Términos del servicio
GENERAL INFORMATION
Welcome to HomeByNestora! The terms “we,” “us,” and “our” refer to HomeByNestora. HomeByNestora operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). HomeByNestora is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover areas such as warranties, disclaimers, and limitations 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 to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you 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 store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing information, payment details, and shipping information. You represent and warrant that all information you provide in our store 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 for all activities conducted through your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online store. However, please note that product colors or appearance may differ from how they appear on your screen depending on the type of device you use and its settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or exactly match how it is displayed in our online store.
All product descriptions may be modified 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 any product we offer to any person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. HomeByNestora reserves the right to accept or reject your order for any reason at its sole discretion.
Your order will not be accepted until HomeByNestora confirms acceptance. We must receive and process your payment before accepting your order.
You should carefully review your order before completing your purchase, as HomeByNestora may not be able to accommodate cancellation requests after an order has been accepted.
If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you through the email address, billing address, or phone number provided at the time the order was placed.
You may return or exchange your purchase only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchase is for personal or household use only and not for resale or commercial export.
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 the order confirmation email sent to you.
Unless otherwise expressly stated, published prices do not include taxes, shipping charges, handling fees, customs duties, or import fees.
Prices displayed in our online store may differ from prices offered in physical stores or other online stores operated by third parties.
From time to time, we may offer promotions through the Services that may affect pricing and are governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, 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, accurate, and complete;
(ii) you are duly authorized to use such credit card for the purchase;
(iii) charges incurred by you will be honored by your credit card company; and
(iv) you will pay all charges incurred at the posted prices, including shipping and handling fees and applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed.
We shall not be liable for delays caused by shipping carriers, customs processing, weather conditions, or events beyond our control.
Once products are transferred to the shipping carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, logos, text, graphics, product reviews, images, videos, audio content, and the design, selection, and arrangement thereof, are the property of HomeByNestora, its affiliates, or licensors and are protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal and 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.
Nothing in these Terms grants you any license or rights under any patent, trademark, copyright, or other intellectual property rights of HomeByNestora, Shopify, or any third party.
All rights not expressly granted herein are reserved by HomeByNestora.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor control.
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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party providers.
We may also, in the future, offer new features, tools, resources, or services. Such new features and services 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.
We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.
If you choose to leave our Services and access any third-party website, you do so entirely at your own risk.
We shall not be liable for any harm or damages related to your access to, purchase from, or use of any third-party websites, products, services, resources, or content.
Please review carefully the policies and practices of any third party 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
HomeByNestora is powered by Shopify, which enables us to provide our Services to you. However, any purchase or sale made through our store is conducted directly between you and HomeByNestora.
By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and HomeByNestora, including any injury, loss, damage, or claim arising from products or services purchased through our store.
You hereby expressly release Shopify and its affiliates from any claims, damages, or liabilities arising out of or related to your transactions with HomeByNestora.
SECTION 10 – PRIVACY POLICY
Any personal information collected through our Services is governed by our Privacy Policy, available at [LINK].
Certain personal information may also be subject to Shopify’s Privacy Policy.
By using our Services, you acknowledge that you have read and understood our Privacy Policy.
Because our store is hosted by Shopify, Shopify may collect and process personal information regarding your access to and use of the Services in order to provide and improve its services.
Information submitted through our Services may be transmitted to and shared with Shopify and certain third parties located in countries outside your country of residence.
Please review our Privacy Policy for more information regarding how we and our partners collect, use, and protect personal information.
SECTION 11 – COMMENTS AND FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other materials (“Comments”), you grant HomeByNestora a worldwide, perpetual, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, and display such Comments in any medium for any purpose, including commercial purposes.
You represent and warrant that:
(i) you own or control all rights to your Comments;
(ii) you have disclosed any compensation or incentive received in connection with your Comments; and
(iii) your Comments comply with these Terms.
