Terms of service

GENERAL DESCRIPTION

The terms “we”, “us” and “our” refer to TALÉA. TALÉA operates this store and website, including all information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). TALÉA uses Shopify technology that enables us to provide the Services.

The following terms and conditions, and all policies referenced in them (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 in which 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 products or services 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 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 for all activity under your account. You may not transfer, sell or assign your account to any other person, nor may you grant licenses linked 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 the colors or appearance of the product 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 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 prior 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. TALÉA reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until TALÉA confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as TALÉA may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, or if we modify or cancel an order in any way, we will attempt to notify you using the email address, billing address or telephone number provided at the time the order was placed.

Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].

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 prior 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 applicable taxes, shipping, handling, customs or import duties.

Prices listed in our online stores may differ from prices offered in physical stores, other online stores or other channels operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and are governed by terms and conditions separate 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 incurred by you; 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 the products to the carrier, title and risk of loss pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including, without limitation, trademarks, trade names, text, samples, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by TALÉA, 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 for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material included in the Services without our prior written consent. Except as expressly set forth herein, no part of these Terms grants, or shall be construed as granting, any license or other right to you in or to any patents, trademarks, copyrights or any other form of intellectual property of taléa, Shopify or third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. taléa reserves all rights not expressly granted herein.

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

SECTION 7: OPTIONAL TOOLS

As part of the Services, you may be given access to client tools offered by third parties over which we have no oversight, 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 any endorsement. We shall have no liability arising from or relating to your use of third-party optional tools.

Your use of any optional third-party tools offered through the site is entirely at your own discretion and risk, and you must ensure that you are familiar with and approve the terms on 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, nor do we warrant, the accuracy of any third-party materials or websites you choose to access. If you choose 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 loss or damage related to your access to third-party websites or to your purchase or use of products, services or resources from third-party sites. Please carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Any complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY

TALÉA uses Shopify technology that enables us to provide the Services. However, any sales and purchases you make in our store are made directly with TALÉA. 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 TALÉA, including any injury, damage or loss caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising out of or related to your purchases and transactions with taléa.

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 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 through the Services will be transmitted to, and shared with, Shopify and third parties that may be located in countries other than your country of residence. 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 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 fulfill our obligations and enforce our rights under these Terms of Service.

You also represent and warrant that: (i) you own all rights necessary 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 do not have, and will not have, any 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, personality, or other personal or proprietary rights. You also agree that your Comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could affect in any way 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 or liable for any Comments posted by you or any third party.

SECTION 12: ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be information about or within 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 and 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 must 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 or laws; (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 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 any “junk mail”, “chain letter”, “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 which, as determined by us, may harm taléa, 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; 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 prior 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 any time, at our sole discretion and 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 should survive 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 TALÉA, 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 WARRANTIES OR CONDITIONS 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 WITHOUT INTERRUPTION, IN A TIMELY, SECURE OR ERROR-FREE MANNER. IN SOME JURISDICTIONS, THE DISCLAIMER OF CERTAIN IMPLIED 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, IN NO EVENT SHALL TALÉA, 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, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, 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 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 THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17: INDEMNIFICATION

You agree to indemnify, defend and hold harmless TALÉA, 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, made by any third party due to or arising out of (1) your breach of these Terms of Service or of 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 our failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of any 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). You will cooperate with us in the defense of any indemnifiable claim, 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 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

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, 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 hereunder without your consent or notice to you.

SECTION 21: GOVERNING LAW

These Terms of Service and any 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 to which taléa belongs. You and taléa hereby submit to the jurisdiction and venue 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, change 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 as of the date specified in the notice. Your continued use of or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24: CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@taleabrand.com

Our contact information is set out below:
TALÉA
hello@taleabrand.com
+34 625.222.140
ES45182749P