TERMS OF SERVICE
OVERVIEW
This website is operated by Panacella Factory. Throughout the site, the terms "we", "us" and "our" refer to Panacella Factory. Panacella Factory offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchase something from us, you agree to our "Service" and agree to comply with the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and conditions and policies mentioned in this document and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these terms of service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, your acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to the laws of copyright).
You must not transmit any worms or viruses or any code of a destructive nature.
Breach or violation of any of the Terms will result in immediate termination of your Services .
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to adjust and adapt to the technical requirements of the connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which it is provided the service, without our express written permission
Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for informational purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS AND SERVICES
Some products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service that we offer. All product descriptions or prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any product, service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service are corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by merchants, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.
For more details, please review our Returns Policy
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or input.
You acknowledge and agree that we provide you with access to such tools on an "as is" and "according basis" basis. Availability", without warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or related to your use of any optional third party tools.
Any use of any optional tools offered through the website is at your own risk and discretion, and you must ensure that you are aware of and agree to the terms on which the tools are provided by the applicable third-party provider(s).
We may also offer new services and/or features in the future through the website (including the launch of new tools and resources). These new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD PARTY LINKS
Some content, products and services available through our Service may include materials from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant or have any liability for third party materials or websites, or for any other third party materials, products or services.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transaction made in connection with third party websites. Please review the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or, without our asking you, send creative ideas, suggestions, proposals, plans or other materials, either online, by email, postal mail or otherwise (collectively, "comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium the comments you send us. We are and will be under no obligation (1) to maintain the confidentiality of any comments; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Service
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right . You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, nor will they contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate someone other than yourself, or otherwise mislead us or any third party as to the origin of comments. You are solely responsible for the comments you make and their accuracy. We do not take any responsibility for comments posted by you or third parties.
SECTION 10 - PERSONAL INFORMATION
Submitting personal information through the store is governed by our Privacy Policy. To view our privacy policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping charges products, 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 in the Service or on any related website is inaccurate at any time and without notice (including after you have submitted your order).
We undertake no obligation to update, change or clarify any information in the Service or on any related website, including, without limitation, pricing information, except as required by you. the law. No update date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been changed or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any illegal act; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information (g) upload or transmit viruses or any other type of malicious code that affects or may affect the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track the personal information of others (i) to spam, phishing, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses
SECTION 13 - DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
We do not warrant that the use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that, from time to time, we may withdraw the service for indefinite periods of time or cancel the service at any time, without notice.
You expressly agree that your use of the service , or the inability to use it, will be at your own risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranty or condition of any kind, whether whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Panacella Factory, our directors, officers, employees, affiliates, agents, contractors, interns, vendors, service providers, or licensors shall be liable for any injury, loss, claim, or any 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 any similar damage, whether based on a contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the services or any products obtained through the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or made available through the service, even if advised of its possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Panacella Factory and its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, brought by any third party due to, or arising out of, your breach of these Terms of Service or the documents incorporated by reference, or the violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is found to be illegal, void, or unenforceable, that provision will nonetheless be enforceable to the extent permitted by applicable law, and the unenforceable portion shall be deemed separate from these Terms of Service, without such determination affecting the validity and enforceability of the other provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes
These Terms of Service are effective unless and until terminated for you or for us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If in our judgment you are in breach, or we suspect that you are in breach, of any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of 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 regulations of operation published by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.
SECTION 18 - APPLICABLE LAWS
These terms of service and any other agreement by which we provide services to you will be governed by and interpreted in accordance with the laws of Calle Cobalto 09, Barcelona, CT, 08907, Spain.
SECTION 19 - CHANGES TO 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. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the terms of service should be sent to online@protella.com
.