Terms of service

OVERVIEW

Welcome to Joyería Osnor Zamak. The terms "we," "us," and "our" refer to Joyería Osnor Zamak. Joyería Osnor Zamak 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"). Joyería Osnor Zamak is powered by Shopify, which enables us to provide you with the Services.

The following terms and conditions, and all policies cited therein (the "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 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 in which you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.

To use the services, including accessing our online stores, browsing them, or purchasing any products or services we offer, you may be asked for 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 correct, current, and complete, and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and all activity on your account. You may not transfer, sell, or assign your account to another person, nor grant licenses related to such account.

SECTION 2: OUR PRODUCTS

We have made every effort to provide an accurate representation of 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 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 we offer to any person, geographic region, or jurisdiction as appropriate.

SECTION 3: ORDERS

When you place an order, you make an offer to purchase. Joyería Osnor Zamak reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Joyería Osnor Zamak confirms acceptance. We must receive and process your payment for your order to be accepted. Please review your order carefully before submission, as Joyería Osnor Zamak may not be able to accommodate cancellation requests once an order has been accepted. In the event that we do not accept, modify in any way, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided when placing the order.

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

You represent and warrant that your purchases are solely for personal or household use 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 one 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 charges for taxes, shipping, order handling, customs processing, or import.

Prices published in our online stores may differ from those offered in physical stores, online stores, or other stores managed by third parties. From time to time, we may offer promotions for 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 of the promotion will prevail.

For all purchases made in our stores, you agree to provide current, complete, and accurate information about purchases, payments, and accounts. You agree to promptly update your account information and other aspects, 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 provided is true, correct, and complete; (ii) you have proper authorization to use such credit card for the purchase; (iii) your credit card company will cover the charges you incur; and (iv) you will pay the charges incurred at the published prices, including shipping, order handling, and applicable tax charges, if any.

SECTION 5: SHIPPING AND DELIVERY

We are not responsible for delays in shipments and deliveries. All delivery times are subject to estimates only and are not guaranteed. We are not responsible for delays caused by shipping companies, customs processing, or events beyond our control. Once we deliver the products to the shipping company, ownership and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including, without limitation, trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by Joyería Osnor Zamak, its affiliates, or licensors and are protected by Spanish and foreign laws on copyright and other intellectual property.

These terms allow you to use the Services solely for personal and non-commercial purposes. You must not reproduce, distribute, modify, copy into derivative works, publicly display, include in public demonstrations, republish, download, store, or transmit material included in the Services without prior written consent from us. Unless expressly stated in this document, no section of these Terms grants or should be interpreted as indicating the granting of a license or any other right to you with respect to patents, trademarks, copyrights, or any other form of intellectual property of Joyería Osnor Zamak, Shopify, or third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Joyería Osnor Zamak reserves all rights not expressly granted herein.

The names, logos, product and service names, designs, and slogans of Joyería Osnor Zamak are trademarks of Joyería Osnor Zamak, its affiliates, or its licensors. You must not use such trademarks without prior written consent from Joyería Osnor Zamak. 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 in the Services are trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS

As part of the Services, you may be provided with access to customer tools offered by third parties over which we do not exercise supervision, control, or collaboration.

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 not assume any liability arising from your use of optional third-party tools.

At your sole discretion, you will assume the risk for your use of optional third-party tools offered through the site, and you must ensure that you know and approve the terms under which third-party providers offer the tools.

We may also offer new features through the Services in the future (including the launch of new tools and resources). These new features should also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or managed by third parties (including any embedded third-party functionality). We are not responsible for the examination or evaluation, nor for the accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not responsible for any harm or damage related to your access to third-party websites or your purchase or use of products, services, or resources from third-party websites. Carefully review the policies and practices of third parties, and make sure you understand them before conducting any transaction. Complaints, claims, concerns, or questions related to third-party products and services should be directed to them.

SECTION 9: RELATIONSHIP WITH SHOPIFY

Joyería Osnor Zamak is powered by Shopify, which enables us to provide you with the Services. However, any sales and purchases you make in our store are made directly with Joyería Osnor Zamak. 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 Joyería Osnor Zamak, including injuries, damages, or losses caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage, and liability arising from or related to your purchases and transactions with Joyería Osnor Zamak.

SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Since the Services are hosted on 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. For the purpose of providing you with services, the information you submit to the Services will be transmitted to and shared with Shopify and third parties who may be located in countries where you do not reside. For more information on how we, Shopify, and our partners use your personal information, please review our Privacy Policy.

