Terms of service

GENERAL INFORMATION

Welcome to Rocío Osorno! The terms "we", "us" and "our" refer to Rocío Osorno. Rocío Osorno operates this store and website, including all information, content, features, tools, products and services related to it to provide you, the customer, with a select shopping experience (the "Services"). Rocío Osorno is powered by Shopify technology, which enables us to provide you with the Services.
The following terms and conditions, together with any policy referenced in this document (these "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 warranty, disclaimer and limitation of liability.
By visiting, 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 with these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are of legal age in your state or province of residence and 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 or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our store 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, assign or licence your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to ensure that our products and services are displayed accurately in our online store. 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 any product or service you purchase will meet your expectations or be the same as shown or presented in our online stores.
All product descriptions may be modified at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any product we offer to any person, geographic region or jurisdiction individually.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Rocío Osorno reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Rocío Osorno confirms that it accepts it. We must receive and process your payment before accepting your order. You should review your orders carefully before making your purchase, as Rocío Osorno may not be able to handle a cancellation request after an order is accepted. In the event that we do not accept, make a change or cancel an order, we will attempt to notify you by contacting you via email, billing address or telephone number that you provided when the order was placed.
You may return or make changes to your purchase only in accordance with our refund policy.
You represent and warrant that your purchase is for your personal or domestic 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 indicated in the order confirmation email sent to you. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs or import charges.
Prices published in our online stores may differ from prices offered in the physical store or other online stores or stores operated by third parties. We may occasionally offer promotions on the Services that may affect pricing strategies and are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so we can complete your transaction and communicate with you as necessary.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are properly authorised to use such credit card for the purchase, (iii) the charges you incur will be accepted by your credit card company and (iv) you will pay the charges you incur at the published prices, including shipping and handling costs and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for any delay in shipping and delivery. All delivery times are estimates only and are not guaranteed. We will not be responsible for delays caused by the transport company, customs procedures or events beyond our control. Once we transfer products to the transport company, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all registered trademarks, trademarks, text, samples, images, graphics, product reviews, videos and audio, and the design, selection and arrangement thereof, are owned by Rocío Osorno, its affiliate or licensor and are protected by U.S. and foreign patents, copyrights and other intellectual property laws.
These Terms permit you to use the Services only for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided in this document, nothing in these Terms grants or shall be construed as granting you a licence or other rights under any patent, trademark, copyright or other intellectual property of Rocío Osorno, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted here are reserved by Rocío Osorno.
Rocío Osorno's names, logos, product and service names, designs and slogans are trademarks of Rocío Osorno or its affiliate or licensor. You may not use such trademark without prior written permission from Rocío Osorno. 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 in the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we do not monitor and have no control or input over.
You acknowledge and accept that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without any endorsement. We have no responsibility whatsoever arising from or related to your use of optional third-party tools.
Your use of any optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms under which the tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services (including the launch of new tools and resources). These new features will 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 operated by third parties (including any functionality embedded by third parties). We are not responsible for examining or evaluating the content or accuracy of any third-party material or website you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.
We will not be responsible for any damage or loss related to your access to any third-party website, or your purchase or use of any product, service, resource or content on any third-party website. Please carefully review the policies and practices of the third party and ensure you understand them before conducting any transaction. Complaints, claims, questions or inquiries about third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Rocío Osorno operates using Shopify technology, which enables us to provide you with the Services. However, any sale or purchase you make in our store is made directly with Rocío Osorno. By using the Services, you acknowledge and accept that Shopify is not responsible for any aspect of the sales between you and Rocío Osorno, including any injury, damage or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising from or related to your purchase and transaction with Rocío Osorno.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide you and improve our Services. Information you send to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in a country other than where you reside, in order to provide you with the services. Please review our Privacy Policy [LINK] for more information on how we, Shopify and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively called "feedback"), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such feedback in any medium for any purpose, including commercial use. We may, for example, use our rights under this licence to operate, provide, evaluate, improve, optimise and promote the Services and to fulfil our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your feedback; and (iii) your feedback complies with these Terms. We have no obligation (1) to maintain the confidentiality of your feedback; (2) to pay compensation for your feedback; or (3) to respond to your feedback.
We may, but are not obligated to, monitor, edit or delete feedback that we determine, at our sole discretion, to be illegal, offensive, threatening, defamatory, slanderous, pornographic, obscene or otherwise objectionable or that violates the intellectual property of any party or these Terms of Service.
You agree that your feedback will not infringe any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. Additionally, you agree that your feedback will not contain defamatory or otherwise illegal, abusive or obscene comments, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You cannot use a false email address, pretend to be someone other than yourself or mislead us or third parties as to the origin of any feedback. You are solely responsible for any feedback you provide and its accuracy. We assume no responsibility for any feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information about or on the Services that contains typographical errors, inaccuracies or omissions that may be related to product description, pricing strategies, promotions, offers, product shipping charges, transit time and availability. We reserve the right to correct any error, inaccuracy or omission and to change or update information or cancel orders if any information is inaccurate at any time 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 illegal or malicious purpose; (b) to violate any regulation, standard, international, federal, provincial or state law, or local ordinances; (c) to violate or infringe our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, injure, defame, slander, denigrate, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or cause the transmission of any advertising or promotional material, including any "spam", "chain letter", "junk email" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by any person, or that, as we determine, may harm Rocío Osorno, Shopify or users of the Services, or expose them to any kind of liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other kind of malicious code that may be or could be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data collection and extraction tools, devices or automatic processes, artificial intelligence tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, circumvent or bypass security features or authorization functions, robot exclusion header or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable or cancel your account at any time, without prior notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, permit, enable or cause the implementation of an Agent to access, use or interact with any Service. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or entity and that may run on behalf of or using the person's device, without direct supervision.
14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of Section 14.4 below. Additionally, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.
14.3 We may limit, including by applying technical measures, the access, use and interaction of any Agent with the Services and how it does so.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent's name by including the following in the user-agent field string of the request: "Agent/[agent name]"; (ii) not hide or create confusion about that any access, use or interaction is from an Agent, such as (a) mimicking human behaviour and interaction patterns, or (b) completing or bypassing CAPTCHA or measures designed to distinguish computer use from human use, (iii) respond truthfully to any question or instruction that seeks to determine whether interactions are from a human or a computer, (iv) not circumvent or otherwise avoid any measure designed to block, limit, modify or control whether Agents access, use or interact with the Services and how they do so.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and you will remain responsible for all amounts owed as of the date of termination inclusive.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Applicable Law, Privacy Policy and any other provisions that by their nature must survive termination.

