Términos del servicio
GENERAL DESCRIPTION
Welcome to CalmDream™. The terms “we,” “us,” and “our” refer to CalmDream™. CalmDream™ 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”). CalmDream™ uses Shopify technology that allows us to provide you with the Services.
The following terms and conditions, along with all policies referenced within them (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By viewing, interacting with, or using our Services, you agree to comply with 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 accepting 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 dependents 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 product or service 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 another person, nor grant licenses related to such account.
SECTION 2: OUR PRODUCTS
We have made every effort to accurately represent our products and services in our online stores. However, please note that product colors or appearance may differ from how they appear on your screen depending on the device used to access the store and its settings.
We do not guarantee 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 may limit the quantities of products offered to any person, geographic region, or jurisdiction as necessary.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. CalmDream™ reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until CalmDream™ confirms acceptance. We must receive and process your payment for your order to be accepted.
Please review your order carefully before submitting it, as CalmDream™ may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone 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 export for commercial purposes.
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 email you receive.
Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs processing, or import charges.
Prices published in our online stores may differ from those offered in physical stores or other online stores operated by third parties.
From time to time, we may offer promotions related to the Services that may affect pricing and will be governed by terms and conditions separate from these Terms. If there is a conflict between promotional terms and these Terms, the promotional terms will prevail.
For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account 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 authorized to use the credit card for the purchase;
(iii) the credit card company will honor the charges incurred; 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 or delivery delays. All delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once products are delivered to the shipping carrier, ownership and risk transfer to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, branding, text, samples, images, graphics, product reviews, video, audio, and the design, selection, and arrangement of these elements, are owned by CalmDream™, its affiliates, or licensors and are protected by United States and international copyright and intellectual property laws.
These Terms allow you to use the Services only for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Unless expressly stated herein, nothing in these Terms grants or shall be interpreted as granting any license or right to you under any patent, trademark, copyright, or other intellectual property of CalmDream™, Shopify, or any third party.
Unauthorized use of the Services may violate federal and state intellectual property laws. CalmDream™ reserves all rights not expressly granted herein.
The names, logos, product names, service names, designs, and slogans of CalmDream™ are trademarks of CalmDream™, its affiliates, or its licensors. You must not use such trademarks without prior written permission from CalmDream™.
The name, logo, product names, service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, we may provide access to customer tools offered by third parties 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.
Your use of such tools 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 providers.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also 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 embedded third-party functionality).
We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave our Services to access such materials or websites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites or your purchase or use of products, services, or resources from third-party websites.
Please review the policies and practices of any third parties carefully 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
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and must not be removed or modified.]
CalmDream™ uses Shopify technology that allows us to provide the Services. However, any sale or purchase made in our store is conducted directly with CalmDream™.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and CalmDream™, including injuries, damages, or losses resulting from products or services purchased.
You hereby expressly release Shopify and its affiliates from any claims, damages, or liabilities arising from or related to your purchases and transactions with CalmDream™.
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 also be subject to Shopify’s Privacy Policy, which can be viewed here.
By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access and use of the Services to provide and improve the Services for you.
For the purpose of providing services, information you submit through the Services may be transmitted to and shared with Shopify and third parties located in countries where you may not reside.
For more information about 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, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium and for any purpose, including commercial use.
For example, we may use these rights to manage, provide, evaluate, optimize, improve, and promote the Services and to comply with our obligations and enforce our rights under the Terms of Service.
You also represent and warrant that:
(i) you own all necessary rights to the Comments;
(ii) you have disclosed any compensation or incentive received related to the submission of Comments; and
(iii) your Comments comply with these Terms.
We have no obligation to maintain Comments in confidence, compensate you for them, or respond to them.
We may, but are not obligated to, monitor, edit, or remove Comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violate intellectual property rights or these Terms.
You agree that your Comments will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
Your Comments must not contain defamatory, unlawful, abusive, or obscene material, nor computer viruses or other malware that could affect the operation of the Services or any related website.
You may not use a false email address, pretend to be someone else, or mislead us or third parties regarding the origin of any Comments.
You are solely responsible for the 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 or within the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, 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 in the Services 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 unlawful or malicious purposes
(b) to violate international, federal, provincial, state, or local laws or regulations
(c) to infringe our intellectual property rights or those of others
(d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or others
(e) to submit false or misleading information
(f) to upload or transmit material that does not comply with these Terms
(g) to send spam, chain letters, junk mail, or similar content
(h) to impersonate another person or entity
(i) to engage in conduct that restricts or inhibits others from using the Services or that may harm CalmDream™, Shopify, or users.
You also agree not to:
(a) upload or transmit viruses or malicious code
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services
(c) collect or track personal information of others
(d) spam, phish, pharm, pretext, spider, crawl, or scrape
(e) interfere with or bypass security features of the Services or related websites.
We reserve the right to suspend, disable, or terminate your account without notice if you violate these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or your access to the Services at any time without notice at our sole discretion. Your obligations and liabilities incurred before termination will survive termination.
Sections including Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that by nature survive termination shall remain in effect.
SECTION 15: DISCLAIMER OF WARRANTIES
Information provided through the Services is for general information purposes only. We do not guarantee its accuracy, completeness, or usefulness.
Unless expressly stated by CalmDream™, the Services and all products offered through them are provided “as is” and “as available,” without warranties or conditions of any kind.
We do not guarantee uninterrupted, timely, secure, or error-free use of the Services.
Some jurisdictions do not allow limitations on implied warranties, so this disclaimer may not apply to you.
SECTION 16: LIMITATION OF LIABILITY
To the fullest extent permitted by law, CalmDream™, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any injury, loss, claim, or damages of any kind.
This includes direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages arising from the use of the Services or any product purchased through them.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless CalmDream™, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claim or demand arising from:
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your breach of these Terms
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your violation of any law or third-party rights
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your use of the Services.
SECTION 18: SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law and the unenforceable portion shall be deemed severed from these Terms.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Failure to enforce any provision of these Terms does not constitute a waiver of such provision.
These Terms and any policies posted on this site constitute the entire agreement between you and us regarding the Services.
SECTION 20: ASSIGNMENT
You may not assign or transfer these Terms without our prior written consent.
We may assign or transfer these Terms without notice.
SECTION 21: GOVERNING LAW
These Terms of Service shall be governed and interpreted in accordance with the federal and state courts of the jurisdiction to which CalmDream™ belongs.
You and CalmDream™ agree to submit to the jurisdiction of those courts.
SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and do not affect the interpretation of 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 to update, modify, or replace any part of these Terms by posting updates on our website.
Your continued use of the Services after such changes are posted constitutes acceptance of those changes.
SECTION 24: CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
Our contact information is provided below:
CalmDream™
calmdream@use.startmail.com
Plaza Juan Portillo García 10, 2ºD, Alcalá de Guadaíra, Sevilla, 41500, España