Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to VidaPeluda. The terms “we”, “us” and “our” refer to VidaPeluda.
VidaPeluda operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). VidaPeluda is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein, describe your rights and responsibilities when using the Services. Collectively, they are referred to as the “Terms of Service” or the “Terms”.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover matters including disclaimers and limitations of liability.
By accessing, interacting with or using our Services, you agree to comply with these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use our Services.
SECTION 1: ACCESS AND ACCOUNTS
By agreeing to these Terms of Service, you confirm that you have reached the age of majority in the country, state or region in which you reside and that you have given us permission to allow any minors under your responsibility to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services offered by us, you may be required to provide certain information, such as your email address, billing address, payment details and shipping address.
You represent and warrant that all information you provide through our store is accurate, current and complete and that you have all necessary rights to provide that information.
You are solely responsible for maintaining the security and confidentiality of your account credentials and for all activity carried out through your account.
You may not transfer, sell, assign or license your account to another person.
SECTION 2: OUR PRODUCTS
We have made every reasonable effort to display our products and services as accurately as possible in our online store.
However, the colours or appearance of a product may differ from how they appear on your screen due to the device used to access the store and its display settings.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to those displayed in our online store.
Product descriptions may be changed at any time without prior 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, geographical region or jurisdiction, where appropriate.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase.
VidaPeluda reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be considered accepted until VidaPeluda confirms its acceptance.
We must receive and process your payment before your order can be accepted.
Please review your order carefully before submitting it, as VidaPeluda may be unable to accept cancellation requests once an order has been accepted or processed.
If we reject, modify or cancel an order, we will attempt to notify you using the email address, billing address or telephone number provided when the order was placed.
Purchases may only be returned or exchanged in accordance with our Refund Policy.
You represent and warrant that your purchases are intended solely for personal or household use and not for resale or commercial export.
SECTION 4: PRICES AND BILLING
Prices, discounts and promotions may be changed without prior 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 confirmed in the order confirmation email you receive.
Unless expressly stated otherwise, displayed prices do not include additional shipping, handling, customs or import charges that may apply.
Prices displayed in our online store may differ from prices offered in physical stores, other online stores or other sales channels operated by third parties.
We may occasionally offer promotions through the Services that affect prices and are governed by terms and conditions separate from these Terms.
If there is a conflict between the conditions of a promotion and these Terms, the conditions of the promotion will prevail.
For all purchases made through our store, 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 payment card details and expiry dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that:
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The payment card information you provide is true, accurate and complete.
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You are duly authorised to use the payment card for the purchase.
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The charges incurred by you will be honoured by your payment provider.
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You will pay all charges incurred at the displayed prices, including any applicable shipping, handling and tax charges.
SECTION 5: SHIPPING AND DELIVERY
All delivery times are estimates and are not guaranteed.
We shall not be held responsible for delays caused by shipping companies, customs processing, periods of high demand or events outside our reasonable control.
Shipping and delivery conditions are further described in our Shipping Policy.
The customer is responsible for providing a complete and accurate shipping address and for cooperating with the carrier where necessary to ensure successful delivery.
Nothing in this section shall affect any rights granted to consumers under applicable consumer protection legislation.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brand names, text, samples, images, graphics, product reviews, video, audio and the design, selection and arrangement thereof, are owned by VidaPeluda, its affiliates or licensors and are protected by applicable copyright, trademark and intellectual property laws.
These Terms permit you to use the Services solely for personal and non-commercial purposes.
You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material included in the Services without our prior written consent.
Unless expressly stated otherwise, no provision of these Terms grants or shall be interpreted as granting you any licence or other right in relation to any patents, trademarks, copyrights or other intellectual property belonging to VidaPeluda, Shopify or any third party.
Unauthorised use of the Services may constitute a violation of applicable intellectual property laws.
VidaPeluda reserves all rights not expressly granted under these Terms.
The VidaPeluda name, logos, product and service names, designs and slogans are trademarks belonging to VidaPeluda, its affiliates or licensors.
You must not use these trademarks without VidaPeluda’s prior written consent.
The Shopify name, logo, product and service names, designs and slogans are trademarks belonging to Shopify.
All other names, logos, product and service names, designs and slogans appearing through the Services belong to their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be given access to customer tools provided by third parties over which we have no supervision or control.
You acknowledge and agree that access to such tools is provided on an “as is” and “as available” basis, without warranties, representations, conditions or endorsements of any kind.
