Terms of service

OVERVIEW
Welcome to Mionas Bakery. The terms "we" and "our" refer to Mionas Bakery. Mionas Bakery 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"). Mionas Bakery is powered by Shopify, which enables us to provide you with the Services.

The following terms and conditions, and all the policies referenced within 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 comply with these Terms of Service and our Privacy Policy [LINK]. If you do not accept 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 in which you reside and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing our online stores, browsing them or purchasing any product or service that we offer, you may be asked for certain details, such as your email address, your billing address, your payment method and your shipping address. You represent and warrant that all the information you provide in our stores is accurate, current and complete, and that you hold all the rights necessary to provide this information.
You are solely responsible for preserving the security of your account credentials and for all activity on that account. You may not transfer, sell or assign your account to another person, nor grant licences linked to that account.

SECTION 2: OUR PRODUCTS
We have made every possible effort to offer an accurate representation of our products and services in our online stores. However, you should bear in mind that the colours or the appearance of the product may differ from how they look on your screen due to the type of device you use to access the store and to its settings.
We do not guarantee that the appearance or quality of the products or services that you purchase will meet your expectations or will be identical to those shown 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 the products that we offer to any person, geographic region or jurisdiction as the case may be.

SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. Mionas Bakery reserves the right to accept or reject your order for any reason at its entire discretion. Your order will not be accepted until Mionas Bakery confirms acceptance. We must receive and process your payment for your order to be accepted. Please review your order thoroughly before shipping, since Mionas Bakery may not be able to accommodate cancellation requests once an order has been accepted. In the event that we do not accept, modify in any way or cancel an order, we will attempt to give notice by means of the email address, the billing address or the telephone number provided when placing the order.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
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 prior notice. The price charged for a product or service will be the one in effect at the time the order is placed and will be set out in the order confirmation email that you receive. Unless expressly determined otherwise, the posted prices do not include charges for taxes, shipping, order handling, customs procedures or import.
The prices posted in our online stores may differ from those offered in physical stores, online stores or other stores operated by third parties. From time to time, we may offer promotions on the Services which may affect prices and which are governed by terms and conditions distinct from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
For all purchases made in our stores, you agree to provide current, complete and accurate information on purchases, payments and accounts. You agree to update promptly your account information and other aspects, such as your email address and the numbers and expiry dates of your credit cards, so that we can complete your transactions and contact you as necessary.
You represent and warrant that (i) the credit card information you provided is true, correct and complete; that (ii) you hold due authorisation to use that credit card for the purchase; that (iii) your credit card company will cover the charges you incur; and that (iv) you will pay the charges incurred at the posted prices, including shipping charges, order handling and applicable 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 transport companies, customs processing or events beyond our control. Once we deliver the products to the transport company, title and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to registered trademarks, marks, text, samples, images, graphics, product reviews, video and audio, and the design, selection and arrangement of these, are the property of Mionas Bakery, its affiliates or licensors and are protected by United States and foreign legislation on copyright and other forms of intellectual property.
These terms permit you to use the Services solely for personal, non-commercial purposes. You must not reproduce, distribute, modify, copy into derivative works, publicly display, include in public demonstrations, republish, download, store or transmit the material included in the Services without our prior written consent. Unless expressly established herein, no section of these Terms grants, nor shall be interpreted as an indication of granting, a licence or any other right to you in respect of patents, registered trademarks, copyright or any other form of intellectual property of Mionas Bakery, Shopify or third parties. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. Mionas Bakery reserves all rights not expressly granted herein.
The names, logos, product and service names, designs and slogans of Mionas Bakery are registered trademarks of Mionas Bakery, its affiliates or its licensors. You must not use those registered trademarks without the prior written consent of Mionas Bakery. The name, logo, product and service names, designs and slogans of Shopify are registered trademarks of Shopify. All other names, logos, product and service names, designs and slogans in the Services are registered trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be given access to customer tools offered by third parties over which we exercise no supervision, control or collaboration.
You acknowledge and accept that we provide access to those tools "as is" and "as available" without warranties, representations or conditions of any kind, and without endorsement. We will not assume liabilities arising from your use of the optional third-party tools.
At your entire discretion, you will assume the risk for your use of the optional third-party tools offered through the site, and you must make sure that you know and approve the terms under which the third-party providers offer the tools.
It is possible that, in the future, we will also offer new features through the Services (including the launch of new tools and resources). These new features shall 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 embedded third-party functionality). We are not responsible for the examination or evaluation, nor for the accuracy, of the materials or websites of third parties that you choose to access. If you decide to leave the Services to access these materials or third-party sites, you will do so at your own risk.
We are not responsible for any harm or damage related to your access to third-party websites or to the purchase or use of products, services or resources from third-party websites that you carry out. Review third-party policies and practices carefully, and make sure you understand them before carrying out any transaction. Complaints, claims, concerns or questions relating to third-party products and services must be directed to those third parties.

