Terms of service

OVERVIEW
Welcome to AVA & SSILAQUÉ. The terms “we”, “us” and “our” refer to AVA & SSILAQUÉ. AVA & SSILAQUÉ operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). AVA & SSILAQUÉ is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced in them (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 matters including disclaimers and limitations of liability.

By viewing, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (https://avassilaque.com/policies/privacy-policy). 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 agreeing to 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 us your consent to allow any of your minor dependants to use the Services on devices that 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 required to provide certain information, such as your email address, billing address, payment information and shipping address. You represent and warrant that all information you provide is accurate, current and complete and that you have all rights necessary to provide it.
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 accurately in our online stores. However, product colours or appearance may differ from how they appear on your screen due to your device and its settings.
We do not warrant that the appearance or quality of products or services purchased by you will meet your expectations or be identical to their representation 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 may limit the quantities offered to any person, geographic region or jurisdiction.

SECTION 3: ORDERS
When you place an order, you make an offer to purchase. AVA & SSILAQUÉ reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until AVA & SSILAQUÉ confirms acceptance. We must receive and process payment before an order is accepted. Please review your order carefully before submitting it, as AVA & SSILAQUÉ may be unable to accommodate cancellation requests once an order has been accepted. If we reject, modify or cancel an order, we will attempt to notify you using the email address, billing address or telephone number provided with the order.
Purchases may be returned or exchanged only in accordance with our Refund Policy (https://avassilaque.com/policies/refund-policy).
You represent and warrant that purchases are for personal or household use only and not for commercial resale or export.

SECTION 4: PRICES AND BILLING
Prices, discounts and promotions may change without notice. The price charged will be the price in effect when the order is placed and will appear in your order confirmation email. Unless expressly stated otherwise, listed prices exclude taxes, shipping, handling, customs and import charges.
Prices in our online stores may differ from prices offered in physical stores, other online stores or stores operated by third parties. We may offer promotions governed by terms separate from these Terms. If promotional terms conflict with these Terms, the promotional terms prevail.
For all purchases, you agree to provide current, complete and accurate purchase, payment and account information and to update it promptly so that we can complete transactions and contact you when necessary.
You represent and warrant that: (i) the card information supplied is true, correct and complete; (ii) you are authorised to use the card; (iii) the card issuer will honour the charges; and (iv) you will pay all charges at the stated prices, including applicable shipping, handling and taxes.

SECTION 5: SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. 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 products are handed to the carrier, title and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY
Our Services, including trademarks, brands, text, displays, images, graphics, product reviews, video, audio and their design, selection and arrangement, are owned by AVA & SSILAQUÉ, its affiliates or licensors and are protected by applicable intellectual-property laws.
These Terms permit you to use the Services only for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent. Nothing in these Terms grants you any licence or right in any patent, trademark, copyright or other intellectual property belonging to AVA & SSILAQUÉ, Shopify or any third party. Unauthorised use may violate intellectual-property laws. All rights not expressly granted are reserved.
The AVA & SSILAQUÉ name, logos, product and service names, designs and slogans are trademarks of AVA & SSILAQUÉ, its affiliates or licensors and may not be used without prior written consent. Shopify’s names, logos, product and service names, designs and slogans are trademarks of Shopify. All other marks belong to their respective owners.

SECTION 7: OPTIONAL TOOLS
The Services may provide access to third-party customer tools over which we have no monitoring, control or input.
You acknowledge that such tools are provided “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We have no liability arising from your use of optional third-party tools.
Your use of optional third-party tools is entirely at your own risk. You must ensure that you understand and approve the terms on which the relevant provider supplies them.
We may offer new features, tools and resources in the future. They will form part of the Services and will be subject to these Terms.

SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating third-party materials or websites, or for their accuracy. If you leave the Services to access third-party materials or websites, you do so at your own risk.
We are not liable for harm or damage relating to your access to third-party websites or your purchase or use of third-party products, services or resources. Review third-party policies and practices carefully before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products or services must be directed to the relevant third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes Shopify’s relationship with your store and must not be removed or modified.]
AVA & SSILAQUÉ is powered by Shopify, which enables us to provide the Services. However, any sale or purchase made through our store is made directly with AVA & SSILAQUÉ. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and AVA & SSILAQUÉ, including injury, damage or loss caused by products or services purchased. You expressly release Shopify and its affiliates from all claims, damages and liability arising out of or relating to your purchases and transactions with AVA & SSILAQUÉ.

SECTION 10: PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy, available at https://avassilaque.com/policies/privacy-policy, and certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information concerning your access to and use of the Services in order to provide and improve them. Information submitted through the Services may be transmitted to and shared with Shopify and third parties located in countries other than your country of residence. For further information about how we, Shopify and our partners use personal information, review our Privacy Policy at https://avassilaque.com/policies/privacy-policy.