We shall have no liability arising from or relating to your use of optional third-party tools.
Your use of any optional third-party tools offered through the website is entirely at your own discretion and risk.
You should ensure that you understand and accept the terms under which those tools are provided by the relevant third-party provider.
We may also offer new features, tools or resources through the Services in the future.
Any such new features, tools or resources shall form part of the Services and shall be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may contain materials, embedded functionality or hyperlinks to websites provided or operated by third parties.
We are not responsible for examining or evaluating the content, accuracy or reliability of third-party materials or websites that you choose to access.
If you leave the Services to access third-party materials or websites, you do so at your own risk.
We shall not be held liable for any harm or damage arising from your access to third-party websites or from your purchase or use of products, services, resources or content available through third-party websites.
Please carefully review the policies, practices and terms of any third party before entering into a transaction with them.
Any complaints, claims, concerns or questions relating to third-party products or services should be directed to the relevant third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
VidaPeluda is powered by Shopify, which enables us to provide the Services to you.
However, any purchase or sale made through our store is entered into directly between you and VidaPeluda.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a transaction between you and VidaPeluda, including any injury, damage or loss arising from products or services purchased through our store.
To the extent permitted by applicable law, you expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or relating to your purchases and transactions with VidaPeluda.
SECTION 10: PRIVACY POLICY
Any personal information collected through the Services is governed by our Privacy Policy, which can be viewed here.
Certain personal information may also be governed by Shopify’s Privacy Policy, which can be viewed here.
By using the Services, you acknowledge that you have read and understood these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services.
To provide the Services, information submitted by you may be transmitted to and shared with Shopify and third parties that may be located in countries other than the country in which you reside.
For more information about how VidaPeluda, Shopify and our partners use your personal information, please review our Privacy Policy.
SECTION 11: FEEDBACK AND USER CONTENT
If you submit, upload, publish, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content, collectively referred to as “Feedback”, you grant us a worldwide, perpetual, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial purposes.
For example, we may use the rights granted under this licence to operate, provide, evaluate, optimise, improve and promote the Services, as well as to fulfil our obligations and enforce our rights under these Terms of Service.
You also represent and warrant that:
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You own or have obtained all rights necessary to submit the Feedback.
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You have disclosed any compensation or incentives received in connection with the Feedback.
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Your Feedback complies with these Terms.
We are under no obligation to:
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Keep your Feedback confidential.
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Provide compensation for your Feedback.
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Respond to your Feedback.
We may, but are not required to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable or in breach of any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not infringe any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights.
You also agree that your Feedback will not contain defamatory, unlawful, abusive or obscene material, computer viruses or other malware that could affect the operation of the Services or any related website.
You must not use a false email address, impersonate another person or otherwise mislead us or third parties about the origin of any Feedback.
You are solely responsible for any Feedback you submit and for its accuracy.
We accept no responsibility or liability for Feedback published by you or by any third party.
SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
Information made available through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, delivery times or product availability.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information where necessary.
Where permitted by applicable law, we may cancel an order if material information relating to that order was clearly incorrect.
Nothing in this section shall affect the statutory rights of consumers or orders that have already been validly confirmed, except where otherwise permitted by applicable law.
SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes.
You must not access or use the Services, directly or indirectly:
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For any unlawful or malicious purpose.
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To violate any international, national, regional or local law, regulation or ordinance.
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To infringe our intellectual property rights or the intellectual property rights of others.
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To harass, abuse, insult, harm, defame, intimidate or discriminate against our employees or any other person.
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To submit false or misleading information.
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To knowingly send, receive, upload, download, use or reuse material that does not comply with these Terms.
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To transmit or arrange the transmission of spam, chain messages, unsolicited communications or similar content.
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To impersonate or attempt to impersonate another person or entity.
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To engage in conduct that restricts or prevents another person from using or enjoying the Services.
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To engage in conduct that we reasonably determine may harm VidaPeluda, Shopify, users of the Services or expose them to liability.
You also agree not to:
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Upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services.
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Reproduce, duplicate, copy, sell, resell or exploit any part of the Services.
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Collect or track the personal information of others without a lawful basis.
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Engage in spam, phishing, pharming, pretexting, web crawling, scraping or similar practices.
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Interfere with or circumvent the security features of the Services, related websites, other websites or the internet.