SECTION 9: RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterises Shopify's relationship with your store and must not be deleted or modified].
Mionas Bakery is powered by Shopify, which enables us to provide you with the Services. However, any sale and purchase that you make in our store is carried out directly with Mionas Bakery. By using the Services, you acknowledge and accept that Shopify is not responsible for any aspect of the sales that take place between you and Mionas Bakery, which includes injury, damage or loss caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising from or relating to your purchases and transactions with Mionas Bakery.

SECTION 10: PRIVACY POLICY
All the personal information that we collect through the Services is subject to our Privacy Policy, which can be consulted here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be consulted here. By using the Services, you acknowledge that you have read these privacy policies.
Given that the Services are hosted on Shopify, Shopify collects and processes personal information linked to your access to the Services and to the use that you make of them in order to provide and improve the Services for you. For the purpose of providing you with services, the information that you send to the Services will be transmitted to, and shared with, Shopify and third parties who may be located in countries in which you do not reside. To obtain more information about how we, Shopify and our partners use your personal information, please review our Privacy Policy [LINK].

SECTION 11: FEEDBACK
If you send, upload, post, communicate by email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively, the "Feedback"), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any purpose, including commercial use. For example, we may make use of our rights under this licence to operate, provide, evaluate, optimise, improve and promote the Services, and to comply with our obligations and enforce our rights under the Terms of Service.
You also represent and warrant that: (i) you hold all the rights necessary for all the Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of the Feedback; and (iii) your Feedback will comply with these Terms. We do not have and will not have the obligation to (1) treat your Feedback as confidential; (2) provide compensation for your Feedback; or (3) respond to your Feedback.
We may, without any obligation to do so, monitor, edit or remove Feedback that, at our sole discretion, we determine to be unlawful, offensive, threatening, slanderous, defamatory, pornographic, obscene or objectionable on some other ground, or that constitutes a violation of the intellectual property of any party or of these Terms of Service.
You accept that your Feedback will not violate any third-party right, including copyright, registered trademark, privacy, personality, or other personal or proprietary rights. You also accept that your Feedback will not contain slanderous or unlawful, abusive or obscene remarks, nor computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be another person or mislead us or third parties as to the origin of the Feedback. You bear sole responsibility for any Feedback that you make and for its accuracy. We are not responsible for Feedback posted by you or by third parties.

SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information about the Services or within them that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any error, inaccuracy or omission and to change or update information or cancel orders in the face of any inaccuracy in the information, at any time, without prior notice (including after you have placed your order).

SECTION 13: PROHIBITED USES
You may access and use the Services solely for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial or state regulations, laws or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, subject to abuse, insult, harm, defame, slander, disparage or intimidate our employees or another person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of "junk mail", "chain messages", "unwanted mail" or any other similar content; (h) to usurp the identity of any other person or entity, or attempt to do so; (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 Mionas Bakery, Shopify or users of the Services, or else expose them to liabilities.
In turn, you accept that you will not do the following: (a) upload or transmit viruses or any other type of malicious code that is used or may be used in any way that affects the functionality or performance of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any fraction of the Services; (c) collect or track the personal information of others; (d) send unwanted mail, practise phishing, commit pharmaceutical fraud, practise fraudulent pretexting, commit spidering offences, or carry out web crawling or scraping; or (e) interfere with or circumvent the security features of the Services or of any related website, other websites or the internet. We reserve the right to suspend, deactivate or close 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 discontinue your access to the Services (or to any part of these) at our entire discretion at any time without prior notice, and your liability for all amounts owed up to and including the date of termination may remain in force.
The following sections will remain in force after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision which by its nature persists after termination.

