Términos del servicio

 

GENERAL DESCRIPTION

Welcome to Sunsky Online Store. The terms “we,” “us,” and “our” refer to Sunsky Online Store. Sunsky Online Store 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”). Sunsky Online Store uses Shopify technology that enables us to provide the Services.

These 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 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 be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service and 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 minors in your care 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 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 necessary rights to provide such information.
You are solely responsible for safeguarding 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 tied to such account.

SECTION 2: OUR PRODUCTS

We have made every effort to display an accurate representation of our products and services in our online stores. However, please note that product colors or appearance may differ from what you see on your screen due to the device you use to access the store and its settings.
We do not guarantee that the look or quality of the products or services you purchase will meet your expectations or be identical to what is 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 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. Sunsky Online Store reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Sunsky Online Store confirms acceptance. We must receive and process your payment for your order to be accepted. Please review your order carefully before submission, as Sunsky Online Store may be unable to accommodate cancellation requests once an order has been accepted. If we do not accept, or if we modify or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time the order was placed.
Your purchases are eligible for returns or exchanges only in accordance with our Refund Policy aquí.
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: 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 set out in the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include taxes, shipping, order handling, customs processing, or import charges.
Prices posted in our online stores may differ from those offered in physical, online, or other stores operated by third parties. From time to time, we may offer promotions through 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 promotion terms 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 needed.
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) your credit card company will honor the charges you incur; and (iv) you will pay the charges incurred at the posted prices, including applicable shipping, handling, and taxes, if any.

SECTION 5: SHIPPING AND DELIVERY

We are not responsible for delays in shipping and 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 products to the carrier, title and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services—including, without limitation, trademarks, marks, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof—are owned by Sunsky Online Store, 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 solely for personal, non-commercial purposes. You must 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 stated herein, nothing in these Terms grants or should be construed as granting any license or other right to you with respect to any patents, trademarks, copyrights, or other intellectual property of Sunsky Online Store, Shopify, or third parties. Unauthorized use of the Services may violate federal and state intellectual property laws. Sunsky Online Store reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of Sunsky Online Store are trademarks of Sunsky Online Store, its affiliates, or its licensors. You must not use such marks without the prior written consent of Sunsky Online Store. 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 the trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS

As part of the Services, you may be provided access to client tools offered by third parties over which we do not exercise supervision, control, or input.
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 or relating to your use of optional third-party tools.
Any use by you of optional third-party tools offered through the site is entirely at your own discretion and risk, and you should ensure that you are familiar with and approve the terms under which such tools are provided by the relevant third-party providers.
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 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 embedded third-party functionality). We are not responsible for examining or evaluating, and we do not warrant, the accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access such materials or third-party sites, 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 to your purchase or use of products, services, or resources from third-party websites. Please review third-party policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third parties.

SECTION 9: RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and must not be removed or modified.]
Sunsky Online Store uses Shopify technology to provide the Services. However, any sale and purchase you make in our store is made directly with Sunsky Online Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that occur between you and Sunsky Online Store, including injuries, damages, or losses caused by products and services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchases and transactions with Sunsky Online Store.

SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy (available here) 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 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, information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than your own. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].

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 meet our obligations and enforce our rights under these 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 incentive received in connection with your submission of the Comments; and (iii) your Comments will comply with these Terms. We have no obligation to: (1) treat your Comments as confidential; (2) provide 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 or these Terms of Service.
You agree that your Comments will not violate any rights of third parties, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or 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 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 are not responsible for any Comments posted by you or any third party.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS

From time to time there may be information in or related to the Services that contains 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 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 regulations, rules, 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, disparage, or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use 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 we determine, may harm Sunsky Online Store, Shopify, 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 will 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) spam, phish, pharm, pretext, spider, crawl, or scrape; 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 suspend your access to the Services (or any part thereof) in our sole discretion at any time without prior notice, and your liability for all amounts due up to and including the date of termination may remain in effect.
The following sections will 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 provision that by its nature survives termination.

SECTION 15: DISCLAIMER OF WARRANTIES

The information presented in or through the Services is made available solely for general information purposes. 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 STATED BY SUNSKY ONLINE STORE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, 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 LIMITATION OR EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16: LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SUNSKY ONLINE STORE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR 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, 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 DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sunsky Online Store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable 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 to and use of the Services.
We will notify you of any claim subject to indemnification, provided that the failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but we will not settle claims imposing non-monetary obligations on you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18: SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall 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 19: WAIVER; ENTIRE AGREEMENT

The failure to 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 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 (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities 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 together with our rights and obligations 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 federal and state or territorial courts of the jurisdiction to which Sunsky Online Store belongs. You and Sunsky Online Store submit to the jurisdiction and venue 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 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 on our website. You are responsible for checking 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 take effect on 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 direct any questions about the Terms of Service to sales.sunskyonlinestore@gmail.com