Terms of service

OVERVIEW

Welcome to LAMASAYA! The terms “we,” “us,” and “our” refer to LAMASAYA. LAMASAYA 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”). LAMASAYA is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty 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. If you do not agree to these Terms of Service or our Privacy Policy, you should 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, or that you have given your consent to allow any of your minor dependents to use the Services on devices 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 asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to accurately display and describe our products. However, colors, appearance, dimensions, or other visual characteristics may differ depending on your device, screen, settings, photography, or manufacturing variations.

We do not guarantee that the appearance or quality of any product will exactly match how it appears on your screen or meet every individual expectation.

Product descriptions, prices, availability, and other information may be changed at any time without notice. We reserve the right to discontinue products and to limit quantities offered to any person, geographic region, or jurisdiction where permitted by law.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. LAMASAYA reserves the right to accept, decline, limit, or cancel an order where permitted by law, including in cases involving suspected fraud, pricing or inventory errors, or other legitimate business reasons.

Your order is not accepted until we confirm acceptance and successfully process the applicable payment. Please review your order carefully before submitting it because we may be unable to accommodate changes or cancellation requests once an order has entered processing or fulfillment.

If we need to change, decline, or cancel an order, we may attempt to contact you using the email address, billing information, shipping information, or telephone number provided with the order.

Returns, refunds, and exchanges are subject to our Return and Refund Policy.

Products purchased from LAMASAYA are intended for personal or household use unless otherwise agreed by us.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will generally be the price displayed when your order is placed and will appear in your order confirmation.

Unless otherwise stated, displayed prices may not include applicable taxes, duties, customs charges, or other charges imposed by governmental authorities. Shipping charges, when applicable, will be displayed during checkout.

Promotions may be subject to separate terms. If promotional terms conflict with these Terms, the promotional terms will apply to that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information. You represent that you are authorized to use the payment method submitted with your order and agree to pay all properly authorized charges associated with your purchase.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery times displayed by LAMASAYA are estimates and are not guaranteed unless expressly stated otherwise. Delivery may be affected by carriers, customs processing, weather, holidays, address issues, inventory availability, or other circumstances outside our reasonable control.

Please review our Shipping Policy for additional information regarding processing, shipping, tracking, and delivery.

Nothing in this section limits any rights you may have under applicable consumer protection law.

SECTION 6 - INTELLECTUAL PROPERTY

The Services and their original content, including LAMASAYA branding, text, graphics, logos, designs, photographs, videos, and other materials owned or lawfully licensed by us, may be protected by applicable copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes. Except where permitted by law or with appropriate authorization, you may not reproduce, distribute, modify, republish, commercially exploit, or create derivative works from protected material appearing on the Services.

Third-party trademarks, product names, logos, photographs, reviews, or other materials remain the property of their respective owners where applicable. Nothing in these Terms transfers ownership of Shopify’s or any third party’s intellectual property to you or to LAMASAYA.

SECTION 7 - OPTIONAL AND THIRD-PARTY TOOLS

We may provide access to tools, applications, integrations, payment services, or other functionality supplied by third parties. These services may be governed by separate terms and privacy policies.

To the extent permitted by law, we are not responsible for third-party tools or services that we do not own or control. Your use of such tools is at your discretion and subject to the applicable third party’s terms.

We may introduce additional features, tools, or resources in the future. Unless otherwise stated, those features will form part of the Services and be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites, services, or materials operated by third parties. We do not control those third parties and are not responsible for their content, availability, privacy practices, products, or services.

If you choose to visit or transact with a third-party website, you should review its applicable terms and policies. Questions concerning a third party’s products or services should generally be directed to that third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

LAMASAYA is powered by Shopify, which enables us to provide the Services to you. However, purchases made from our store are transactions between you and LAMASAYA, not Shopify.

To the extent permitted by applicable law, Shopify is not responsible for products purchased directly from LAMASAYA or for claims arising solely from the transaction between you and LAMASAYA.

SECTION 10 - PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy and applicable law.

