TERMS OF SERVICE

OVERVIEW

Welcome to Guadarnés. The terms "we," "us," and "our" refer to Guadarnés. Guadarnés 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").

The following terms and conditions, together with any policies referenced herein (the "Terms of Service" or "Terms"), describe 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 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 your state or province of residence, and that you have given consent for any minors in your care 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 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 rights necessary 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, or assign your account to another person, nor grant licenses associated with that account.

SECTION 2: OUR PRODUCTS

We have made every effort to display our products and services accurately in our online stores. However, you should be aware that colors or the appearance of a product 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 warrant that the appearance or quality of any products or services you purchase will meet your expectations or be identical to what is shown 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 we may limit the quantities of products offered to any person, geographic region, or jurisdiction, as applicable.

SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. Guadarnés reserves the right to accept or refuse your order for any reason at its sole discretion. Your order is not accepted until Guadarnés confirms acceptance. We must receive and process your payment for your order to be accepted. Please review your order carefully before shipment, as Guadarnés may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, in any way modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided when the order was placed.

Your purchases are subject to returns or exchanges solely in accordance with our Refund Policy.

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, as stated in the order confirmation email you receive. 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 those offered in physical stores, online stores, or other stores operated by third parties. From time to time, we may offer promotions related to the Services that may affect prices and are governed by terms and conditions different from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms under which the purchase was made 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 and other details, such as your email address and credit card numbers and expiration dates, so that we can complete your transactions 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 authorized to use such 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 applicable shipping, handling, and taxes, if any.

SECTION 5: SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we deliver the products to the carrier, title and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and their design, selection, and arrangement, are the property of Guadarnés, its affiliates, or licensors, and are protected by United States and foreign copyright and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, include in public demonstrations, republish, download, store, or transmit material included in the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms grants or shall be construed as granting any license or other right to you with respect to any patents, trademarks, copyrights, or other intellectual property of Guadarnés or third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Guadarnés reserves all rights not expressly granted herein.

Guadarnés' names, logos, product and service names, designs, and slogans are trademarks of Guadarnés, its affiliates, or licensors. You may not use such trademarks without Guadarnés' prior written consent. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS

As part of the Services, you may be given access to third-party client tools that we do not monitor, control, or have any involvement with.

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 will have no liability arising from your use of optional third-party tools.

Your use of any optional third-party tools offered through the site is entirely at your own risk, and you should ensure that you are familiar with and approve of the terms under which such tools are provided by third-party providers.

We may also, in the future, offer new features through the Services (including the release of new tools and resources). These 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 links to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, and do not warrant the accuracy of, any third-party materials or websites you may choose to access. If you choose to leave the Services to access such third-party materials or sites, you do so at your own risk.

We are not liable for any harm or damage related to your access to third-party websites, or to your purchase or use of any products, services, or resources from third-party websites. Carefully review third-party policies and practices, 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 applicable third party.

SECTION 9: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read this policy.

SECTION 10: FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under the Terms of Service.

You also represent and warrant that: (i) you own all rights necessary to provide the Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation to (1) keep your Feedback confidential; (2) compensate you for your Feedback; or (3) respond to your Feedback.

We may, without any obligation to do so, monitor, edit, or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or computer viruses or other malware that could affect the operation of the Services or any related website in any way. You may not use a false email address, impersonate any other person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We are not responsible for Feedback posted by you or any third party.

SECTION 11: ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or related to the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, 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 12: 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 unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person; (e) to submit 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 procure the sending of "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; (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 Guadarnés or users of the Services, or expose them to liability.

You further agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used or is capable of affecting the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) send spam, engage in phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate, suspend, or disable your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 13: TERMINATION

We may terminate this agreement or discontinue your access to the Services (or any part thereof) at our sole discretion, at any time, without notice, and you may remain liable for all amounts due up to and including the date of termination.

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision which by its nature should survive termination.

SECTION 14: DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any visitor to the Services, or by anyone who may be informed of any of its content.

UNLESS OTHERWISE EXPRESSLY STATED BY GUADARNÉS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS 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 OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 15: LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GUADARNÉS, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS 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, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS OF ANY KIND, 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 16: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Guadarnés and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party arising from: (1) your breach of these Terms of Service or the documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services.

We will notify you of any claim subject to indemnification, provided that failure to promptly notify you will not relieve you of your obligations except to the extent you have been materially prejudiced. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably delayed). You will cooperate in the defense of any claim subject to indemnification, including by providing relevant documents.

SECTION 17: SEVERABILITY

If 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 or enforceability of any other provision.

SECTION 18: 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, together with any policies or operating rules we post on this site or with respect to the Services, constitute the entire agreement and understanding between you and us, govern your use of the Services, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, 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 19: ASSIGNMENT

You may not assign, transfer, or delegate this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may assign, transfer, or delegate these Terms and any rights and obligations hereunder without your consent or notice to you.

SECTION 20: GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you the Services shall be governed by and construed in accordance with the laws of, and subject to the exclusive jurisdiction of the federal, state, or territorial courts located in, the jurisdiction where Guadarnés is based. You and Guadarnés hereby submit to the personal jurisdiction of such courts.

SECTION 21: HEADINGS

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

SECTION 22: 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, 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 as required by applicable law, and such changes will become effective as of 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 23: CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at infoguadarnes@gmail.com.