Terms of service

Overview

Welcome to PALOMA MARINÉ. The terms "we," "us," and "our" refer to PALOMA MARINÉ. PALOMA MARINÉ 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”). PALOMA MARINÉ uses Shopify technology that enables us to provide you with the Services.

The following terms and conditions, and all policies referenced herein (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 comply with 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 of your residence, and that you have given us 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 our online stores, browsing them, or purchasing any product or service we offer, you may be required 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 to our stores is accurate, 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 associated with your account. You may not transfer, sell, or assign your account to another person, nor license any rights connected to your account.

SECTION 2: OUR PRODUCTS

We have made every effort to provide accurate representations of our products and services in our online stores. However, please note that product colors 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 products or services you purchase will meet your expectations or be identical to what is 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 may limit the quantities of products offered to any person, geographic region, or jurisdiction as applicable.

SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. PALOMA MARINÉ reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until PALOMA MARINÉ confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as PALOMA MARINÉ may not be able to accommodate cancellation requests once an order is accepted.
If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, or phone number provided at the time of order.
Your purchases are subject only to returns or exchanges 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 export for commercial purposes.

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 forth in the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include taxes, shipping, order handling, customs, or import duties.
Prices listed in our online stores may differ from those offered in physical stores, other online shops, or by third parties. From time to time, we may offer promotions that affect pricing and are governed by separate terms and conditions. If a conflict arises between promotional terms and these Terms, the promotional terms will prevail.
For all purchases, you agree to provide current, complete, and accurate information regarding purchases, payments, and accounts. You agree to promptly update your account and other information, 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; (iii) the charges you incur will be honored by your credit card company; 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 shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once products are delivered to the carrier, title and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, trade names, text, samples, images, graphics, product reviews, video and audio, and their design, selection, and arrangement, are the property of PALOMA MARINÉ, its affiliates, or licensors, and are protected by U.S. and international copyright and intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, copy derivative works, publicly display, publicly perform, republish, download, store, or transmit material included in the Services without our prior written consent. Except as expressly provided herein, no part of these Terms shall be construed as granting any license or right to you regarding patents, trademarks, copyrights, or any other form of intellectual property of PALOMA MARINÉ, Shopify, or third parties. Unauthorized use of the Services may violate federal and state intellectual property laws. PALOMA MARINÉ reserves all rights not expressly granted herein.

The names, logos, product and service names, designs, and slogans of PALOMA MARINÉ are trademarks of PALOMA MARINÉ, its affiliates, or its licensors. You may not use such trademarks without PALOMA MARINÉ’s prior written permission. The names, logos, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans used in the Services are the trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS

As part of the Services, you may be given access to client tools provided by third parties over which we exercise no monitoring, 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 endorsement. We shall have no liability whatsoever 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 risk and discretion, and you should ensure that you are familiar with and approve the terms on which 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 subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or managed by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, nor do we warrant the accuracy of, third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party websites, you do so at your own risk.
We shall not be liable for any harm or damages related to your access to third-party websites or to the purchase or use of products, services, or resources from third-party websites. Please carefully review third-party policies and practices to ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section accurately characterizes Shopify’s relationship with your store and must not be removed or modified.]
PALOMA MARINÉ uses Shopify technology to provide you with the Services. However, any sales or purchases you make in our store are made directly with PALOMA MARINÉ. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales taking place between you and PALOMA MARINÉ, including injuries, damages, or losses caused by purchased products or services. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchases and transactions with PALOMA MARINÉ.

SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available here, and certain personal information may also be subject to Shopify’s Privacy Policy, available 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 and use of the Services in order to provide and improve the Services for you. For purposes of providing services, the information you submit to the Services will be transmitted to Shopify and third parties that may be located in countries other than where you reside, and shared with them. 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, feedback, 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 medium and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to meet our obligations and enforce our rights under these Terms of Service.
You also represent and warrant that: (i) you own all rights to your Comments; (ii) you have disclosed any compensation or incentive received in connection with submitting the Comments; and (iii) your Comments will comply with these Terms. We have no obligation to (1) keep your Comments confidential; (2) compensate you for your Comments; or (3) respond to your Comments.
We may, but are not obligated to, monitor, edit, or remove Comments that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or that infringe 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 unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any 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, information on or within the Services may contain 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 may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate international, federal, provincial, state, or local regulations, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or those 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 reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of “junk mail,” “chain letters,” “spam,” or other similar content; (h) to impersonate any person or entity, or attempt to do so; 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 PALOMA MARINÉ, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality or performance 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, engage in phishing, pharming, pretexting, spidering, crawling, or scraping; 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, deactivate, or terminate your account at any time without 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 our sole discretion at any time without prior notice, and you may remain liable for all amounts due up to and including the date of termination.
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 provided on or through the Services is made available solely for general informational 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 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 PALOMA MARINÉ, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY QUALITY, 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. IN SOME JURISDICTIONS, LIMITATIONS ON IMPLIED WARRANTIES ARE NOT ALLOWED, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16: LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PALOMA MARINÉ, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR 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 ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS, 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, 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 MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless PALOMA MARINÉ, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorney’s fees, brought by any third party as a result of (1) your breach of these Terms of Service or any documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to or use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to promptly notify you shall not relieve you of your obligations unless you suffer substantial prejudice. We may control the defense and settlement of any claim at your expense, including choice of counsel, but we will not settle any claims imposing non-monetary obligations on you without your consent (not unreasonably withheld). You will cooperate with the defense of any indemnified claim, including providing relevant documents.

SECTION 18: SEVERABILITY

If any provision of these Terms of Service is found unlawful, void, or unenforceable, such provision shall nonetheless 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 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, together with any policies or operating rules we post on this site or in respect to the Service, constitute the entire agreement and understanding between you and us, governing your use of the Service and 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 void. We may freely assign, transfer, or delegate these Terms of Service, in whole or in part, without restriction. Subject to the foregoing, these Terms of Service are binding upon and shall inure to the benefit of the parties and their respective successors and assigns.

SECTION 21: GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of laws principles.

SECTION 22: CONTACT INFORMATION

If you have any questions about the Terms of Service, please contact us at:
📧 hello@palomamarine.com

SECTION 23: MODIFICATIONS TO TERMS

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 to our website. Your continued use of or access to our Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24: INTERPRETATION

Headings are inserted for convenience only and shall not affect the meaning or interpretation of these Terms.

Paloma Mariné 
hello@palomamarine.com