SECTION 15: DISCLAIMER OF WARRANTIES
The information presented in the Services or through them is made available solely for general information. We do not guarantee the accuracy, the completeness or the usefulness of this information. Any reliance that you place on this information is at your own risk. We reject all liability arising from the reliance placed on such materials by you or by any visitor in respect of the Services, or by any person who may be aware of its content.
UNLESS Mionas Bakery EXPRESSLY ESTABLISHES OTHERWISE, THE SERVICES AND ALL PRODUCTS THAT ARE 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 WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR DECLARE THAT YOU WILL BE ABLE TO MAKE USE OF THE SERVICES IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER. IN SOME JURISDICTIONS THE DISCLAIMER OF IMPLIED WARRANTIES OR WARRANTIES OF ANOTHER KIND IS LIMITED OR NOT PERMITTED, AND THEREFORE THIS DISCLAIMER MAY NOT APPLY IN YOUR CASE.

SECTION 16: LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Mionas Bakery, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, HAVE LIABILITY FOR INJURY, LOSSES, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF INCOME, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER THESE ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, THAT ARISE FROM YOUR USE OF ANY OF THE SERVICES, NOR FOR ANY OTHER CLAIM RELATED IN WHATEVER WAY TO YOUR USE OF THE SERVICES OR OF ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR DAMAGE OF ANY KIND AS A RESULT OF THE USE OF THE SERVICES OR OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICES, EVEN WITH WARNING OF THE POSSIBILITY THAT IT MAY OCCUR.

SECTION 17: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mionas Bakery, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against any loss, damage, liability or claim, including the cost of reasonable lawyers' fees, payable to any third party as a consequence of (1) your breach of these Terms of Service or of the documents that they incorporate by reference, (2) the violation of any law or third-party right, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, on the understanding that the inability to give notice promptly will not release you from your obligations unless you have suffered significant harm. We may control the defence and resolution of that claim at your expense, including the choice of lawyer, but we will not resolve claims that impose non-monetary obligations on you without your consent (without undue delay). You will cooperate in the defence of claims subject to indemnification, for example by providing relevant documents.

SECTION 18: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be applicable to the extent permitted by applicable legislation and the unenforceable section shall be considered severable from these Terms of Service; such a determination will not affect the validity or the applicability of any other provision.

SECTION 19: WAIVER; ENTIRE AGREEMENT
The fact that we do not exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and the policies or operating rules that we post on this site or in respect of the Service constitute in their entirety the agreement and understanding between you and us, govern your use of the Service and prevail over any prior or present agreement, communication and proposal, in oral or written form, between you and us (including, without limitation, any prior version of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be interpreted against the interests of the party that drafted the document.

SECTION 20: ASSIGNMENT
You may not delegate, transfer or assign this Agreement nor your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be considered null and void. We may transfer, assign or delegate these Terms together with the rights and obligations that correspond to us without your consent or notice to you.

SECTION 21: GOVERNING LAW
These Terms of Service and the separate agreements by means of which we provide you with Services shall be governed and interpreted by virtue of the federal and state or territorial courts of the jurisdiction to which Mionas Bakery belongs. You and Mionas Bakery submit to the venue and jurisdiction of those courts.

SECTION 22: HEADINGS
The headings used in this agreement are included solely for practical purposes and will not limit or otherwise affect these Terms.

SECTION 23: 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 modifications on our website. It is your responsibility to visit our website periodically to learn of the modifications. We will notify you of any substantial modification to these Terms in accordance with applicable legislation and those modifications will come into force from the date specified in the notification. Your continued use of the Services or access to them after the posting of any modification of these Terms of Service implies acceptance of those modifications.

SECTION 24: CONTACT INFORMATION
You should send us any questions about the Terms of Service to hola@mionasbakery.com.