, insult, harm, defame, slander, denigrate, intimidate or discriminate on the grounds of
gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) to submit
false or misleading information; (g) to download or transmit viruses or other malicious code that is or
may be used in a manner that could compromise the functionality or performance of the Service
or any linked website, other sites or the Internet; (h) to collect or track
personal information about other people; (i) to generate spam, phish, pharm, pretext, spider, crawl or
scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the
security features of the Service or any linked website, other sites or the Internet. We reserve the
right to suspend your use of the Service or any associated website for breaching any of the
prohibited activities.
ARTICLE 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free
.
We do not guarantee that the results that may be obtained from using the Service will be accurate or
reliable.
You agree that, from time to time, we may suspend the Service for indefinite periods
or discontinue the Service at any time without prior notice.
You expressly agree that your use of, or ability to use, the Service is at your own risk. The
Service and all products and services provided through the Service are provided (
unless we expressly state otherwise) ‘as is’ and ‘as available’ for your
use, without any representation, warranty or condition of any kind. whether express or implied,
including all implied warranties or conditions of merchantability, fitness for a
particular purpose, durability, title and non-infringement.
any errors or omissions in any content, or any loss or damage of any kind
suffered as a result of using the Service or any content (or product) displayed,
transmitted or made available via the Service, even if we were made aware of the possibility thereof.
As some states or jurisdictions do not permit 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.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless the shop and our parent companies,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensees,
service providers, subcontractors, suppliers, interns and employees, from any claim
or suit, including reasonable legal fees, brought by any third party arising out of or
resulting from your breach of these Terms of Service or any document
incorporated by reference herein, or your breach of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms of Use is found to be unlawful, void or
unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the
unenforceable part shall be deemed severable from these Terms of Use; this determination shall not affect
the validity and enforceability of the remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities of the contracting parties arising prior to the date of termination
shall survive the termination of this Agreement for all purposes.
These Terms of Service remain in force unless terminated by you or by us. You may
terminate these Terms of Service at any time by notifying us that you will no longer use our
services or by ceasing to use our website.
If, in our opinion, you breach or are suspected of breaching any condition or provision of these
Terms of Service, we may also terminate this agreement at any time without prior
notice, and you shall remain liable for all monies owed up to and including the date of
termination; and/or we may therefore deny you access to our services (or part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms
of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules published by us on this site or in
connection with the Service constitute the entire agreement and understanding between you and us and
govern your use of the Service, superseding any prior or
current agreement, communication or proposal, whether oral or written, between you and us (including, but not limited to, any previous version
of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed
against the drafting party.
ARTICLE 18 – GOVERNING LAW
These Terms of Service and any separate agreement under which we provide services to you shall be
governed by and construed in accordance with applicable law.
ARTICLE 19 – AMENDMENTS 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, at our sole discretion, to update, change or replace
any part of these Terms of Service by publishing 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 publication of
any changes to these Terms of Service constitutes acceptance of those changes.
ARTICLE 20 – CONTACT INFORMATION
Enquiries regarding the Terms of Service should be sent to (YOUR SHOP’S EMAIL ADDRESS)
SECTION 21 – TEXT MARKETING AND NOTIFICATIONS
By agreeing to receive SMS marketing during the checkout process and initiating a purchase or subscribing
via our subscription tools, you agree to receive recurring text notifications
(regarding your order, including reminders for abandoned payments), text marketing offers and
transactional text messages, including requests for reviews, from us, even if your
mobile phone number is registered on any state or federal ‘do not call’ list. The
frequency of messages varies. Consent is not a condition of purchase. If you wish to
unsubscribe from receiving text notifications and marketing messages, reply with STOP
to any mobile message we send you or use the unsubscribe link we
provide in any of our messages. You understand and agree that 
alternative opt-out methods, such as the use of alternative keywords or requests, will not be
considered a reasonable means of opting out. We do not charge for the service, but you
are responsible for all charges and fees associated with text messages imposed by your
mobile service provider. Messaging and data charges may apply. If you have any
questions, please text HELP to the number from which you received the messages. You can also
contact us at (YOUR STORE’S EMAIL)
for further information. We reserve the right to change any telephone number or short code
we use to operate the service at any time. You will be notified on such occasions.
You acknowledge that messages you send to a telephone number or
short code that we have changed may not be received, including requests to STOP or HELP, and that we
shall not be liable for complying with requests made in such messages. To the extent
permitted by applicable law, you agree that we shall not be liable for the failed,
delayed or misdirected delivery of any information sent via the service, any errors in
such information and/or any action you may or may not take in reliance on the information or the
Service. Your right to privacy is important to us. Please refer to our 
Privacy Policy to find out how we collect and use your personal information.