Terms of service

GENERAL INFORMATION
Welcome to Mi tienda! The terms “we”, “us” and “our” refer to Mi tienda. Mi tienda operates this shop and website, including all information, content, features, tools, products and related services to provide you, the customer, with a premium shopping experience (the “Services”). Mi tienda is powered by Shopify, which enables us to provide you with the Services.
The following terms and conditions, together with any policies referred to herein (these “Terms of Service” or “Terms”), set out 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 warranty, disclaimer 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 [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you declare that you are at least of legal age in your state or province of residence and that you have given us your consent to allow any of your minor dependants to use the Services on the devices you own, purchase or manage.
To use the Services, including accessing or browsing our online shops 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 delivery details. You represent and warrant that all information you provide in our shop is accurate, up to date and complete, and that you have all the 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 licence your account to any other person.

SECTION 2 – OUR PRODUCTS
We have made every effort to ensure that our products and services are accurately displayed in our online shop. However, please note that the colours or appearance of the product may differ from how they are displayed on your screen, depending on the type of device you use to access the shop 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 exactly as shown or described in our online shops.
All product descriptions may be amended 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, geographical region or jurisdiction, on a case-by-case basis.

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

SECTION 4 – PRICES AND INVOICING
Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service will be the price in force at the time the order is placed and will be stated in the order confirmation sent to you by email. Unless expressly stated otherwise, published prices do not include tax, delivery charges, handling fees, customs duties or import charges.
Prices published on our online shops may differ from those offered in our physical shop, on our online shop or on other shops operated by third parties. From time to time, we may offer promotions on the Services which may affect pricing strategies and which 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 shall prevail
You agree to provide up-to-date, complete and accurate purchase, payment and account details for all purchases made in our shops. You agree to update your account and other details promptly, including your email address, credit card numbers and expiry dates, so that we can complete your transaction and contact you as necessary.
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) the charges incurred will be authorised by your credit card issuer, and (iv) you will pay the charges incurred at the published prices, including postage and handling costs and any applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for any delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We shall not be liable for delays caused by the carrier, customs procedures or events beyond our control. Once we have handed over the goods to the carrier, title and the risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all registered trademarks, trade marks, text, samples, images, graphics, product reviews, videos and audio, and the design, selection and arrangement thereof, are the property of Mi tienda, its affiliates or licensors and are protected by US and foreign patents, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Unless expressly provided for herein, nothing in these Terms grants, or shall be construed as granting, any licence or other rights to you under any patent, trade mark, copyright or other intellectual property of Mi tienda, Shopify or any third party. Unauthorised use of the Services may constitute a breach of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Mi tiendaThe names, logos, product and service names, designs and slogans of Mi tienda are registered trademarks of Mi tienda or its affiliate or licensor. You must not use such registered trademarks without the prior written permission of Mi tienda. The name, logo, product and service names, designs and slogans of Shopify are registered trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be provided with access to third-party client tools as part of the Services, which we do not monitor, control or contribute to in any way.
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 shall have no liability arising from or in connection with your use of the optional third-party tools.
Any use you make of the optional tools offered via the site is entirely at your own risk and discretion, and you must ensure that you are familiar with and agree to the terms under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, introduce new features via the Services (including the launch of new tools and resources). These new features shall also be deemed 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 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 materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We shall not be liable for any loss or damage arising from 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 ensure you understand them before entering into any transaction. Any complaints, claims, queries or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO THE ENTREPRENEUR: this section accurately describes Shopify’s relationship with your shop and must not be deleted or amended.]
Mi tienda operates using Shopify’s technology, which enables us to provide you with the Services. However, any sale or purchase you make in our shop is made directly with Mi tienda. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Mi tienda, 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 liability arising from or relating to your purchase and transaction with Mi tienda.

