Terms of service
GENERAL DESCRIPTION
Welcome to Margarita3D2. The terms "we," "us," and "our" refer to Margarita3D2. Margarita3D2 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"). Margarita3D2 uses Shopify technology to provide you with the Services.
The following terms and conditions, together with all 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. 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 the state or province where you reside, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing our online stores, browsing them, or purchasing any product or service we offer, you may be required 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 necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity under 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 accurately represent our products and services in our online stores. However, you should be aware that product colors or appearance 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 guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those displayed 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 any products we offer to any person, geographic region, or jurisdiction, as applicable.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. Margarita3D2 reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Margarita3D2 confirms its acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as Margarita3D2 may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, 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 only 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 commercial export.
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 and will be stated in the order confirmation email you receive. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs clearance, or import charges.
The 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 through the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
For all purchases made through 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 your credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provided is true, accurate, and complete; (ii) you are duly authorized to use the credit card for the purchase; (iii) your credit card company will honor the charges you incur; 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 shipping or delivery delays. 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 of loss 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 the design, selection, and arrangement thereof, are the property of Margarita3D2, its affiliates, or licensors and are protected by U.S. and foreign copyright and other 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 any material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other rights under any patents, trademarks, copyrights, or other intellectual property of Margarita3D2, Shopify, or third parties. Unauthorized use of the Services may violate federal and state intellectual property laws. Margarita3D2 reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of Margarita3D2 are trademarks of Margarita3D2, its affiliates, or licensors. You must not use these trademarks without the prior written consent of Margarita3D2. 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 appearing in the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be provided access to customer tools offered by third parties over which we neither monitor, control, nor contribute.
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 assume no liability arising from or relating to 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 discretion, and you should ensure that you are familiar with and approve of the terms on which the relevant third-party providers make such tools available.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such 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 embedded third-party functionality). We are not responsible for examining or evaluating, nor do we warrant the accuracy of, third-party materials or websites that you choose to access. If you decide to leave the Services to access such materials or third-party websites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites or your purchase or use of products, services, or resources from such third-party websites. Please review third-party policies and practices carefully 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: RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
Margarita3D2 uses Shopify technology to provide you with the Services. However, any sale or purchase made in our store is conducted directly with Margarita3D2. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that take place between you and Margarita3D2, including injuries, damages, or losses arising from products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or relating to your purchases and transactions with Margarita3D2.
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 also be subject to Shopify's Privacy Policy, which can be found 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 related to your access to and use of the Services in order to provide and improve the Services for you. To provide you with services, the information you submit to the Services will be transferred to and shared with Shopify and third parties that may be located in countries where you do not reside. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy.
SECTION 11: COMMENTS
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, "Comments"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any media 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 necessary rights to all Comments; (ii) you have disclosed any compensation or incentives received in connection with your submission of Comments; and (iii) your Comments comply with these Terms. We are under no obligation to (1) maintain your Comments in confidence; (2) pay compensation for your Comments; or (3) respond to your Comments.
We may, but have no obligation to, monitor, edit, or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party's intellectual property rights or these Terms of Service.
You agree that your Comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Comments will not contain libelous, unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise 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 take no responsibility and assume no liability for any Comments posted by you or any third party.
SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information on or in the Services may contain typographical errors, inaccuracies, or omissions that may relate 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 in the Services is inaccurate at any time without prior 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 unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local law, regulation, or ordinance; (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, or intimidate our employees or any other person; (e) to submit false or misleading information; (f) to 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 person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, as determined by us, may harm Margarita3D2, Shopify, or users of the Services, or expose them to liability.
You also 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, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, 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 suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14: 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 will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive 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 survive termination.
SECTION 15: WAIVER OF WARRANTIES
The information presented in or through the Services is provided solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is at your own risk. We disclaim all responsibility arising from your or any visitor’s reliance on the information contained in the Services, or from anyone who becomes aware of its contents.
Unless explicitly stated by Margarita3D2, the services and all products offered through those services are provided “as is” and “as available” for your use, without any warranties or conditions of any kind. This includes all implied warranties or conditions regarding merchantability, quality, suitability for a particular purpose, durability, title, and non-infringement. We do not guarantee nor assume that you will be able to use the services continuously, promptly, securely, or without errors. In some jurisdictions, limitations or exclusions on implied warranties are not allowed, so this exclusion may not apply to you.
SECTION 16: LIMITATION OF LIABILITY
To the extent permitted by law, under no circumstances shall Margarita3D2, our partners, directors, executives, employees, agents, contractors, service providers, or licensors, nor Shopify and its affiliates be liable for any injuries, losses, claims, or damages of any kind, whether direct, indirect, incidental, punitive, special, or consequential. This includes, but is not limited to, losses of profits, income, savings, data, replacement costs, or similar damages. Such liability shall arise regardless of whether it is based on contract, tort (including negligence), or strict liability, and regardless of the circumstances in which they occur.Neither on your part, nor in relation to any of the services provided, nor regarding any other claims related in any way to your use of the services or any products, shall there be any liability on our part, including, but not limited to, any errors or damages of any kind that may result from your use of the services or any content (or product) published, transmitted, or made available through the services, even if we were aware of the possibility of such occurrences.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold Margarita3D2, Shopify, and our affiliates, partners, executives, directors, employees, agents, contractors, licensors, and service providers harmless from any loss, damage, liability, or claim, including reasonable attorney’s fees, incurred by any third party as a result of: (1) your failure to comply with these Terms of Service or the documents referenced herein; (2) your violation of any law or the rights of third parties; or (3) your access to and use of the Services.
We will notify you of any claims that may give rise to compensation obligations. It should be noted that failure to notify us promptly will not exempt you from your obligations, unless you have suffered significant damages. We may handle the defense and settlement of such claims at your expense, including the selection of attorneys. However, we will not settle claims that require you to fulfill non-monetary obligations without your consent (without undue delay). You must cooperate with us in defending claims that may give rise to compensation obligations, for example by providing relevant documents.
SECTION 18: DIVISIBILITY
If it is determined that any provision of these Terms of Service is illegal, void, or unenforceable, such provision shall be enforced to the extent permitted by applicable law. The ineffective portion of such provision shall be deemed to be excluded from these Terms of Service. Such determination shall not affect the validity or enforceability of any other provisions.
SECTION 19: WAIVER; COMPLETE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service and any operating policies or guidelines that we post on this site or in relation to the Service constitute the entire agreement between you and us. They govern your use of the Service. These Terms of Service prevail over any prior or current agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous 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 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or 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 transfer, assign, or delegate these Terms, along with our rights and obligations thereunder, without your consent or notice to you.
SECTION 21: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction to which Margarita3D2 belongs, and subject to the jurisdiction of the federal and state or territorial courts therein. You and Margarita3D2 submit to the venue and jurisdiction of such courts.
SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23: CHANGES TO 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 in accordance with 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 24: CONTACT INFORMATION
Please send any questions regarding the Terms of Service to our email address.