Terms of service
Terms of Service
This website is operated by Lucia Gimenez. Throughout the site, the terms "we", "us" and "our" refer to Lucia Gimenez.
Lucia Gimenez provides this website, including all information, tools and services available through it, subject to your acceptance of all the terms, conditions, policies and notices set out here.
By visiting our website and/or purchasing something from us, you engage in our Service and agree to be bound by these Terms of Service ("Terms"), including any additional terms, conditions and policies referred to in this document or available by hyperlink.
These Terms of Service apply to all users of the website, including, without limitation, browsers, customers, merchants, suppliers and contributors of content.
Please read these Terms of Service carefully before accessing or using our website.
By accessing or using any part of the website, you agree to be bound by these Terms of Service.
If you do not agree to all of the terms and conditions contained in this agreement, you must not access the website or use any of our Services.
If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to these Terms of Service.
You can 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 of Service by publishing updates on our website.
It is your responsibility to check this page periodically for changes.
Your continued use of or access to the website following the publication of any changes constitutes acceptance of those changes.
Our online store is hosted by Shopify Inc., which provides us with the e-commerce platform that enables us to sell our products and services.
Online store terms
By using this website, you confirm that you are at least the age of majority in your country or province of residence, or that you are the age of majority and have given your consent to allow any minor dependent on you to use this website.
You may not use our products for any unlawful or unauthorised purpose, nor may you, in using our Services, violate any applicable laws, including copyright laws.
You must not transmit any worms, viruses or any code of a destructive nature.
A breach of any of these Terms will result in the immediate termination of your access to our Services.
General conditions
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (excluding payment card information) may be transferred unencrypted and may involve:
- Transmission across various networks.
- Changes required to conform and adapt to the technical requirements of connecting networks or devices.
Payment card information is always encrypted during transmission across networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, the use of the Service, access to the Service or any contact on the website through which the Service is provided, without our prior written permission.
The headings used in these Terms are included for convenience only and shall not limit or otherwise affect these Terms.
Accuracy, completeness and timeliness of information
We are not responsible if information made available on this website is not accurate, complete or up to date.
The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete or more timely sources of information.
Any reliance on the material available on this website is entirely at your own risk.
This website may contain certain historical information.
Historical information is provided for reference purposes only and may not be current.
We reserve the right to modify the content of this website at any time, but we have no obligation to update any information contained on it.
You acknowledge that it is your responsibility to monitor changes to our website.
Changes to products, services and prices
Prices for our products may change without prior notice.
We reserve the right to modify, suspend or discontinue any part of the Service at any time without prior notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service.
Products and services
Certain products or services may be available exclusively online through our website.
These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have made every effort to display the colours and images of our products as accurately as possible.
However, we cannot guarantee that your device's display will accurately reflect the actual colours.
We reserve the right, but are under no obligation, to limit the sale of our products or Services to any individual, geographical region or jurisdiction.
We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or Services that we offer.
All product descriptions, pricing and availability are subject to change at any time without prior notice, at our sole discretion.
We also reserve the right to discontinue any product at any time.
Any offer made on this website is void where prohibited by law.
We do not guarantee that the quality of any products, Services or information purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.
Billing and account information
We reserve the right to refuse any order placed with us.
At our sole discretion, we may limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed using the same customer account, the same payment card, or the same billing and/or delivery address.
If we amend or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided when the order was placed.
We reserve the right to restrict or prohibit any orders that, in our sole judgement, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our website.
You also agree to promptly update your account details, including your email address, payment information and any other relevant details, so that we can complete your transactions and contact you where necessary.
For further information, please refer to our Return Policy.
Optional tools
From time to time, we may provide you with access to third-party tools over which we neither monitor nor exercise any control.
You acknowledge and agree that such tools are provided "as is" and "as available", without any warranties, representations or conditions of any kind and without endorsement.
We accept no liability whatsoever arising from or relating to your use of any optional third-party tools.
Your use of any optional tools offered through the website is entirely at your own risk and discretion.
You should ensure that you understand and agree to the terms on which those tools are provided by the relevant third-party providers.
We may also introduce new services, features, products or tools in the future. Any such additions shall also be governed by these Terms of Service.
Third-party links
Certain content, products and services available through our Services may include materials supplied by third parties.
Links on this website may direct you to external websites that are not affiliated with Lucia Gimenez.
We are not responsible for examining or evaluating the content, accuracy or policies of any third-party websites, nor do we accept any responsibility or liability for any third-party materials, products or services.
We are not liable for any loss or damage arising from the purchase or use of goods, services, resources or any other transactions made through third-party websites.
Before engaging in any transaction with a third party, we recommend that you carefully review their policies and terms.
Any complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.
User comments, feedback and other submissions
If, at our request, you submit specific materials (such as competition entries), or if you voluntarily send creative ideas, suggestions, proposals, plans or other materials by email, post or any other means (collectively referred to as "Comments"), you agree that we may, at any time and without restriction:
- Edit
- Copy
- Publish
- Distribute
- Translate
- Use your Comments in any medium
We are under no obligation to:
- Keep any Comments confidential.
- Pay compensation for any Comments.
- Respond to any Comments.
We reserve the right, but are under no obligation, to monitor, edit or remove any content that we consider unlawful, offensive, defamatory, abusive, obscene or otherwise objectionable, or which infringes any intellectual property rights or these Terms of Service.