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.
As 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. Any 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 the one in which you reside, for the purpose of providing the Services to you. Please review our Privacy Policy [LINK] for further 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, comments, reviews, proposals, plans or other content (collectively referred to as ‘comments’), you grant us a perpetual, worldwide, sub-licensable and royalty-free licence 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 licence to operate, provide, evaluate, improve, optimise and promote the Services, and to fulfil our obligations and exercise our rights in accordance with the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights in all comments; (ii) you have disclosed any compensation or incentive received in connection with the submission of your comment; and (iii) your comment complies with these Terms. We have no obligation, nor shall we have any obligation, (1) to maintain the confidentiality of your comment; (2) to pay any compensation for your comment; or (3) to respond to your commentWe may, but are under no obligation to, monitor, edit or remove comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise unacceptable, or which infringe any party’s intellectual property rights or these Terms of Service.
You agree that your comment will not infringe any rights of any third party, including copyright, trade mark, privacy, personality or other personal or proprietary rights. Furthermore, you agree that your comment will not contain defamatory or otherwise unlawful, abusive or obscene remarks, nor will it contain any computer virus or other malware that may in any way affect the operation of the Services or any related website. You must not use a false email address, impersonate any person other than yourself, or mislead us or any third party as to the origin of any comment. You are solely responsible for any comments you make and for their accuracy. We accept no liability for any comments posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on or within the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing strategies, promotions, offers, product delivery 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 solely for lawful purposes. You must not access or use the Services, either directly or indirectly: (a) for any unlawful or malicious purpose; (b) to contravene any regulation, rule, international, federal, provincial or state law, or local by-law; (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 cause harm to any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or arrange for the transmission of any advertising or promotional material, including any ‘spam’, ‘chain letters’, ‘junk mail’ or any other similar solicitations; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits any person’s use or enjoyment of the Services, or which, in our view, may harm Mi tienda, Shopify or users of the Services, or expose them to any form of liability.

Furthermore, 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, extract, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) to spam, phish, pharm or pretext the Services; (e) to use any robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, artificial intelligence tools (such as agent-based AI) or automated or manual means to access the Services; or (f) interfere with, circumvent or bypass security or authorisation features, robot exclusion headers or other measures we employ to restrict access to the Services. We reserve the right to suspend, deactivate or terminate your account at any time, without prior notice, if we determine that you have breached 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 which may run 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 is identified 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 restrict, including by applying technical measures, any Agent’s access to, use of and interaction with the Services, and the manner in which this is carried out14.4 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 user-agent field of the request: “Agent/[agent name]”; (ii) not conceal or create confusion as to whether any access, use or interaction originates from a Bot, such as by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed 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 evade any measures designed to block, limit, modify or control whether Agents access, use or interact with the Services and how they do so.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 prior notice, and you shall remain liable for all amounts due up to and including the date of termination.
The following sections shall continue to apply following any termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Disputes, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions which, by their nature, are intended to survive termination.SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented on or via the Services is provided for general information purposes only. We do not guarantee 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 arising from any reliance placed on such materials by you or any other visitor to the Services, or by any person who may be made aware of any of its Content.
UNLESS EXPRESSLY STATED BY THE [ENTREPRENEUR], 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, WHETHER 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 ASSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE [ENTREPRENEUR], OUR PARTNERS, DIRECTORS, EXECUTIVES, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
SECTION 18 – INDEMNIFICATION You agree to indemnify, defend and hold harmless Mi tienda, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including legal fees, payable to any third party arising out of or in connection with (1) your breach of these Terms of Service or the documents incorporated by reference herein, (2) your breach 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 for which you are liable to indemnify us; however, failure to notify you promptly shall not relieve you of your obligations unless you suffer material prejudice. We may manage the defence and settlement of such a claim at your expense, including the choice of lawyer, but we will not settle any claim involving non-monetary obligations on your part without your consent (which shall not be withheld without good cause). You shall cooperate in the defence of indemnity claims, including by providing relevant documents.

SECTION 19 – INVALIDITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms of Service; such a finding shall not affect the validity and enforceability of the 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 published by us on this site or in respect of 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 null and 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 agreement under which we provide Services to you shall be governed by and construed in accordance with the federal, state or territorial courts of the jurisdiction in which Mi tienda is based. You and Mi tienda hereby submit to the jurisdiction and personal competence of such courts.

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

SECTION 24 – CHANGES TO THE TERMS OF SERVICE
You can review the most up-to-date version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms of Service by publishing the updated and amended version on our website. It is your responsibility to check our website periodically for any 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 publication of any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 25 – CONTACT INFORMATION
Enquiries regarding the Terms of Service should be sent to zenithmoda31@gmail.com. 
Our contact details are set out below:
[Zenitmoda ] 
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS TELEPHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]