SECTION 11: FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any purpose, including commercial use. We may use Feedback to operate, provide, evaluate, optimise, improve and promote the Services and to perform our obligations and exercise our rights under these Terms.
You represent and warrant that: (i) you own all necessary rights in the Feedback; (ii) you have disclosed any compensation or incentive received in connection with it; and (iii) the Feedback complies with these Terms. We have no obligation to keep Feedback confidential, compensate you for it or respond to it.
We may, but are not obliged to, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, otherwise objectionable or in violation of intellectual-property rights or these Terms.
Your Feedback must not violate third-party rights, contain unlawful, abusive or obscene material, or contain malware. You must not use a false email address, impersonate another person or mislead us or third parties as to the origin of Feedback. You are solely responsible for your Feedback and its accuracy. We accept no responsibility for Feedback posted by you or by any third party.

SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
Information in or relating to the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct errors, inaccuracies or omissions, change or update information, or cancel orders if information is inaccurate, at any time and without prior notice, including after an order has been placed.

SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use them, directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial, state or local law or regulation; (c) to infringe our intellectual-property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to upload, download, use or reuse material that does not comply with these Terms; (g) to transmit unsolicited messages, chain letters, spam or similar material; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in conduct that restricts another person’s use or enjoyment of the Services or may harm or expose AVA & SSILAQUÉ, Shopify or users of the Services to liability.
You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent security features of the Services, related websites, other websites or the Internet. We may suspend, disable or terminate your account without notice if we determine that you have breached these Terms.

SECTION 14: TERMINATION
We may terminate this agreement or discontinue your access to all or any part of the Services at our sole discretion at any time without notice. You remain liable for all amounts due up to and including the date of termination.
The following provisions survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any provision which by its nature should survive.

SECTION 15: DISCLAIMER OF WARRANTIES
Information made available through the Services is provided for general information only. We do not warrant its accuracy, completeness or usefulness. Any reliance on it is at your own risk. We disclaim liability arising from reliance on such materials by you, any other visitor to the Services or anyone informed of their contents.
UNLESS EXPRESSLY STATED OTHERWISE BY AVA & SSILAQUÉ, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16: LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, AVA & SSILAQUÉ, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICE OR PRODUCT OR FROM ANY CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17: INDEMNIFICATION
You agree to indemnify, defend and hold harmless AVA & SSILAQUÉ, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees payable to a third party, arising from: (1) your breach of these Terms or documents incorporated by reference; (2) your violation of any law or third-party right; or (3) your access to or use of the Services.
We will notify you of an indemnifiable claim, provided that failure to notify you promptly will relieve you of your obligations only where you have been materially prejudiced. We may control the defence and settlement of the claim at your expense, including selection of counsel, but will not settle a claim imposing non-monetary obligations on you without your consent, which must not be unreasonably delayed. You will cooperate in the defence, including by providing relevant documents.

SECTION 18: SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, it will be enforceable to the fullest extent permitted by applicable law and the unenforceable portion will be deemed severed. This determination will not affect the validity and enforceability of any remaining provision.

SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and any policies or operating rules posted by us on this site or relating to the Services constitute the entire agreement and understanding between you and us, govern your use of the Services and supersede prior or contemporaneous oral or written agreements, communications and proposals, including previous versions of these Terms.
Any ambiguity in interpreting these Terms will not be construed against the drafting party.

SECTION 20: ASSIGNMENT
You may not delegate, transfer or assign this agreement or any rights or obligations under these Terms without our prior written consent, and any attempted assignment is void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21: GOVERNING LAW
These Terms and any separate agreements through which we provide Services are governed by and construed under the laws and the federal and state or territorial courts of the jurisdiction in which AVA & SSILAQUÉ is located. You and AVA & SSILAQUÉ submit to the venue and personal jurisdiction of those courts.

SECTION 22: HEADINGS
Headings are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 23: CHANGES TO THE TERMS OF SERVICE
You may review the most current version of these Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes on our website. You are responsible for checking our website periodically. We will notify you of any material changes as required by applicable law, and those changes will take effect on the date specified in the notice. Continued use of or access to the Services after changes are posted constitutes acceptance of the revised Terms.

SECTION 24: CONTACT INFORMATION
Questions about these Terms of Service should be sent to info@avassilaque.com.
Our contact information is published below:
AVA & SSILAQUÉ
info@avassilaque.com
Calle Urbi 23-BJ, 48970 Basauri, Biscay, Spain
605937105
[INSERT COMPANY REGISTRATION NUMBER]
[INSERT VAT NUMBER]