We reserve the right to suspend, disable or terminate your account or access to the Services if we reasonably determine that you have breached any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or suspend or discontinue your access to all or part of the Services where you breach these Terms, misuse the Services or where termination is otherwise permitted by applicable law.
You will remain responsible for any amounts lawfully owed up to and including the date of termination.
The following provisions shall continue to apply after termination:
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Intellectual Property
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Feedback and User Content
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Termination
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Disclaimer of Warranties
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Limitation of Liability
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Indemnification
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Severability
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Waiver
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Entire Agreement
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Assignment
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Governing Law
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Privacy Policy
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Any other provision which, by its nature, should survive termination
SECTION 15: DISCLAIMER OF WARRANTIES
The information made available through the Services is provided for general informational purposes only.
We do not guarantee the accuracy, completeness or usefulness of this information.
Any reliance you place on such information is at your own risk.
We disclaim responsibility arising from reliance placed on such materials by you, any other visitor to the Services or any person who becomes aware of their contents.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND UNLESS EXPRESSLY STATED OTHERWISE BY VIDAPELUDA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND.
THIS INCLUDES IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW OR RESTRICT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY, RIGHT OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE CONSUMER PROTECTION LAW.
SECTION 16: LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIDAPELUDA, ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT MADE AVAILABLE THROUGH THE SERVICES.
THIS MAY INCLUDE LOSS OF PROFITS, REVENUE, SAVINGS OR DATA, REPLACEMENT COSTS OR SIMILAR LOSSES, WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.
THIS LIMITATION APPLIES EVEN WHERE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY WHERE SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR ANY MANDATORY CONSUMER RIGHTS.
SECTION 17: INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless VidaPeluda, Shopify and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from claims, losses, damages and liabilities, including reasonable legal fees, arising from:
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Your material breach of these Terms of Service or any document incorporated by reference.
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Your violation of applicable law or the rights of a third party.
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Your unlawful or improper access to or use of the Services.
We will notify you of any claim subject to indemnification.
A delay in providing such notice will not release you from your obligations unless the delay has caused you substantial prejudice.
Where permitted by applicable law, we may control the defence and settlement of the claim at your expense, including the appointment of legal counsel.
We will not agree to a settlement that imposes a non-financial obligation on you without your consent, which must not be unreasonably withheld or delayed.
You agree to cooperate in the defence of any claim, including by providing relevant information and documents.
SECTION 18: SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall remain enforceable to the maximum extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms.
Such a determination shall not affect the validity or enforceability of the remaining provisions.
SECTION 19: WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules published by us on this website or in relation to the Services, constitute the entire agreement and understanding between you and us regarding your use of the Services.
They replace any previous or contemporaneous oral or written agreements, communications or proposals between you and us relating to the Services, including any previous version of these Terms of Service.
Any ambiguity in the interpretation of these Terms shall not automatically be interpreted against the party that drafted them.
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.
Any attempted assignment made without our consent shall be invalid.
We may transfer, assign or delegate these Terms and our corresponding rights and obligations where permitted by applicable law, including in connection with a sale, restructuring or transfer of our business.
Nothing in this section shall reduce or affect your statutory consumer rights.
SECTION 21: GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreements through which we provide the Services shall be governed by and interpreted in accordance with the laws of Spain and any applicable European Union legislation.
If you are acting as a consumer, any dispute shall be submitted to the courts and tribunals corresponding to your place of residence, where required by applicable consumer protection law.
If you are not acting as a consumer, the parties agree to submit any dispute to the competent courts of Alicante, Spain, unless otherwise required by applicable law.
SECTION 22: HEADINGS
The headings used in these Terms are included for convenience only and shall not limit or otherwise affect their interpretation.
SECTION 23: CHANGES TO THE TERMS OF SERVICE
You may review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, amend or replace any part of these Terms by publishing an updated version on our website.
Where required by applicable law, we will notify you of material changes.
Such changes shall take effect from the date indicated in the relevant notice or from the date on which the updated Terms are published, as applicable.
Your continued use of or access to the Services after the effective date of any changes constitutes your acceptance of the updated Terms, to the extent permitted by applicable law.
SECTION 24: CONTACT INFORMATION
Any questions regarding these Terms of Service should be sent to:
VidaPeluda
Email: soportevidapeluda@gmail.com
Postal address:
Carrer Tomàs Llàcer 2
03804 Alcoi, Alicante
Spain