Terms of service
GENERAL INFORMATION
This website is operated by Noemi Morata. Throughout the site, the terms “we”, “us”, and “our” refer to the online store Picasita. Picasita offers this website, including all information, tools, and services available on this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site or purchasing anything we offer, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions, and policies referenced in this document or available by hyperlink. These Terms of Service apply to all users of the site, including, but not limited to, users who are browsers, vendors, customers, merchants, or content contributors.
Please carefully review these Terms of Service 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 the terms and conditions of this agreement, 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 feature or tool added to the current services will also be subject 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 to update, change, or replace any part of these Terms of Service by posting updates or changes on our website. It is your responsibility to check this page periodically for changes. Continued use of the website or access to it after any changes have been posted 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 accepting 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 of 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 using the service, violate any law of your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any virus, worm, or code of a destructive nature.
Failure to comply with or violation of any of the Terms will result in immediate termination of your services.
SECTION 2: GENERAL 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 over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the 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 solely for convenience and will not limit or otherwise affect these Terms.
SECTION 3: ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We will not be responsible if the information available on this site is not accurate, complete, or up-to-date. The material on this site is provided solely for general informational purposes and should not be taken as unquestionable nor used as the sole basis for making decisions without consulting more accurate, complete, or timely primary information sources. Reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is necessarily not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we are not obligated 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 prior notice.
We reserve the right to modify or discontinue the service (or any part or content thereof) at any time without prior notice.
We will not be liable to you or any third party for modifications, price changes, suspensions, or interruptions of the service.
SECTION 5: PRODUCTS OR SERVICES (if applicable)
Certain products or services may be 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 Refund Policy: [ENLACE A POLÍTICA DE REEMBOLSO]
We have made every effort to display the colors and images of our products appearing in the store as accurately as possible. We cannot guarantee that the display of any color on your computer monitor is 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 as appropriate. We reserve the right to limit the quantities of any of the products or services we offer. Product descriptions or prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to withdraw any product at any time. Any offer of any product or service made on this site will not be valid where prohibited.
We do not guarantee that the quality of the products, services, information, or other material purchased will meet your expectations, nor that service errors will be corrected.
SECTION 6: ACCURACY OF BILLING INFORMATION AND ACCOUNTS
We reserve the right to reject any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. If we modify or cancel an order, we will attempt to notify you by contacting you via email or the billing address or phone number provided at the time of order. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by sellers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. 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 when necessary.
For more details, please review our Refund Policy: [ENLACE A LA POLÍTICA DE REEMBOLSO]
SECTION 7: OPTIONAL TOOLS
We may provide you access to third-party tools that we do not monitor and over which we have no control or collaboration.
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 any endorsement. We are not responsible for your use of third-party optional tools.
Any use by you of the optional tools offered through the site is entirely at your own risk, and you must ensure that you know and approve the conditions under which the respective external providers provide the tools.
We may also, in the future, offer new services or features through the website (including launching new tools and resources). New features 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 third-party materials.
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 do not guarantee or assume any obligation or liability for any third-party material or websites, nor for any other third-party material, product, or service.
We are not responsible for any damage or harm related to the purchase or use of goods, services, resources, or content, nor for any other transaction made in connection with third-party websites. Please carefully review the third parties' policies and practices and ensure you understand them before making any transaction. Complaints, claims, doubts, or questions about third-party products should be directed to them.
SECTION 9: COMMENTS, OPINIONS, AND OTHER USER SUBMISSIONS
If, at our request, you send specific proposals (for example, contest entries) or, without being asked, send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any media any comment you send us. We are not and will not be obligated (1) to keep any comment confidential; (2) to pay compensation for any comment; nor (3) to respond to any comment.
We may, but have no obligation to, monitor, edit, or remove content that we determine, at our sole discretion, is illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes on the intellectual property of any party 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 also agree that your comments will not contain defamatory or illegal material, abusive or obscene content, or computer viruses or other malicious programs that may in any way affect the operation of the service or any related website. You may not use a false email address, impersonate anyone other than yourself, or mislead us or third parties about the origin of the comments. You are solely responsible for the comments you make and their truthfulness. We are not responsible for comments posted by you or by third parties.
SECTION 10: PERSONAL INFORMATION
The sending, on your part, of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any error, inaccuracy, or omission, and to change or update information or cancel orders if any service or related website information is inaccurate, at any time and without prior notice (even after you have submitted your order).
We do not commit to update, modify, or clarify the information of the service or any related website, including, without limitation, pricing information, unless required by law. No specified update or refresh date applied to the service or any related website should be taken to indicate that all information on the service or any related website has been modified or updated.
SECTION 12: PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in any illegal act; (c) to violate any local, international, federal, provincial, or state regulation, rule, law, or ordinance; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to send false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will be used or may be used in any way 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, phishing, pharm, pretext, spider, crawler, or scraper; (j) for any 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; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, or secure, nor that it will be error-free.
We do not guarantee that the results obtained from using the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without prior notice.
You expressly agree that your use of the Service or inability to use it is at your sole risk. The Service and all products and Services delivered to you through the Service are provided (except as expressly stated) "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, commercial quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Picasita, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or products purchased through the Service, or 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 the use of the Service or any content (or product) posted, transmitted, or made available through the Service, even if advised of the possibility thereof. 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 Picasita and the parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney's fees, made by any third party due to, or as a result of, your breach of these Terms of Service or the documents incorporated 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 found to be illegal, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be considered 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 responsibilities of the parties assumed prior to the termination date of this agreement shall remain in effect thereafter for all purposes.
These Terms of Service will take effect unless and until you or we terminate them. 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, at our sole discretion, you fail to comply with or we suspect you have violated any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain responsible for all amounts due up to and including the termination date; 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 operational rules posted by us on this site or in relation 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 previous versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18: APPLICABLE LAW
These Terms of Service and any separate agreements by which we provide you Services shall be governed by and construed in accordance with the laws of Spain.
SECTION 19: 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 to update, change, or replace, at our sole discretion, any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to review our website periodically for changes. Continued use of or access to the website or the Service after any changes to the Terms of Service have been posted constitutes acceptance of those changes.
SECTION 20: CONTACT INFORMATION
Questions about the Terms of Service should be sent to info@picasita.es.
Our contact information is published below:
Picasita
info@picasita.es
Painter Picasso 3 left, 5D
615043897