Terms of service

GENERAL DESCRIPTION
Welcome to Vicky Metzger Barcelona. The terms "we", "us" and "our" refer to Vicky Metzger Barcelona. Vicky Metzger Barcelona 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"). Vicky Metzger Barcelona is powered by Shopify technology, which enables us to provide the Services.

In the following terms and conditions, and in all policies referenced herein (the "Terms of Service" or "Terms"), your rights and responsibilities when using the Services are described.

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 be bound by 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 your consent for any minors under your care 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 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 maintaining the security of your account credentials and all activity associated with your account. You may not transfer, sell or assign your account to another person, nor grant any licenses associated with your 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, please note that product colours 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 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. Vicky Metzger Barcelona reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Vicky Metzger Barcelona confirms its acceptance. We must receive and process your payment for your order to be accepted. Please carefully review your order before submitting it, as Vicky Metzger Barcelona 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 telephone 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 commercial export.

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, published prices do not include taxes, shipping, order handling, customs clearance 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 through the Services that may affect pricing 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 regarding purchases, payments and accounts. 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 necessary.

You represent and warrant that: (i) the credit card information you provide is true, accurate and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) your credit card company will cover the charges incurred by you; and (iv) you will pay the charges incurred at the published prices, including shipping, order handling and applicable 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 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 the property of Vicky Metzger Barcelona, its affiliates or licensors and are protected by United States and foreign copyright and other intellectual property laws.

These Terms allow you to use the Services solely for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material included in the Services without our prior written consent. Unless expressly stated herein, nothing in these Terms grants or shall be construed as granting you any licence or other right with respect to any patents, trademarks, copyrights or other intellectual property of Vicky Metzger Barcelona, Shopify or third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Vicky Metzger Barcelona reserves all rights not expressly granted herein.

The names, logos, product and service names, designs and slogans of Vicky Metzger Barcelona are trademarks of Vicky Metzger Barcelona, its affiliates or licensors. You may not use such trademarks without the prior written consent of Vicky Metzger Barcelona. 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 of the Services are trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be provided with access to third-party customer tools over which we have no supervision, control or involvement.

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 endorsement. We shall have no liability arising from 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 risk and discretion, and you should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party providers.

We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered 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, and do not warrant the accuracy of, any third-party materials or websites that 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 damage related to your access to third-party websites or your purchase or use of products, services or resources from third-party websites. Please carefully review third-party policies and practices 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 third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY
Vicky Metzger Barcelona is powered by Shopify technology, which enables us to provide the Services. However, any sale and purchase made through our store is conducted directly with Vicky Metzger Barcelona. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales taking place between you and Vicky Metzger Barcelona, including injuries, damages or losses caused by the products and services purchased. You expressly release Shopify and its affiliates from any claims, damages and liabilities arising out of or relating to your purchases and transactions with Vicky Metzger Barcelona.

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, which can be found 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 relating to your access to and use of the Services in order to provide and improve the Services for you. In order to provide services to you, information you submit to the Services may be transmitted 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 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 operate, provide, evaluate, optimize, improve and promote the Services, and to comply with 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 the Comments; and (iii) your Comments will comply with these Terms. We have no obligation to (1) maintain your Comments in confidence; (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, to be unlawful, offensive, threatening, defamatory, libellous, 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 further agree that your Comments will not contain defamatory 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, impersonate another person 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 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 in 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, 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 submit false or misleading information; (f) to upload, 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 letters", "spam" or any other similar content; (h) to impersonate or attempt to impersonate another 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 Vicky Metzger Barcelona, 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) send spam, phish, pharm, pretext, spider, crawl or scrape the web; 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 discontinue your access to the Services (or any part thereof) at our sole discretion at any time without notice, and your liability for all amounts owed up to the date of termination, inclusive, may remain in effect.

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 provision that by its nature survives termination.

SECTION 15: DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general informational purposes only. We do not guarantee 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 reliance placed on such materials by you or any other visitor to the Services, or by anyone who may become aware of their contents.

UNLESS EXPRESSLY STATED OTHERWISE BY Vicky Metzger Barcelona, 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 ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABILITY, 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 DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16: LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Vicky Metzger Barcelona, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF 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 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 ERROR OR DAMAGE OF ANY KIND RESULTING FROM THE 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 Vicky Metzger Barcelona, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable attorneys' fees, payable to any third party as a result 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 right, or (3) your access to and use of the Services.

We will notify you of any claim subject to indemnification, provided that any failure to promptly provide such notice will not relieve you of your obligations unless you have been materially prejudiced. We may control the defence and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (not to be unreasonably withheld or delayed). 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 nevertheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severable from these Terms of Service; such determination shall not affect the validity and enforceability of any other 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 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 contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior version 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 any of 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 hereunder, without your consent or notice to you.

SECTION 21: GOVERNING LAW
These Terms of Service and the separate agreements under which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction in which Vicky Metzger Barcelona is located. You and Vicky Metzger Barcelona hereby submit to the venue and jurisdiction of such courts.

SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and shall 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, modify or replace any part of these Terms of Service by posting updates and changes on our website. You are responsible for periodically visiting our website to check for changes. We will notify you of any material changes to these Terms in accordance with 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
Any questions about the Terms of Service should be sent to info@vickymetzgerbarcelona.com.

Our contact information is published below:

Vicky Metzger Barcelona
info@vickymetzgerbarcelona.com
Carrer d'en Xuclà 16
Ciutat Vella · Barcelona · Spain