Terms of service

OVERVIEW
Welcome to MOUCHI. The terms “we” and “our” refer to MOUCHI. MOUCHI operates this store and website, including all information, content, features, tools, products, and services provided to you, the customer, to deliver a curated shopping experience (the “Services”). MOUCHI uses Shopify technology to provide the Services.

These Terms and Conditions, together with 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 contain important information regarding your legal rights and cover areas such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy [LINK]. 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 of at least the age of majority in your state or province of residence and that you have provided consent for 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 provided in our stores is accurate, 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 all activity under your account. You may not transfer, sell, or assign your account to another person, nor grant licenses linked to your account.

SECTION 2: OUR PRODUCTS
We make every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they appear on your screen due to your device type 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 at our sole discretion without notice. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction as applicable.

SECTION 3: ORDERS
By placing an order, you are making an offer to purchase. MOUCHI reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until MOUCHI confirms acceptance. Payment must be received and processed for order acceptance.

Please review your order carefully before shipping, as MOUCHI may not be able to accommodate cancellation requests once an order is accepted. If we do not accept, modify, or cancel your order, we will attempt to notify you via the email, billing address, or phone number provided at the time of order.

Your purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are for personal or household use only and not for resale or export for commercial purposes.

SECTION 4: PRICING 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 stated in the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs fees, or import duties.

Prices posted in our online stores may differ from those offered in physical, online, or third-party stores. Occasionally, we may offer promotions on the Services that may affect prices and are governed by terms separate from these Terms. In case of a conflict between promotion terms and these Terms, the promotion terms shall prevail.

For all purchases made in our stores, you agree to provide accurate, complete, and current information regarding purchases, payments, and accounts. You agree to promptly update account information and other details, such as your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as necessary.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you have the proper authorization to use the credit card for the purchase; (iii) your credit card issuer will cover charges incurred by you; and (iv) you will pay the charges for the items at the posted prices, including shipping, 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 not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once we deliver products to the shipping carrier, ownership and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, logos, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of MOUCHI, its affiliates, or licensors and are protected by U.S. and foreign copyright and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material included in the Services without our prior written consent.

Unless expressly stated herein, no section of these Terms grants or should be construed as granting any license or other rights to you regarding MOUCHI, Shopify, or third-party patents, trademarks, copyrights, or other intellectual property. Unauthorized use of the Services may violate federal and state intellectual property laws. MOUCHI reserves all rights not expressly granted herein.

The names, logos, product and service names, designs, and slogans of MOUCHI are trademarks of MOUCHI, its affiliates, or its licensors. You may not use these trademarks without prior written consent. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans of the Services are trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS
You may be given access to customer tools provided by third parties as part of the Services, over which we exercise no supervision, control, or collaboration.

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 assume no responsibility for your use of optional third-party tools.

At your own discretion, you assume the risk for using optional third-party tools provided through the site, and you must ensure you understand and agree to the terms under which the third-party provider offers the tools.

We may also offer new features in the future through the Services, which will be considered part of the Services and subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to third-party websites (including embedded third-party functionality). We are not responsible for reviewing or evaluating, nor for the accuracy of, materials or websites of third parties you choose to access.

If you choose 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 damages or losses related to your access to third-party websites or your purchase or use of products, services, or resources from third-party websites. Please review third-party policies carefully before making any transactions. Complaints, claims, or questions related to third-party products and services should be directed to the third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes Shopify’s relationship with your store and should not be removed or altered.]
MOUCHI uses Shopify technology to provide the Services. However, all sales and purchases made on our store are conducted directly with MOUCHI. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and MOUCHI, including injury, damages, or losses caused by products or services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or relating to your purchases or transactions with MOUCHI.

SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy [LINK]. By using the Services, you acknowledge that you have read these privacy policies.

As the Services are hosted on Shopify, Shopify collects and processes personal information related to your access and use of the Services to provide and improve the Services. Information you submit to the Services will be transmitted to Shopify and to third parties in countries where you do not reside. For more information on how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].

SECTION 11: USER COMMENTS
If you submit, post, or transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (“Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any media for any purpose, including commercial use.

You also represent and warrant that: (i) you have all necessary rights to the Comments; (ii) you disclosed any compensation received for submitting the Comments; and (iii) your Comments comply with these Terms. We have no obligation to (1) keep Comments confidential; (2) pay for Comments; or (3) respond to Comments.

