Terms of service
GENERAL OVERVIEW
Welcome to Conservas Guallar. The terms “we,” “us,” and “our” refer to Conservas Guallar. Conservas Guallar operates this store and website, including all information, content, features, tools, products and services to provide you, the customer, with a curated shopping experience (the “Services”). Conservas Guallar uses Shopify technology to provide you with the Services.
These terms and conditions, together with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By accessing, browsing, 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 the Privacy Policy, you must not use 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 the state or province in which you reside, and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase, or manage.
To use the Services—including accessing our online stores, browsing them, or purchasing any products or services we offer—you may be asked to provide certain information such as your email address, billing address, payment method and shipping address. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell or assign your account to any other person, or grant sublicences associated with your account.
SECTION 2: OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online stores. However, please note that colours or product appearance may differ from how they appear on your screen due to the device you use to access the store and its settings.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or be identical to those displayed in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of any products we offer to any person, geographic region or jurisdiction.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. Conservas Guallar reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Conservas Guallar confirms acceptance. We must receive and process your payment in order to accept your order. Please review your order carefully before submitting it, as Conservas Guallar may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify in any way, or cancel an order, we will attempt to notify you by email, billing address, or telephone number provided at the time the order was placed.
Your purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use only, and not for resale or commercial 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 set out in the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices listed in our online stores may differ from prices offered in physical stores or online or other stores operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between promotional terms and these Terms, the promotional terms will govern.
For all purchases made through our stores, you agree to provide current, complete and accurate purchase, payment and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions 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 authorised to use that credit card for the purchase; (iii) your credit card company will honour the charges you incur; and (iv) you will pay the charges incurred at the posted prices, including shipping, handling and applicable taxes, if any.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we hand the products over to the carrier, title and risk of loss pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, branding, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Conservas Guallar, its affiliates or licensors and are protected by U.S. and foreign copyright and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any licence or other right to you under any patents, trademarks, copyrights or other intellectual property rights of Conservas Guallar, Shopify or any third party. Unauthorised use of the Services may violate federal and state intellectual property laws. Conservas Guallar reserves all rights not expressly granted herein.
The names, logos, product and service names, designs and slogans of Conservas Guallar are trademarks of Conservas Guallar, its affiliates or licensors. You must not use such trademarks without the prior written consent of Conservas Guallar. 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 on the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
We may provide you with access to third-party tools as part of the Services over which we have no monitoring, control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement. We shall have no liability 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 on which the relevant third-party provider offers such tools.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to third-party websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, and we do not warrant the accuracy of, any third-party materials or websites you choose to access. If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services or resources from such third-party websites. Please review third-party 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 relevant third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately characterises Shopify’s relationship with your store and must not be removed or modified.]
Conservas Guallar uses Shopify technology, which enables us to provide you with the Services. However, any sales and purchases you make in our store are made directly with Conservas Guallar. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Conservas Guallar, including any injury, damage or loss caused by products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or related to your purchases and transactions with Conservas Guallar.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted on Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you. For the purpose of providing services, information you submit to the Services will be transmitted to Shopify and to third parties who may be located in countries where you do not reside, and will be shared with them. For more information on how we, Shopify and our partners use your personal information, please review our Privacy Policy [LINK].
SECTION 11: COMMENTS
If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Comments in any media and for any purpose, including commercial use. For example, we may exercise our rights under this licence to operate, provide, evaluate, optimise, improve and promote the Services, and to comply with our obligations and enforce our rights under the Terms of Service.
You further represent and warrant that: (i) you own or otherwise control all the rights to the Comments; (ii) you have disclosed any compensation or incentives received in connection with your submission of the Comments; and (iii) your Comments will comply with these Terms. We are under no obligation to (1) maintain Comments in confidence; (2) pay compensation for Comments; or (3) respond to Comments.
We may, but have no obligation to, monitor, edit or remove Comments that we determine, in our sole discretion, are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violate any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or 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 otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We are not responsible for Comments posted by you or any third party.
SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services 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 is inaccurate, at any time without prior notice (including after you have submitted your order).
SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local regulations, rules, laws or ordinances; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or any other person; (e) to submit false or misleading information; (f) to upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any “junk mail,” “chain letters,” “spam” or similar solicitations; (h) to impersonate or attempt to impersonate any 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 Conservas Guallar, Shopify or users of the Services, or expose them to liability.
You also 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, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the internet. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine you have violated any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at 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 shall survive termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.
SECTION 15: DISCLAIMER OF WARRANTIES
The information presented in or through the Services is made available for general information only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability arising from your reliance on such materials, or the reliance of any visitor to the Services, or anyone who may be aware of its contents.
UNLESS Conservas Guallar EXPRESSLY STATES OTHERWISE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FOR YOUR USE, WITHOUT REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOU WILL BE ABLE TO USE THE SERVICES IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Conservas Guallar, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR SHOPIFY OR ITS AFFILIATES, 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 SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Conservas Guallar, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including the cost of reasonable attorneys’ fees, payable to any third party, arising from (1) your breach of these Terms of Service or the documents incorporated herein by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to give prompt notice will not relieve you of your obligations unless you have suffered material prejudice. We may control the defence and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (not to be unreasonably delayed). You will cooperate in the defence of indemnified claims, for example by providing relevant documents.
SECTION 18: SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest 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 any other provisions.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the 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 of the Service constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, 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 20: 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 attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms, and our rights and obligations under them, without your consent or notice to you.
SECTION 21: 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 to which Conservas Guallar belongs. You and Conservas Guallar submit to the venue and jurisdiction of such courts.
SECTION 22: HEADINGS
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23: 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, in 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. We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect 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 24: CONTACT INFORMATION
You must send any questions about the Terms of Service to: info@conservasguallar.es
