Terms Of Service
TERMS OF SERVICE
OVERVIEW
Welcome to El Mercadito Convenience Shop!
The terms “we,” “us,” and “our” refer to El Mercadito Convenience Shop. El Mercadito Convenience Shop operates this store and website, including the information, content, features, tools, products, and related services that we make available to our customers (the “Services”).
Our store is powered by Shopify, which provides the e-commerce platform that enables us to offer our products and Services.
The following terms and conditions, together with the policies referenced herein (the “Terms of Service” or “Terms”), describe the rights and responsibilities related to the use of our Services.
By visiting, interacting with, purchasing from, or using our Services, you agree to these Terms of Service and our applicable store policies. If you do not agree to these Terms, you should not use our Services.
SECTION 1 - ACCESS AND ACCOUNT
By using our Services, you represent that you are at least the legal age of majority in your state or place of residence, or that you have the appropriate authorization to use our Services.
To make a purchase, you may be required to provide information such as your email address, billing information, payment information, and shipping information.
You are responsible for providing accurate, current, and complete information and for maintaining the security of your account credentials.
SECTION 2 - OUR PRODUCTS AND SERVICES
We make reasonable efforts to display our products and services as accurately as possible. However, the colors, sizes, or appearance of certain products may vary slightly depending on the device, screen, or other factors.
Product descriptions, prices, and availability may be changed when necessary.
We reserve the right to limit quantities, discontinue products or services, and correct information when appropriate.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept, reject, or cancel an order when there is a valid reason to do so, including availability issues, payment issues, incorrect pricing, suspected fraud, or other order-related errors.
Payment must be authorized and processed before the order is completed.
The customer is responsible for carefully reviewing the order, including products, quantities, shipping address, and other information, before completing the purchase.
Returns and refunds are subject to our current Return and Refund Policy.
Products identified as final sale, including products in Ofertas & Promos and Servicios Digitales, are not eligible for return or refund unless otherwise required by applicable law.
SECTION 4 - PRICES, TAXES, AND BILLING
Prices, discounts, and promotions may change without notice.
The applicable price will be the price displayed at the time of purchase. Applicable taxes and shipping charges will be calculated during checkout when applicable.
The customer agrees to provide current, complete, and accurate information for all purchases made through our store.
SECTION 5 - SHIPPING AND DELIVERY
Shipping costs are calculated during checkout based on the products included in the order, the destination, and available shipping services.
We may use available USPS and UPS services. When applicable, customers may select from the available shipping options displayed during checkout.
Products classified as heavy may be subject to shipping charges calculated according to the destination and characteristics of the shipment and may be excluded from free shipping promotions.
Delivery dates and times displayed are estimates. Once a package has been transferred to the carrier, delays beyond our control may occur.
Shipping Address
The customer is responsible for providing an accurate, complete, and current shipping address before completing the order.
El Mercadito Convenience Shop is not responsible for packages that are delayed, returned, lost, or incorrectly delivered due to an incorrect or incomplete address provided by the customer.
If a package is returned because of an incorrect or incomplete address provided by the customer, any additional cost required to reship the package will be the customer's responsibility.
Please refer to our Shipping Policy for additional information.
SECTION 6 - RETURNS AND REFUNDS
Returns are subject to our Return and Refund Policy.
When a product is eligible for return, the request must be made within 3 days after delivery of the item.
The product must meet the conditions established in our Return and Refund Policy to be eligible.
Unless expressly stated otherwise or required by law, original shipping costs are non-refundable.
When a return applies and El Mercadito Convenience Shop has not expressly stated that it will provide return shipping, the customer is responsible for the cost and arrangement of return shipping.
Products classified as final sale, including Ofertas & Promos and Servicios Digitales, are not eligible for return or refund unless otherwise required by applicable law.
SECTION 7 - INTELLECTUAL PROPERTY
The content of our Services, including text, images, graphics, designs, logos, and other materials owned by us, is protected by applicable intellectual property laws.
Use of our Services does not grant permission to copy, reproduce, distribute, modify, or commercially use our content without prior authorization, except where otherwise permitted by law.
