Terms of service

General Description

Welcome to Jibarito de la Cajita. The terms “we,” “us,” and “our” refer to Jibarito de la Cajita. Jibarito de la Cajita 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”). Jibarito de la Cajita uses Shopify technology that allows us to provide you with 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 by our Privacy Policy. If you do not agree with 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 where you reside and that you have given us your consent to allow any minors under 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 product or service 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 rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, or assign your account to another person, nor may you grant licenses tied to that 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, 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 the products or services you purchase will meet your expectations or be identical to those shown in our online stores.

All product descriptions are subject to change at any time without prior notice and 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. Jibarito de la Cajita reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Jibarito de la Cajita confirms acceptance. We must receive and process your payment in order to accept your order.

Please review your order carefully before submitting it, as Jibarito de la Cajita 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 via the email, billing address, or phone number provided when the order was placed.

Your purchases are subject to returns or exchanges only in accordance with our Return 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 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, listed prices do not include taxes, shipping, handling, customs, or import duties.

Prices listed in our online stores may differ from those 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 affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between a promotion’s terms and these Terms, the promotion’s terms will prevail.

For all purchases made in our stores, you agree to provide current, complete, and accurate information for purchases, payments, and accounts. You agree to promptly update your account information and any 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 that 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 any applicable shipping, handling, and taxes.

Section 5: Shipping and Delivery

We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once we hand over the products to the carrier, title and risk 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 the property of Jibarito de la Cajita, its affiliates, or licensors and are protected by United States and foreign copyright and other intellectual property laws.

These Terms allow you to use the Services solely for personal, non-commercial purposes. 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.

Unless expressly stated otherwise in these Terms, nothing in these Terms grants or shall be construed as granting you any license or other right in or to any patents, trademarks, copyrights, or other intellectual property of Jibarito de la Cajita, Shopify, or any third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Jibarito de la Cajita reserves all rights not expressly granted herein.

The names, logos, product and service names, designs, and slogans of Jibarito de la Cajita® are trademarks of Jibarito de la Cajita, its affiliates, or its licensors. You must not use such trademarks without the prior written consent of Jibarito de la Cajita. 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 in the Services are trademarks of their respective owners.

Section 7: Optional Tools

As part of the Services, we may provide you with access to customer 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 any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional third-party tools offered through the site is entirely at your own discretion and risk, and you should ensure that you are familiar with and approve the terms on which such tools are provided by the relevant third-party provider(s).

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 shall 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 examining or evaluating, and we do not warrant the accuracy of, any materials or third-party websites that you choose to access. If you decide 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 harm or damage related to your access to third-party websites or to any purchase or use of products, services, or resources offered on such third-party websites. Please carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

Section 9: Relationship with Shopify

Jibarito de la Cajita uses Shopify technology to provide you with the Services. However, any sale or purchase made in our store is carried out directly with Jibarito de la Cajita. 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 Jibarito de la Cajita, including any injuries, damages, or losses caused by the products and services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liability arising out of or related to your purchases and transactions with Jibarito de la Cajita.

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. In order to provide the Services, the information you submit to the Services will be transmitted to Shopify and to third parties who may be located in countries other than your own, and will be 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, 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 medium 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 the 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 have no obligation to (1) keep your Comments confidential; (2) provide compensation for your Comments; or (3) respond to your Comments.

We may, but are not obligated to, monitor, edit, or remove Comments that, in our sole discretion, we determine to be 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 any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You also agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus 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 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 and shall have no liability for any Comments posted by you or any third party.

Section 12: Errors, Inaccuracies, and Omissions

From time to time, there may be information on or about 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 on the Services 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 any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) to infringe upon 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 reuse 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 other 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 Jibarito de la Cajita, Shopify, or users of the Services, or expose them to liability.

You also agree not to: (a) upload or transmit any viruses or any other type of malicious code that will or may be used in any way that will affect 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 our sole discretion at any time without prior notice, and you will 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 presented on 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 otherwise by Jibarito de la Cajita, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all 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 uninterrupted, timely, secure, or error-free. In some jurisdictions, the exclusion of certain warranties may be limited or 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 Jibarito de la Cajita, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, nor Shopify and its affiliates, be liable for any injuries, losses, claims, 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 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 their possibility.

Section 17: Indemnification

You agree to indemnify, defend, and hold harmless Jibarito de la Cajita, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorney’s fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the 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 will not relieve you of your obligations unless you have been 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 agree to cooperate with us in the defense of any claims subject to indemnification, 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 nonetheless 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

The failure by us 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 to the Service constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede 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 along with our rights and obligations without your consent or notice to you.

Section 21: Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction to which Jibarito de la Cajita belongs. You and Jibarito de la Cajita submit to the jurisdiction and venue of such courts.

Section 22: Headings

The headings used in this agreement are included for convenience only and will 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 to 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 from 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

Any questions about the Terms of Service should be sent to us at info@jibaritodelacajita.com.

Our contact information is listed below:

Business Name

Jibarito de la Cajita

Email Address

info@jibaritodelacajita.com

Mailing Address

425 Carr 693 Suite 1, PMB 184, Dorado PR 00646