You agree that your Comments will not infringe any third-party rights, including copyright, trade mark, privacy or other personal or proprietary rights.
Your Comments must not contain unlawful, defamatory, abusive or obscene material, computer viruses or any malicious software that could interfere with the operation of our Services or any related website.
You must not use a false email address, impersonate another person or otherwise mislead us or third parties regarding the origin of any Comments.
You are solely responsible for the accuracy and content of any Comments you submit.
We accept no responsibility or liability for Comments posted by you or by any third party.
Personal information
The submission of personal information through our website is governed by our Privacy Policy. Please refer to that policy for further information about how we collect, process and protect your personal data.
Errors, inaccuracies and omissions
From time to time, information on our website or within our Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times or product availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to amend or update information or cancel orders where any information within the Service is inaccurate, at any time and without prior notice, including after an order has been submitted.
Unless required by applicable law, we undertake no obligation to update, amend or clarify information within our Services, including pricing information.
Any date shown indicating when information was last updated should not be interpreted as confirmation that all information has been revised or remains current.
Prohibited uses
In addition to the other prohibitions set out in these Terms of Service, you may not use this website or its content:
- For any unlawful purpose.
- To encourage or assist others in carrying out unlawful acts.
- To breach any international, national, regional or local laws or regulations.
- To infringe our intellectual property rights or those of any third party.
- To harass, abuse, insult, harm, defame, intimidate or discriminate against any individual on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability.
- To submit false or misleading information.
- To upload or transmit viruses or malicious code that could affect the functionality or operation of our Services, any related website or the internet.
- To collect or monitor the personal information of others.
- To send spam, phishing messages or engage in scraping, crawling or similar activities.
- For any obscene or immoral purpose.
- To interfere with or circumvent the security features of our Services or any related website.
We reserve the right to terminate your access to the Services if you breach any of these prohibited uses.
Disclaimer of warranties and limitation of liability
We do not guarantee that your use of our Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results obtained through the use of our Services will be accurate, reliable or meet your expectations.
From time to time, we may suspend or withdraw the Service without prior notice.
Your use of the Service is entirely at your own risk.
Unless expressly stated otherwise, all products and Services are provided "as is" and "as available", without any representation, warranty or condition of any kind, whether express or implied.
This includes, without limitation, any implied warranties of:
- Merchantability.
- Fitness for a particular purpose.
- Durability.
- Title.
- Non-infringement.
To the fullest extent permitted by applicable law, Lucia Gimenez, its directors, employees, affiliates, suppliers and service providers shall not be liable for any direct, indirect, incidental, punitive, special or consequential loss or damage arising from your use of the Service or any products purchased through it.
Where the law does not permit the exclusion or limitation of liability, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Lucia Gimenez, together with our parent companies, subsidiaries, affiliates, partners, directors, officers, employees, agents, contractors, licensors, service providers and suppliers, from and against any claim, demand or legal action, including reasonable legal fees, arising out of:
- Your breach of these Terms of Service.
- Your breach of any applicable law.
- Your infringement of the rights of any third party.
Severability
If any provision of these Terms of Service is found to be unlawful, invalid or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.
Any unenforceable provision shall be deemed severed from these Terms without affecting the validity or enforceability of the remaining provisions.
Termination
The obligations and liabilities of both parties incurred before the termination date shall survive the termination of this agreement.
These Terms of Service remain in effect unless terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our website.
We may terminate or suspend your access to our Services immediately, without notice, if we reasonably believe that you have breached any provision of these Terms.
In such circumstances, you will remain responsible for all outstanding amounts due up to the date of termination.
Entire agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules published on this website, constitute the entire agreement between you and Lucia Gimenez regarding your use of our Services.
They supersede all previous or contemporaneous agreements, communications and proposals, whether oral or written.
Any ambiguity in the interpretation of these Terms shall not be interpreted against the drafting party.
Governing law
These Terms of Service and any separate agreements under which we provide our Services shall be governed by and interpreted in accordance with the applicable laws of the jurisdiction in which our business operates.
Changes to these 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, at our sole discretion, to update, amend or replace any part of these Terms by publishing changes on our website.
It is your responsibility to check this page periodically.
Your continued use of our website following the publication of any amendments constitutes acceptance of those changes.
Contact us
If you have any questions regarding these Terms of Service, please contact us:
Lucia Gimenez
Email: info.luciagimenez@gmail.com
SMS marketing and notifications
By choosing to receive SMS marketing during checkout or by subscribing through one of our subscription forms, you agree to receive recurring text messages relating to your orders, including reminders about abandoned baskets, transactional notifications and promotional offers.
Message frequency may vary.
Your consent to receive marketing messages is not a condition of making a purchase.
You may unsubscribe at any time by replying STOP to any SMS you receive from us or by using the unsubscribe link included in our messages.
Alternative methods of opting out may not be recognised.
We do not charge for this messaging service. However, your mobile network provider may apply standard message or data charges.
For assistance, reply HELP to any message you receive or contact us at:
We reserve the right to change any telephone number or short code used to operate the messaging service at any time. Where this occurs, we will notify you accordingly.
To the fullest extent permitted by law, we shall not be liable for delayed, failed or misdirected delivery of SMS messages, nor for any actions taken in reliance upon information contained within those messages.
For information about how we collect and process your personal data, please refer to our Privacy Policy.