We may, at our sole discretion, monitor, edit, or remove Comments that we deem illegal, offensive, threatening, defamatory, obscene, infringing, or otherwise objectionable.

You agree that your Comments will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also agree that your Comments will not contain defamatory, illegal, abusive, obscene, or offensive content, nor any computer viruses or other malware that could interfere with the operation of the Services or any related website. You may not use a false email address, impersonate any person, or misrepresent the origin of your Comments, whether to us or to third parties. You are solely responsible for all Comments you make and for their accuracy. We are not responsible for Comments posted by you or by third parties.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, the information on or provided through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, 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 due to inaccuracies at any time, without prior notice (even after you have placed an 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, to:
(a) engage in illegal or malicious activities;
(b) violate any local, national, or international laws or regulations;
(c) infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) harass, abuse, insult, harm, defame, slander, discredit, or intimidate our employees or any other person;
(e) transmit false or misleading information;
(f) knowingly send, receive, upload, download, use, or reuse material that does not comply with these Terms;
(g) transmit or attempt to transmit "spam," chain letters, junk mail, or any other similar content;
(h) impersonate any person or entity or attempt to do so;
(i) engage in any conduct that restricts or inhibits the use or enjoyment of the Services by others or that, in our sole discretion, may harm MOUCHI, Shopify, or other 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 could affect the functionality or delivery 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 unsolicited communications, engage in phishing, commit pharmaceutical fraud, commit fraudulent staging, spidering, or web scraping;
(e) interfere with or circumvent security features of the Services or related websites, other websites, or the Internet.

We reserve the right to suspend, disable, 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 notice. Your liability for all amounts due up to the date of termination shall survive termination.

The following sections will survive termination: Intellectual Property, User Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature survive termination.

SECTION 15: DISCLAIMER OF WARRANTIES
The information provided through the Services is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY MOUCHI, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR WARRANT THAT YOU WILL BE ABLE TO USE THE SERVICES UNINTERRUPTED, TIMELY, SECURELY, OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16: LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL MOUCHI, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS, OR ANY RELATED CLAIMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MOUCHI, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys’ fees, payable to any third party arising from (1) your violation of these Terms or incorporated documents; (2) violation of any law or third-party rights; or (3) your access to or use of the Services.

We will notify you of any claim subject to indemnification. Failure to provide timely notice does not release your obligations unless substantial harm is caused. We may control the defense and resolution at your expense, including attorney selection, but will not resolve claims imposing non-monetary obligations on you without your consent. You agree to cooperate in defending such claims, including providing relevant documentation.

SECTION 18: SEVERABILITY
If any provision of these Terms is found to be illegal, invalid, or unenforceable, it shall be enforced to the maximum extent permissible, and the unenforceable portion shall be deemed severable. This determination shall not affect the validity or enforceability of any other provision.

SECTION 19: WAIVER; ENTIRE AGREEMENT
Failure to exercise or enforce any right or provision of the Terms does not constitute a waiver. These Terms, together with any policies or operational rules published on this site, constitute the entire agreement between you and us and govern your use of the Services. They supersede any prior agreements or communications, whether oral or written, including prior versions of the Terms. Any ambiguity in interpreting these Terms shall not be construed against the drafting party.

SECTION 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any rights or obligations under these Terms without our prior written consent; any attempt is void. We may transfer, assign, or delegate these Terms, including our rights and obligations, without your consent or notice.

SECTION 21: GOVERNING LAW
These Terms and any separate agreements for providing Services shall be governed and interpreted under the federal and state or territorial courts of MOUCHI’s jurisdiction. You and MOUCHI submit to the jurisdiction of such courts.

SECTION 22: HEADINGS
Headings are for convenience only and do not limit or affect the interpretation of these Terms.

SECTION 23: CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates on our website. You are responsible for periodically reviewing changes. We will notify you of any material changes as required by law. Continued use of the Services after changes constitutes acceptance of the updated Terms.

SECTION 24: CONTACT INFORMATION
Any questions regarding these Terms should be sent to <a href="mailto:info@pontextil.com">info@pontextil.com</a>.
Our contact information:
PONTEXTIL GLOBAL, SL
C/ Benito Corbal, 14 - 8D
Tel: +34 684 770 589
VAT: B22816060