SECTION 16 - WARRANTY DISCLAIMER

The information presented in or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information will be 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 any person who may be informed of any of its Content.
UNLESS [ENTREPRENEUR] EXPRESSLY STATES OTHERWISE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TRADE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR ENSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOUR CASE.

SECTION 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [ENTREPRENEUR], OUR PARTNERS, DIRECTORS, EXECUTIVES, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY'S AND ITS AFFILIATE, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF INCOME, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COST OR ANY SIMILAR DAMAGE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERROR OR OMISSION OF ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR MADE AVAILABLE IN ANY OTHER WAY THROUGH THE SERVICES, EVEN IF ADVISED OF ITS POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Rocío Osorno, Shopify and our affiliates, partners, executives, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including attorney's fees, payable to any third party due to or arising from (1) your breach of these Terms of Service or documents that incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to notify promptly does not relieve you of your obligations unless you suffer material damage. We may control the defence and resolution of such claim at your expense, including the selection of counsel, but will not resolve any claim that involves non-monetary obligations on your part without your consent (which will not be unreasonably withheld). You will cooperate in the defence of indemnification claims, providing relevant documents.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be illegal, void or unenforceable, that provision will nevertheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable part will be deemed excluded from these Terms of Service, such determination will not affect the validity and enforceability of the remaining other provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.
These Terms of Service and any policy or operating rule published by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, replacing any prior or contemporaneous agreement, communication and proposal, whether oral or written, between you and us (including, but not limited to, any previous version of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service will not be interpreted against the party that drafted them.

SECTION 21 - 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 will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 - APPLICABLE LAW

These Terms of Service and any separate agreement by which we provide you with Services will be governed by and interpreted in accordance with the federal and state or territorial courts of the jurisdiction where Rocío Osorno is based. You and Rocío Osorno accept the jurisdiction and personal competence of such courts.

SECTION 23 - HEADINGS

The headings used in this agreement are included for your convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO 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, change or replace any part of these Terms of Service by posting the update and changes on our website. It is your responsibility to review our website periodically for any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use or access to the Services after the posting of any change to these Terms of Service constitutes your acceptance of such changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to ventas@rocioosorno.com.
Below is our contact information:
Owner: Roclutex, S.L.
Tax ID (NIF): B90388042
Address: C/ Del Fútbol, 18 – 41960 Gines, Seville – Spain.
Email: info@rocioosorno.com
Website: https://rocioosorno.com