Because our store is powered by Shopify, Shopify may collect and process certain personal information in connection with your access to and use of the Services. Information may also be shared with service providers that help us operate our store, process payments, fulfill orders, prevent fraud, provide customer service, or otherwise provide the Services.

Please review the Privacy Policy available on our website for additional information about how personal information is collected, used, and disclosed.

SECTION 11 - FEEDBACK AND REVIEWS

If you submit reviews, suggestions, feedback, photographs, comments, or other content to us (“Feedback”), you represent that you have the necessary rights to submit that Feedback and that your submission does not violate applicable law or the rights of another person.

To the extent permitted by law, you grant LAMASAYA a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, adapt, and publish Feedback you voluntarily submit for purposes related to operating, improving, or promoting our Services.

You may not submit content that is unlawful, fraudulent, defamatory, abusive, obscene, malicious, infringing, or knowingly misleading. You may not impersonate another person or misrepresent the origin of Feedback.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, shipping charges, transit times, availability, or other information.

Where permitted by law, we reserve the right to correct errors, update information, and cancel or modify affected orders when information was materially inaccurate. Nothing in this section limits rights provided to you under applicable law.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes. You may not use the Services to violate applicable laws or regulations; infringe intellectual property or privacy rights; transmit malicious software; engage in fraud, harassment, abuse, impersonation, phishing, spam, or other harmful conduct; interfere with the security or operation of the Services; or collect personal information unlawfully.

You also may not circumvent security measures or use automated systems to access the Services in a manner prohibited by applicable law, these Terms, or technical restrictions we reasonably implement.

We may restrict or terminate access to the Services where we reasonably determine that these Terms have been materially violated.

SECTION 14 - TERMINATION

We may suspend or terminate access to the Services where permitted by law, including where these Terms have been materially violated, fraud or misuse is suspected, or continued access creates a security or legal risk.

Provisions that by their nature should survive termination—including intellectual property provisions, disclaimers, limitations of liability, indemnification, and governing-law provisions—will continue to apply after termination where appropriate.

SECTION 15 - DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. We do not guarantee that the Services will always be uninterrupted, timely, secure, or error-free.

Certain jurisdictions do not permit some warranty exclusions or provide consumers with statutory warranties that cannot be waived. Nothing in these Terms excludes or limits rights or warranties that cannot lawfully be excluded.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, LAMASAYA and its service providers, affiliates, contractors, and licensors will not be liable for indirect, incidental, special, punitive, or consequential damages arising from your use of the Services or products purchased through the Services where such damages may lawfully be excluded.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including rights available under applicable consumer protection laws.

SECTION 17 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless LAMASAYA and its affiliates, service providers, contractors, and representatives from third-party claims, losses, liabilities, or reasonable expenses arising from your unlawful use of the Services, your material violation of these Terms, or your infringement of another party’s rights.

SECTION 18 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary. The remaining provisions will continue in effect.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies incorporated or referenced herein, constitute the agreement governing your use of the Services, subject to any rights that cannot be waived under applicable law.

SECTION 20 - ASSIGNMENT

You may not assign your rights or obligations under these Terms without our prior written consent where such restriction is permitted by law. We may assign our rights and obligations as part of a merger, acquisition, reorganization, sale of assets, or other lawful business transfer, subject to applicable law.

SECTION 21 - GOVERNING LAW

These Terms and your use of the Services are governed by applicable laws of the jurisdiction in which LAMASAYA operates, without depriving you of any mandatory consumer protections that apply in your place of residence.

SECTION 22 - HEADINGS

Headings are provided for convenience and do not limit or otherwise affect the interpretation of these Terms.

SECTION 23 - CHANGES TO THESE TERMS

We may update these Terms from time to time by posting the revised version on our website. Where required by applicable law, we will provide appropriate notice of material changes.

Your continued use of the Services after revised Terms become effective constitutes acceptance of those Terms to the extent permitted by applicable law.

SECTION 24 - CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

LAMASAYA
Email: support@lamasaya.com
Website: lamasaya.com

We currently provide customer support primarily through email. Additional contact information may be provided where required by applicable law.