Terms Of Service
Overview
Welcome to Tierralú. The terms "we," "us," and "our" refer to Tierralú. Tierralú operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a straightforward and enjoyable shopping experience (the "Services"). Tierralú is powered by Shopify, which enables us to deliver the Services to you.
The terms and conditions below, together with any policies referenced within (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms carefully. They contain important information about your legal rights, including 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, please do not use or access our Services.
Section 1 — Access and Account
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, and that you have given consent for any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services — including browsing our store or completing a purchase — you may be asked to provide information such as your email address, billing details, payment information, and shipping address. You represent and warrant that all information you provide is accurate, current, and complete, and that you have the right to provide it.
You are solely responsible for the security of your account credentials and all activity that takes place under your account. Accounts may not be transferred, sold, or assigned to another person.
Section 2 — Our Products
We have made every effort to represent our products accurately on our website. However, colors and product appearance may vary depending on the device, display settings, and screen configuration you are using to browse.
We do not warrant that the appearance or quality of any item purchased will match your expectations or exactly match what is shown on our website.
Product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product and to limit quantities available to any individual, region, or jurisdiction at our sole discretion.
Section 3 — Orders
When you place an order, you are making an offer to purchase. Tierralú reserves the right to accept or decline any order at its discretion. Your order is not confirmed until Tierralú sends an acceptance confirmation. Payment must be received and processed before an order is accepted.
Please review your order carefully before submitting. Once an order is accepted, we may not be able to accommodate cancellation requests. If an order is declined, modified, or cancelled, we will attempt to notify you using the contact details provided at checkout.
All purchases are subject to return or exchange solely in accordance with our Return & Refund Policy.
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
Section 4 — Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for an item will be the price in effect at the time the order is placed, as confirmed in your order confirmation email. Unless stated otherwise, listed prices do not include taxes, shipping, handling, customs, or import charges.
Prices on our website may differ from those offered in physical stores or through third-party retailers. Promotional pricing is governed by its own terms and conditions. Where a conflict exists between promotional terms and these Terms, the promotional terms will take precedence.
You agree to provide accurate, complete, and current payment and account information for all purchases. You agree to keep your account details up to date — including your email address, card number, and expiration date — so we can complete transactions and reach you when needed.
You represent and warrant that the payment information you provide is accurate and that you are authorized to use the payment method provided.
Section 5 — Shipping and Delivery
Tierralú is not liable for shipping or delivery delays. All delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or circumstances outside our control. Once your order is handed off to the carrier, title and risk of loss transfer to you. For full details on shipping timeframes and procedures, please review our Shipping Policy.
Section 6 — Intellectual Property
All content on our Services — including but not limited to trademarks, text, images, graphics, product photography, video, audio, and the design and arrangement thereof — is owned by Tierralú, its affiliates, or licensors and is protected under U.S. and international intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Unauthorized use may constitute a violation of applicable intellectual property laws. All rights not expressly granted are reserved by Tierralú.
Tierralú's name, logo, product names, designs, and slogans are trademarks of Tierralú or its affiliates. You may not use them without prior written permission. Shopify's name and related marks are trademarks of Shopify. All other marks on the Services belong to their respective owners.
Section 7 — Optional Tools
You may have access to third-party tools made available through the Services. These tools are not monitored, controlled, or endorsed by Tierralú.
Access to such tools is provided "as is" and "as available" without warranties or representations of any kind. Tierralú has no liability arising from your use of any optional third-party tools. Use of these tools is entirely at your own risk, and you should review the terms of the relevant third-party provider before using them.
New features or tools may be added to the Services in the future. These will also be subject to these Terms of Service.
Section 8 — Third-Party Links
Our Services may include links or references to third-party websites. Tierralú is not responsible for the content, accuracy, or practices of any third-party site you choose to visit. Accessing third-party websites is done at your own risk.
Tierralú is not liable for any harm or loss related to your use of third-party websites or any products or services obtained through them. Review the policies of any third-party site carefully before engaging in a transaction. Any complaints or concerns regarding third-party products or services should be directed to the relevant third party.
Section 9 — Relationship with Shopify
Tierralú is powered by Shopify, which enables us to operate our store and provide the Services. However, all sales and purchases are made directly with Tierralú. By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and Tierralú, including any injury, loss, or damage arising from products purchased. You expressly release Shopify and its affiliates from all claims, damages, and liabilities related to your purchases from Tierralú.