We are under no obligation to:
(1) maintain Comments in confidence;
(2) pay compensation for Comments; or
(3) respond to Comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable.
You agree that your Comments will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
You are solely responsible for any Comments you submit and their accuracy.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to change, update, or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been submitted.
SECTION 13 – PROHIBITED USES
You may use our Services only for lawful purposes.
You may not use the Services:
(a) for any unlawful purpose;
(b) to violate any international, federal, state, or local laws or regulations;
(c) to infringe upon our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, defame, intimidate, or discriminate against any person;
(e) to submit false or misleading information;
(f) to upload or transmit viruses or malicious code;
(g) to send spam, unsolicited promotions, or chain letters;
(h) to impersonate another person or entity; or
(i) to interfere with the security, functionality, or operation of the Services.
We reserve the right to terminate your use of the Services for violating any prohibited use.
SECTION 14 – AGENTS
14.1 This section (“Agent Terms”) applies if you use, enable, permit, or cause the deployment 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 under the instruction of a person or entity and may operate using that person’s device or account without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict compliance with these Terms.
14.3 We may limit, restrict, or control how any Agent accesses, uses, or interacts with the Services, including through technical measures.
14.4 Agents must:
(i) identify themselves in all HTTP/HTTPS requests;
(ii) not disguise or misrepresent Agent activity as human activity;
(iii) respond truthfully to requests intended to determine whether interactions originate from a human or an Agent; and
(iv) not bypass, evade, or interfere with any security measures or access controls implemented by HomeByNestora.
SECTION 15 – TERMINATION
We reserve the right to terminate or suspend your access to the Services, or any portion thereof, at our sole discretion and without prior notice.
You remain responsible for any obligations incurred before termination.
The following provisions shall survive termination:
• Intellectual Property
• Comments and Feedback
• Warranty Disclaimer
• Limitation of Liability
• Indemnification
• Governing Law
• Privacy Policy
• Any provision that by its nature should survive termination
SECTION 16 – DISCLAIMER OF WARRANTIES
The information provided through the Services is for general informational purposes only.
We do not guarantee the accuracy, completeness, reliability, or usefulness of any information available through the Services.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
UNLESS EXPRESSLY STATED OTHERWISE, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, HOMEBYNESTORA DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
We do not guarantee that the Services will be uninterrupted, secure, timely, or error-free.
SECTION 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOMEBYNESTORA, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
THIS INCLUDES, WITHOUT LIMITATION:
• Loss of profits
• Loss of revenue
• Loss of savings
• Loss of data
• Replacement costs
• Business interruption
Whether based on contract, tort, negligence, strict liability, or otherwise.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless HomeByNestora, Shopify, and their affiliates, employees, officers, directors, agents, contractors, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of:
(1) your breach of these Terms of Service;
(2) your violation of any law or regulation;
(3) your violation of any third-party rights; or
(4) your use of the Services.
We reserve the right to assume exclusive control of the defense and settlement of any matter subject to indemnification by you.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
The failure of HomeByNestora 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, together with any policies or operating rules posted by us on this website, constitute the entire agreement and understanding between you and HomeByNestora and govern your use of the Services.
They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not assign, transfer, delegate, or otherwise convey these Terms of Service or any of your rights or obligations without our prior written consent.
Any attempted assignment in violation of this section shall be null and void.
HomeByNestora may assign, transfer, or delegate these Terms and its rights and obligations without notice or consent.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws of the United States and the jurisdiction in which HomeByNestora operates.
You agree to submit to the exclusive jurisdiction of the applicable courts for the resolution of any disputes.
SECTION 23 – HEADINGS
The headings used in these Terms of Service are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.
SECTION 24 – CHANGES TO THE 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, modify, or replace any part of these Terms of Service by posting updates and changes on our website.
It is your responsibility to check this page periodically for changes.
Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions regarding these Terms of Service should be directed to:
Contact Information
HomeByNestora
Email:
contact@homebynestora.com
Website:
www.homebynestora.com
United States