SECTION 11: 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 manage, 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 Feedback; (ii) you disclosed any compensation or incentive received in connection with your submission of the Feedback; and (iii) your Feedback will comply with these Terms. We do not and will not have any obligation to (1) keep your Feedback confidential; (2) provide compensation for your Feedback; or (3) respond to your Feedback.

We may, without any obligation to do so, monitor, edit, or remove Feedback that, in our sole discretion, we determine to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that constitutes a violation of 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, personality, or other personal or property rights. You also agree that your Feedback will not contain defamatory or illegal, abusive, or obscene remarks, or computer viruses 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, impersonate another person, or mislead us or third parties about the origin of the Feedback. You have sole responsibility for any Feedback you make and its accuracy. We are not responsible for Feedback posted by you or third parties.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS

From time to time, there may be information about or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, 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 in the event of any inaccuracy in the information, at any time, without prior notice (even after you have placed 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 illegal or malicious purposes; (b) to violate local, international, federal, provincial, or state regulations, laws, or 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, discredit, or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of "junk mail," "chain messages," "spam," or any other similar content; (h) to impersonate any other person or entity, or attempt to do so; (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, as we determine, may harm Joyería Osnor Zamak, Shopify, or users of the Services, or expose them to liability.

In turn, you agree not to do the following: (a) upload or transmit viruses or any other type of malicious code that is used or may be used in any way that affects the functionality or provision 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, practice phishing, commit pharmaceutical fraud, practice fraudulent staging, commit spider crimes, or commit web 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 close your account at any time without prior notice if we determine that you have violated any part of these Terms.

SECTION 14: TERMINATION

We may terminate this agreement or interrupt your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and your liability for all amounts owed up to and including the date of termination may remain in effect.

The following sections will continue in effect after 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 that by its nature persists after termination.

SECTION 15: DISCLAIMER OF WARRANTIES

The information presented in or through the Services is made available for general information only. 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 liability arising from reliance on such materials by you or any visitor to the Services, or by any person who may be aware of its content.

UNLESS EXPRESSLY STATED BY JOYERÍA OSNOR ZAMAK, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOU WILL BE ABLE TO USE THE SERVICES IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16: LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL JOYERÍA OSNOR ZAMAK, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR INJURIES, LOSSES, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACTS, TORTS (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 ERROR OR DAMAGE OF ANY KIND AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH OCCURRENCE.

SECTION 17: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Joyería Osnor Zamak, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including the cost of reasonable attorney's fees, payable to any third party as a result of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.

We will notify you of any claim subject to indemnification, with the understanding that failure to notify promptly will not relieve you of your obligations unless you have suffered significant damages. We may control the defense and resolution of such claim at your expense, including the choice of attorney, but we will not resolve claims that impose non-monetary obligations on you without your consent (without unjustified delay). You will cooperate in the defense of claims subject to indemnification, for example, by providing relevant documents.

SECTION 18: SEVERABILITY

In the event that any provision of these Terms of Service is determined to be illegal, void, or unenforceable, such provision shall be enforceable to the extent permitted by applicable law and the unenforceable section shall be deemed severable from these Terms of Service; such determination shall not affect the validity or enforceability of any other provision.

SECTION 19: WAIVER; ENTIRE AGREEMENT

The fact that we do not exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and the policies or operating rules we publish on this site or with respect to the Service constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede any prior or contemporary 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 interests of the party that drafted the document.

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 deemed null and void. We may transfer, assign, or delegate these Terms along with our corresponding rights and obligations without your consent or notice to you.

SECTION 21: GOVERNING LAW

These Terms of Service and the separate agreements by which we provide you with Services shall be governed and interpreted under Spanish law. For the resolution of all disputes or issues related to these Terms of Service or activities carried out through the Services, Spanish law shall apply, to which the parties expressly submit, with the Courts and Tribunals of the Canary Islands having jurisdiction to resolve all conflicts arising from or related to their use.

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 THE 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, modify, or replace any part of these Terms of Service by posting updates and modifications on our website. You are responsible for visiting our website periodically to learn about modifications. We will notify you of any substantial modification to these Terms in accordance with applicable law, and such modifications will take effect from the date specified in the notification. Your continued use of or access to the Services after the posting of any modification to these Terms of Service constitutes acceptance of such modifications.

SECTION 24: CONTACT INFORMATION

You should send any questions about the Terms of Service to jyosnor@gmail.com

Our contact information is listed below:

Joyería Osnor Zamak
Avda Ángel Guimerá Nº 11
38003 Santa Cruz de Tenerife
Spain
Phone: +34 722 54 98 01
Email: jyosnor@gmail.com
Tax ID: 43804221P