Section 10 — Privacy Policy
All personal information collected through the Services is handled in accordance with our Privacy Policy. Certain information may also be subject to Shopify's Privacy Policy. By using the Services, you confirm that you have read and understood both policies.
Because our Services are hosted by Shopify, Shopify collects and processes certain information about your use of the Services. Information submitted through the Services may be shared with Shopify and with third parties in other countries in order to fulfill your order. Please refer to our Privacy Policy for full details.
Section 11 — Feedback
If you submit feedback, reviews, suggestions, or other content to us, you grant Tierralú a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, and distribute that content in any medium for any purpose, including to operate, improve, and promote the Services.
You represent and warrant that you own or have the right to submit all feedback provided, that you have disclosed any compensation received in connection with it, and that your submission complies with these Terms. Tierralú is under no obligation to keep your feedback confidential, compensate you for it, or respond to it.
We may monitor, edit, or remove any feedback that we determine to be unlawful, offensive, or otherwise objectionable at our sole discretion.
You agree that your feedback will not infringe on any third-party rights and will not contain unlawful, abusive, or harmful content. You are solely responsible for the accuracy and content of anything you submit.
Section 12 — Errors, Inaccuracies, and Omissions
From time to time, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any such errors and to update, modify, or cancel orders where information is found to be inaccurate, at any time and without prior notice.
Section 13 — Prohibited Uses
You may only use the Services for lawful purposes. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe on our intellectual property or that of any third party; (d) to harass, harm, or defame any individual; (e) to transmit false or misleading information; (f) to upload or distribute material that does not comply with these Terms; (g) to send unsolicited communications or spam; (h) to impersonate any person or entity; or (i) to engage in conduct that restricts or interferes with anyone else's use of the Services.
You also agree not to: (a) upload or transmit malicious code or viruses; (b) reproduce, resell, or exploit any part of the Services; (c) collect personal information from other users; (d) engage in phishing, scraping, or unauthorized data collection; or (e) interfere with the security features of the Services. We reserve the right to suspend or terminate your access at any time if we determine you have violated these Terms.
Section 14 — Termination
We may terminate this agreement or your access to the Services at any time, without notice, at our sole discretion. You will remain responsible for all amounts owed up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that by their nature should continue beyond termination.
Section 15 — Disclaimer of Warranties
Information provided through the Services is made available for general informational purposes only. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is at your own risk.
Except as expressly stated by Tierralú, all Services and products are provided "as is" and "as available," without warranties or conditions of any kind — express or implied — including warranties of merchantability, fitness for a particular purpose, durability, or non-infringement. We do not guarantee that use of the Services will be uninterrupted, timely, secure, or error-free. Applicable law in some jurisdictions may limit these disclaimers.
Section 16 — Limitation of Liability
To the fullest extent permitted by law, Tierralú, its partners, directors, employees, affiliates, agents, contractors, and licensors — as well as those of Shopify and its affiliates — shall not be liable for any injury, loss, claim, or damages of any kind, including lost profits, lost revenue, loss of data, or replacement costs, arising from your use of the Services or any products purchased through them, even if advised of the possibility of such damages.
Section 17 — Indemnification
You agree to indemnify and hold harmless Tierralú, Shopify, and their respective affiliates, officers, directors, employees, agents, and service providers from any losses, damages, liabilities, or claims — including reasonable legal fees — arising from: (1) your breach of these Terms; (2) your violation of any applicable law or third-party rights; or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim. We may manage the defense and settlement of such claims at your expense but will not agree to any settlement requiring non-monetary obligations from you without your consent. You agree to cooperate in the defense of any such claims.
Section 18 — Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will continue in full force and effect.
Section 19 — Waiver; Entire Agreement
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted on our website, constitute the entire agreement between you and Tierralú regarding your use of the Services, and supersede all prior agreements, communications, and proposals.
Any ambiguities in the interpretation of these Terms shall not be construed against either party.
Section 20 — Assignment
You may not transfer or assign this agreement or any rights under it without our prior written consent. Any attempt to do so will be null and void. Tierralú may transfer or assign these Terms and its rights and obligations without notice to you.
Section 21 — Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction where Tierralú is headquartered. You and Tierralú consent to the venue and personal jurisdiction of such courts.
Section 22 — Headings
Section headings are included for convenience only and do not affect the interpretation of these Terms.
Section 23 — Changes to Terms of Service
The most current version of these Terms is always available on this page. We reserve the right to update or replace any part of these Terms at any time by posting the revised version to our website. It is your responsibility to check this page periodically. We will notify you of any material changes as required by applicable law. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.