Terms of service

 

GENERAL INFORMATION

Welcome to Respirando Cacao. The terms "we," "us," and "our" refer to Respirando Cacao. Respirando Cacao operates this store and website, including all related information, content, features, tools, products, and services to offer you, the customer, a curated shopping experience (the "Services"). Respirando Cacao uses Shopify Technology, which allows us to offer you the Services.

The following terms and conditions, together with any policies referenced in this document (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty, disclaimer of liability, and limitation of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or Privacy Policy, you must not use or access 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 your state or province of residence and have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete and that you have all necessary rights to provide this information. You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS We have made every effort to display our products and services as accurately as possible in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and its settings. We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be the same as how it is shown or presented in our online stores. All product descriptions may be modified at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any product we offer to any person, geographic area, or jurisdiction, individually.

SECTION 3 – ORDERS When you place an order, you are making an offer to purchase. My Store reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until My Store confirms its acceptance. We must receive and process your payment before accepting your order. You should review your orders carefully before completing the purchase, as My Store may not be able to process a cancellation request after an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you via the email address, billing address, or phone number you provided at the time the order was placed. You may return or make changes to your purchase only in accordance with our refund policy [LINK]. You represent and warrant that your purchase is for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES 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 indicated in the order confirmation sent to you by email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs, or import charges. Prices published in our online stores may differ from prices offered in a physical store or in the online store or other stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect pricing strategies and that are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transaction and communicate with 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 said credit card for the purchase, (iii) charges incurred will be honored by your credit card company, and (iv) you will pay the charges incurred at the published prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY We are not responsible for any shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by the carrier, customs processing, or events beyond our control. Once we transfer products to the carrier, title and risk of loss are transferred to you.

SECTION 6 – INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, marks, text, samples, images, graphics, product reviews, videos, and audio, and the design, selection, and arrangement thereof, are the property of My Store, its affiliates, or licensors and are protected by U.S. and foreign patents, copyrights, and other intellectual property laws. These Terms allow you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of My Store, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by My Store. The names, logos, product and service names, designs, and slogans of My Store are trademarks of My Store or its affiliates or licensors. You may not use such trademarks without the prior written permission of My Store. 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 You may be provided access to third-party customer tools as part of the Services, which we do not monitor and over which we have no control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use you make of the 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 under which the tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including the launch of new tools and resources). Such new features shall also be considered part of the Services and 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 any functionality embedded by third parties). We are not responsible for examining or evaluating the content or accuracy of any third-party material or website you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk. We will not be liable for any harm or damages related to your access to any third-party website, or your purchase or use of any product, service, resource, or content on any third-party website. Please review the third party's 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 third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY [NOTE FOR ENTREPRENEUR: this section accurately characterizes Shopify's relationship with your store and should not be removed or modified.] My Store operates using Shopify technology, which allows us to offer you the Services. However, any sale or purchase you make in our store is made directly with My Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and My Store, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase and transaction with My Store.

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 be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve our Services. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in a country other than where you reside, for the purpose of providing you the services. Review our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal information.

SECTION 11 – COMMENTS If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as "comments"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such comments in any medium for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service. You also represent and warrant that: (i) you own or have all necessary rights over all comments; (ii) you have disclosed any compensation or incentive received in connection with the submission of your comments; and (iii) your comments comply with these Terms. We have no obligation (1) to maintain the confidentiality of your comments; (2) to pay compensation for your comments; or (3) to respond to your comments. We may, but are not obligated to, monitor, edit, or remove comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate the intellectual property of any party or these Terms of Service. You agree that your comments will not infringe any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, you agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor will they contain 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 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 assume no responsibility for any comments posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS Occasionally there may be information on or through the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing strategies, 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 placed 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 illegal or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other 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 My Store, Shopify, or users of the Services, or expose them to any liability. Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data collection and extraction tools, devices or automated processes, artificial intelligence tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass any security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS 14.1 This section ("Agent Terms") applies if you use, permit, enable, or cause the deployment of an Agent to access, use, or interact with any Service. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or entity and that may operate on behalf of or using that person's device, without direct supervision. 14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service. 14.3 We may limit, including through technical measures, the access, use, and interaction of any Agent with the Services and how it does so. 14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request originates from an Agent and disclose the Agent's name by including the following in the request's user-agent field string: "Agent/[agent name]"; (ii) not conceal or create confusion about the fact that any access, use, or interaction originates from an Agent, such as (a) mimicking human behavior and interaction patterns, or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or instruction seeking to determine whether interactions originate from a human or a computer; (iv) not circumvent or otherwise avoid any measures intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 – TERMINATION We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain responsible for all amounts owed up to and including the date of termination. The following sections will continue to apply after any termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES The information presented on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its Contents. UNLESS [ENTREPRENEUR] EXPRESSLY STATES OTHERWISE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "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, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [ENTREPRENEUR], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND 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, LOST DATA, COST OF REPLACEMENT, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 – INDEMNIFICATION You agree to indemnify, defend, and hold harmless My Store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including attorneys' fees, payable to any third party due to or arising out of (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 indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you suffer material prejudice. We may control the defense and resolution of such claim at your expense, including the choice of counsel, but we will not settle any claim that entails non-monetary obligations on your part without your consent (which will not be unreasonably withheld). You will cooperate in the defense of indemnification claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless 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 remaining provisions.

SECTION 20 – WAIVER; 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 operating rules posted by us on this site or with respect 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 prior 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 21 – 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 such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 – GOVERNING LAW These Terms of Service and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction where My Store is headquartered. You and My Store consent to the personal jurisdiction and venue of such courts.

SECTION 23 – HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO 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, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on 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 25 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to: respirandocacao995@gmail.com

Below is our contact information:

Respirando Cacao respirandocacao995@gmail.com Calle 5ª A # 1-53, Santa Elena, VAC, 763527, CO