Trademarks, names, logos, and other intellectual property belonging to third parties remain the property of their respective owners.
SECTION 8 - THIRD-PARTY TOOLS AND SERVICES
Our Services may use tools, applications, or services provided by third parties.
Use of such services may be subject to the terms and policies of those third parties.
We are not responsible for third-party services that are outside our control.
SECTION 9 - THIRD-PARTY LINKS
Our website may contain links to websites or services operated by third parties.
We are not responsible for the content, accuracy, availability, products, services, or policies of those websites.
Customers should review the applicable policies and terms before conducting transactions with third parties.
SECTION 10 - RELATIONSHIP WITH SHOPIFY
El Mercadito Convenience Shop is powered by Shopify, which enables us to provide our Services.
However, purchases made through our store are transactions between the customer and El Mercadito Convenience Shop.
Shopify provides the technology platform and other related services, but El Mercadito Convenience Shop is responsible for sales made directly through our store, in accordance with the respective functions and responsibilities of each party.
SECTION 11 - PRIVACY
Personal information collected through our Services is subject to our Privacy Policy.
Because our store uses Shopify, certain information may also be processed by Shopify and other service providers necessary to provide our Services.
Please refer to our Privacy Policy for additional information about the collection and use of personal information.
SECTION 12 - CUSTOMER FEEDBACK AND CONTENT
If a customer provides feedback, reviews, suggestions, or other content related to our Services, the customer represents that they have the necessary rights to provide such content and that it does not violate third-party rights or applicable laws.
We reserve the right to remove content that we consider illegal, offensive, fraudulent, or in violation of third-party rights.
SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information may contain typographical errors, inaccuracies, or omissions related to product descriptions, prices, promotions, availability, shipping charges, or delivery times.
We reserve the right to correct such errors and update information when necessary.
When an error materially affects an order, we may contact the customer to resolve the situation or cancel and refund the order when appropriate.
SECTION 14 - PROHIBITED USES
Our Services may only be used for lawful purposes.
You may not use our Services for fraudulent or illegal activities, infringe intellectual property rights, transmit malicious code, collect information from third parties without authorization, attempt to compromise the security of our systems, or engage in any activity that interferes with the normal operation of our store.
We reserve the right to restrict or terminate access to our Services when these Terms are violated.
SECTION 15 - TERMINATION
We may suspend or terminate access to our Services in the event of a violation of these Terms, fraud, illegal activity, or any other circumstance that justifies such action under applicable law.
Obligations that by their nature should survive termination will remain in effect.
SECTION 16 - DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, our Services are provided “as is” and “as available.”
Nothing in these Terms is intended to exclude or limit any rights or warranties that cannot legally be excluded or limited.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, El Mercadito Convenience Shop will not be liable for indirect, incidental, special, or consequential damages arising from the use of our Services where such liability may legally be limited.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless El Mercadito Convenience Shop from third-party claims arising directly from your violation of these Terms, applicable law, or third-party rights.
SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in effect.
SECTION 20 - ENTIRE AGREEMENT
These Terms, together with the applicable policies published in our store, constitute the agreement relating to the use of our Services.
Our failure to immediately exercise any right provided under these Terms does not constitute a waiver of that right.
SECTION 21 - ASSIGNMENT
The customer may not transfer their rights or obligations under these Terms without our consent where such consent is required.
We may transfer our rights or obligations where permitted by applicable law.
SECTION 22 - GOVERNING LAW
These Terms will be governed by and interpreted in accordance with the applicable laws of the jurisdiction in which El Mercadito Convenience Shop operates, without prejudice to any mandatory rights that may apply to consumers under applicable law.
SECTION 23 - HEADINGS
The headings included in these Terms are provided solely for convenience and do not affect the interpretation of their provisions.
SECTION 24 - CHANGES TO THE TERMS OF SERVICE
We may update these Terms when necessary to reflect changes to our Services, business practices, or legal requirements.
The current version will be available in our store.
Where applicable law requires notice of material changes, we will provide such notice.
SECTION 25 - CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
El Mercadito Convenience Shop
Email: themercaditoshop@gmail.com