Términos del servicio

OVERVIEW Welcome to Durca Chocolate! The terms "we", "us", and "our" refer to Durca Chocolate. Durca Chocolate operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Durca Chocolate is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as 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 to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current, and complete. You are solely responsible for maintaining the security of your account credentials and for all of your account activity.

SECTION 2 - OUR PRODUCTS We have made every effort to provide an accurate representation of our products and services. However, colors, packaging, or product appearance may differ from how they appear on your screen. Because our premium cacao products are crafted with natural ingredients, slight variations in appearance may occur. All descriptions of products 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 any products that we offer to any person, geographic region, or jurisdiction.

SECTION 3 - ORDERS AND RESALE LIMITATIONS When you place an order, you are making an offer to purchase. Durca Chocolate reserves the right to accept or decline your order for any reason. Your order is not accepted until Durca Chocolate confirms acceptance and payment is processed. Your purchases are subject to return or exchange solely in accordance with our Order Issues, Returns, and Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export. Unauthorized resale of Durca Chocolate products is strictly prohibited without a formalized wholesale agreement.

SECTION 4 - PRICES AND BILLING Prices, discounts, and promotions are subject to change without notice. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store, and you agree to promptly update this information so that we can complete your transactions.

SECTION 5 - SHIPPING AND DELIVERY Because temperature control is critical for premium chocolate, we monitor our logistics closely; however, we are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather events, or circumstances outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including all trademarks, brands, text, displays, images, graphics, and the design thereof, are owned by Durca Chocolate, its affiliates, or licensors and are protected by applicable intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. Durca Chocolate's names, logos, product and service names, and designs are trademarks of Durca Chocolate. You must not use such trademarks without prior written permission.

SECTION 7 - OPTIONAL TOOLS You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We provide access to such tools "as is" and without any warranties.

SECTION 8 - THIRD-PARTY LINKS The Services may contain hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content of any third-party materials. Complaints regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY Durca Chocolate is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Durca Chocolate. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Durca Chocolate.

SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes personal information about your access to and use of the Services.

SECTION 11 - FEEDBACK If you submit ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, and distribute such Feedback. We take no responsibility and assume no liability for any Feedback posted by you.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, and availability. We reserve the right to correct any errors and to change or update information or cancel orders at any time without prior notice.

SECTION 13 - PROHIBITED USES You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful purpose; (b) to violate any regulations, rules, or laws; (c) to infringe upon our intellectual property rights; (d) to transmit false or misleading information; (e) to collect the personal information of others; or (f) to interfere with the security features of the Services.

SECTION 14 - AGENTS 14.1 This section applies if you deploy an Agent (any software or service that takes autonomous action) to access the Services. 14.2 No Agent may access the Services unless it identifies itself. 14.3 We may limit whether and how any Agent accesses the Services. 14.4 Agents must identify themselves in HTTP/HTTPS requests and not conceal that access is from an Agent.

SECTION 15 - TERMINATION We may terminate this agreement or your access to the Services at our sole discretion at any time without notice.

SECTION 16 - DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY STATED BY DURCA CHOCOLATE, THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

SECTION 17 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL DURCA CHOCOLATE OR OUR PARTNERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

SECTION 18 - INDEMNIFICATION You agree to indemnify, defend, and hold harmless Durca Chocolate and our affiliates from any losses, damages, liabilities, or claims arising out of your breach of these Terms of Service or your violation of any law.

SECTION 19 - SEVERABILITY If any provision of these Terms is determined to be unlawful, void, or unenforceable, the unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity of remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT The failure to exercise any right or provision of these Terms shall not constitute a waiver. These Terms constitute the entire agreement between you and us, superseding any prior agreements.

SECTION 21 - ASSIGNMENT You may not delegate, transfer, or assign this Agreement or any of your rights without our prior written consent.

SECTION 22 - GOVERNING LAW These Terms of Service shall be governed by and construed in accordance with the laws of Ecuador, and any disputes shall be subject to binding arbitration held in Quito, Pichincha, Ecuador.

SECTION 23 - HEADINGS The headings used in this agreement are included for convenience only.

SECTION 24 - CHANGES TO TERMS OF SERVICE We reserve the right to update or change these Terms of Service by posting updates to our website. It is your responsibility to check our website periodically for changes.

SECTION 25 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at hello@durcachocolate.com. Our contact information is posted below:

Durca Chocolate hello@durcachocolate.com 418 BROADWAY STE N, ALBANY, NY, 12207, US