Términos del servicio

GENERAL INFORMATION

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

The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when using 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 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 with these Terms of Service or Privacy Policy, you should 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 the 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 required 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 correct, current and complete and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and all activity in 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 accurately in our online store. However, please note that colors or the appearance of the product may differ from how they are displayed 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 displayed or presented in our online stores.

All product descriptions may be modified at any time without notice at our sole discretion. We reserve the right to discontinue selling 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. ChromaByRee reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until ChromaByRee confirms acceptance. We must receive and process your payment before accepting your order. You should review your orders carefully before making a purchase, as ChromaByRee may not be able to process a cancellation request after an order has been accepted. In the event we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting you via the email, 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 email sent to you. 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 physical stores or in online 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 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 accepted 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 transfer to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, videos and audio, and the design, selection and arrangement thereof, are the property of ChromaByRee, its affiliate or licensor and are protected by U.S. and foreign patents, copyrights and other intellectual property laws.

These Terms allow you to use the Services only for 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 is to be construed as granting you a license or other rights under any patent, trademark, copyright or other intellectual property of ChromaByRee, 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 ChromaByRee.

The names, logos, product and service names, designs and slogans of ChromaByRee are trademarks of ChromaByRee or its affiliate or licensor. You may not use such trademarks without prior written permission from ChromaByRee. 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 with access to customer tools offered by third parties as part of the Services, which we do not monitor or have any control over or input into.

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

Any use you make of optional tools offered through the site is entirely at your own risk and discretion and you should ensure you are familiar with and approve the terms under which 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). These new features will 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 materials or website you choose to access. If you choose 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 damage or harm related to your access to any third-party website, or your purchase or use of any products, services, resources or content on any third-party website. Please review carefully the third party's 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 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.]

ChromaByRee operates using Shopify technology, which enables us to offer you the Services. However, any sale or purchase you make in our store is made directly with ChromaByRee. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and ChromaByRee, 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 related to your purchase and transaction with ChromaByRee.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be found 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 and use of the Services to provide and improve our Services. Information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties who may be located in a country other than where you reside, in order to provide you with services. Review our Privacy Policy [LINK] for more information about 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 called "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 pursuant to 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 submitting your comment; and (iii) your comment complies with these Terms. We have no and will have no obligation to (1) maintain the confidentiality of your comment; (2) pay compensation for your comment; or (3) respond to your comment.

We may, but have no obligation 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 right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You also 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 in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing strategies, promotions, offers, product shipping charges, transit time 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 notice (including after you have submitted 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 re-use 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) engage in any other conduct that restricts or inhibits any person's use or enjoyment of the Services, or which, as we determine, may harm ChromaByRee, Shopify or users of the Services, or expose them to any type of liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, 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, AI tools or automated or manual means to access the Services; or (f) interfere with or circumvent the security features or authorization, robots exclusion header or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable or cancel your account at any time, without notice, if we determine 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.

14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict conformance with the requirements of section 14.4 below. Additionally, 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 by applying 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 comes from an Agent and disclose the Agent's name; (ii) not conceal or create confusion about the fact that any access, use or interaction comes from an Agent; (iii) truthfully respond to any question or instruction seeking to determine whether interactions come from a human or computer; (iv) not circumvent or otherwise avoid 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 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 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 EXPRESSLY INDICATED BY CHROMABYREE, 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.

SECTION 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHROMABYREE, 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, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless ChromaByRee, 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 they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access and use of the Services.

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 in 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.

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 will 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 whereby we provide you Services shall be governed by and construed in accordance with applicable federal and state or territorial courts of the jurisdiction where ChromaByRee is based. You and ChromaByRee 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 may 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 after 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 chromabyree@gmail.com.

 

Our contact information:

 

ChromaByRee

chromabyree@gmail.com

Colombia