Terms of service
OVERVIEW Welcome to Encantos. The terms "we", "us" and "our" refer to Encantos. Encantos 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"). Encantos is powered by Shopify, which enables us to provide you with the Services.
The following terms and conditions, and all policies referenced 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 [LINK]. 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 minors in your care to use the Services on devices you own, purchase or manage.
To use the Services, including accessing, browsing 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 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 all activity under your account. You may not transfer, sell or assign your account to another person, nor grant licences linked to that account.
SECTION 2: OUR PRODUCTS We have made every effort to accurately represent our products and services in our online stores. However, please note that colours or product appearance may differ from what you see on your screen depending on the device and settings you use to access the store. We do not guarantee that the appearance or quality of any 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 may limit product quantities offered to any person, geographic area or jurisdiction.
SECTION 3: ORDERS When you place an order, you are making an offer to purchase. Encantos reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Encantos confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submission, as Encantos 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 via the email address, billing address or phone number provided at the time of ordering. Your purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK]. You represent and warrant that your purchases are for personal or domestic use only 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 price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping, order handling, customs or import charges. Prices published 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 that affect pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between a promotion's terms and these Terms, the promotion's terms will prevail. For all purchases, you agree to provide current, complete and accurate purchase, payment and account information, and to promptly update your account details — including email address and credit card numbers and expiry 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 authorised to use that credit card for the purchase; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay the charges incurred at the posted prices, including applicable shipping, handling and tax charges.
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 liable for delays caused by carriers, customs processing or events beyond our control. Once we deliver the products to the carrier, title and risk pass to you.
SECTION 6: INTELLECTUAL PROPERTY Our Services, including but not limited to trademarks, trade dress, text, samples, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Encantos, its affiliates or licensors and are protected by applicable copyright and intellectual property laws. These Terms permit you to use the Services for personal, non-commercial purposes only. 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. Nothing in these Terms grants or should be construed as granting any licence or other right to you in respect of any patents, trademarks, copyrights or other intellectual property of Encantos, Shopify or third parties. Unauthorised use of the Services may constitute a violation of applicable intellectual property laws. Encantos reserves all rights not expressly granted herein. Encantos's names, logos, product and service names, designs and slogans are trademarks of Encantos, its affiliates or licensors. You must not use such trademarks without Encantos's prior written consent. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS We may provide you with access to third-party tools over which we exercise no monitoring, control or input. 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 shall have no liability arising from your use of optional third-party tools. You use optional third-party tools offered through the Services entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which those tools are provided. We may also offer new features through the Services in the future (including new tools and resources). Such new features shall also 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 the accuracy of third-party materials or websites you choose to access. If you choose to leave the Services to access such materials or third-party sites, you do so at your own risk. We are not liable for any harm or damage related to your access to third-party websites or your purchase or use of third-party products, services or resources. 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 relevant third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY [MERCHANT NOTE: This section accurately characterises Shopify's relationship with your store and should not be removed or modified.] Encantos 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 Encantos. 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 Encantos, including any injury, damage or loss caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising from or related to your purchases and transactions with Encantos.
SECTION 10: PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], 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. As 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. Information you submit to the Services will be transmitted to and shared with Shopify and third parties who may be located in countries other than your own. For more information on 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, feedback, reviews, proposals, plans or other content (collectively, "Comments"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Comments in any medium and for any purpose, including commercial use. For example, we may exercise our rights under this licence to manage, provide, evaluate, optimise, improve and promote the Services, and to fulfil 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 incentive received in connection with your submission of Comments; and (iii) your Comments will comply with these Terms. We have no obligation to (1) keep your Comments confidential; (2) compensate you for your Comments; or (3) respond to your Comments. We may, without any obligation to do so, monitor, edit or remove Comments that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, 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 third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your Comments will not contain defamatory, unlawful, abusive or obscene material, or computer viruses or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, 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 Comments posted by you or any third party.
SECTION 12: ERRORS, INACCURACIES AND OMISSIONS From time to time, there may be information on or within the Services that contains typographical errors, inaccuracies or omissions relating 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 where any information is inaccurate, at any time and without prior notice (including 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 any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local regulations, laws or ordinances; (c) to infringe or violate 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, knowingly receive, download, use or re-use material that does not comply with these Terms; (g) to transmit or procure the sending of spam, chain letters, junk mail or any other similar content; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that may harm Encantos, Shopify or users of the Services, or expose them to liability. You also agree not to: (a) upload or transmit viruses or any other 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 the security features of the Services or any related website. 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) 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 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 provisions that by their nature should survive termination.
SECTION 15: DISCLAIMER OF WARRANTIES The information presented on or through the Services is made available for general information 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 visitor to the Services, or by anyone who may be informed of their contents.
UNLESS EXPRESSLY STATED BY Encantos, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, 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 THAT YOU WILL BE ABLE TO USE THE SERVICES WITHOUT INTERRUPTION, IN A TIMELY MANNER, SECURELY OR FREE FROM ERRORS. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Encantos, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17: INDEMNIFICATION You agree to indemnify, defend and hold harmless Encantos, 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 any third party, arising out of (1) your breach of these Terms of Service or the documents incorporated herein 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 indemnifiable claim, provided that failure to notify you promptly will not relieve you of your obligations unless you have suffered significant prejudice. We may control the defence and settlement of such claim at your expense, including the choice of counsel, but will not settle claims imposing non-monetary obligations on you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnifiable 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 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 or enforceability of any other remaining provisions.
SECTION 19: 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 of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including 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 and our rights and obligations hereunder without your consent or notice to you.
SECTION 21: GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Encantos is established. You and Encantos submit to the exclusive jurisdiction of the courts of that jurisdiction.
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, modify 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 as required by applicable law, and such changes will take effect from 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 about the Terms of Service to encantos@encantoss.es.
Our contact details are as follows: encantos@encantoss.es
Product Images
The product images published in this store are for illustrative and representative purposes only.
As these are handcrafted products made by hand, there may be slight variations in colours, textures, finishes or proportions compared to the photographs shown. Such differences are inherent to the handcrafting process and do not constitute a defect or grounds for complaint.
Encantos is committed to ensuring that the product delivered is faithful in design and quality to that shown, within the natural variations of handcrafted manufacturing.
