Terms of service
TERMS OF SERVICE — TITANELY
OVERVIEW
Welcome to Titanely. The terms "we," "us," and "our" refer to Titanely. Titanely operates this store and website, including all information, content, features, tools, products, and services related to it, to offer you, the customer, a curated shopping experience (the "Services"). Titanely is powered by Shopify, which allows us to provide you with the Services.
The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover topics 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 [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the age of majority in your State or Region 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 accessing or browsing our online store or purchasing any product or service we offer — you may be required to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide to our store is correct, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity carried out from your account. You may not transfer, sell, assign, or license your account to any third party.
SECTION 2 - OUR PRODUCTS
We have made every reasonable effort to display our products and services as accurately as possible in our online store. However, please note that colors or the appearance of products may vary depending on the type of device you use to access the store, as well as its settings.
We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or exactly match what is depicted or shown in our online store.
All product descriptions 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 to limit the quantities of any product offered to any person, geographic area, or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Titanely reserves the right to accept or reject any order for any reason, at its sole discretion. The order will not be considered accepted until Titanely confirms its acceptance. Payment must be received and processed before an order is accepted.
We recommend that you review your order carefully before submitting it, as Titanely may be unable to accommodate cancellation requests once an order has entered fulfillment. If your order is not accepted, is modified, or is cancelled, we will attempt to notify you via the email, billing address, and/or phone number provided at the time of the order.
Purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are intended solely for personal or household use, and not for commercial resale or export.
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 you submit your order and will be indicated in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs duties, or import costs.
Prices published in our online store may differ from prices offered in physical stores, other online stores, or stores operated by third parties. We may occasionally run promotions on the Services that affect pricing and that are subject to terms different from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion's terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You also agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use the credit card for the purchase; (iii) charges incurred will be honored by your card issuer; and (iv) you will pay the charges incurred at the posted prices, including any applicable shipping, handling, and taxes.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible 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 procedures, or events outside our control.
Once products have been handed off to the carrier, title and risk of loss transfer to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trade names, trademarks, text, visual elements, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are the property of Titanely, its affiliates, or its licensors, and are protected by national and international intellectual property laws.
These Terms permit use of 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 found on the Services without our prior written consent.
Except as expressly set forth in these Terms, nothing herein grants or should be construed as granting any license or other rights in patents, trademarks, copyrights, or other intellectual property rights of Titanely, Shopify, or third parties. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted are reserved by Titanely.
Titanely's names, logos, product and service names, designs, and slogans are trademarks of Titanely, its affiliates, or licensors. You may not use these marks without Titanely's 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 on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be given access to third-party tools that we do not monitor or control as part of the Services.
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 any endorsement. We will have no liability arising from or related to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services, including new tools and resources. Such new features will also be considered part of the Services and subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties, including any integrated third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you leave our Services to access such third-party materials or sites, you do so at your own risk.
We are not responsible for any harm or damages related to accessing third-party websites, or to the purchase or use of any products, services, resources, or content on such sites. Please review third parties' policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, or inquiries related to third-party products and services should be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Titanely is supported by Shopify, which allows us to offer you the Services. However, all sales and purchases made in our store are made directly with Titanely. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Titanely, including any damages, injuries, or losses arising from products or services purchased. You expressly release Shopify and its affiliates from any claims, damages, or liability arising from or related to your purchases and transactions with Titanely.
SECTION 10 - PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and some personal data may also be subject to Shopify's Privacy Policy, available here. By using the Services, you confirm that you have read that policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transferred to and shared with Shopify, as well as with third parties that may be located in a country other than your country of residence, in order to provide the Services to you. See our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal data.
SECTION 11 - COMMENTS AND FEEDBACK
If you submit, upload, post, email, or otherwise send us ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use.
You further represent and warrant that: (i) you own or control all rights necessary in the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms.
We are not, and will not be, obligated to: (1) keep any Feedback confidential; (2) pay compensation for it; or (3) respond to it.
We may, but are not obligated to, monitor, edit, or remove any Feedback that we, in our sole discretion, consider unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality rights, or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or computer viruses or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any Feedback. You are solely responsible for the Feedback you submit and its accuracy. We assume no liability for Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions related 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 at any time without prior notice, including after an order has been submitted.
SECTION 13 - PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate any local, international, federal, provincial, or state law, rule, or ordinance; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload, knowingly receive, download, use, or reuse any material that does not comply with these Terms; (g) to transmit unsolicited advertising or promotional material, including junk mail, chain letters, spam, or any similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, in our judgment, may harm Titanely, Shopify, or users of the Services, or expose them to liability.
You further agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or engage in pretexting; (e) use robots, spiders, scrapers, data collection or extraction tools, automated devices or processes, AI tools, or any other automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass security or authorization features, robot exclusion headers, or other measures we use to limit access to the Services.
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 - AGENTS
14.1
This section applies if you use, permit, enable, or direct the deployment of an Agent to access, use, or interact with the Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or under the direction of a person or entity, and that may operate on that person's behalf or via their device, without direct supervision.
14.2
No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements set out in Section 14.4. Additionally, no Agent may access, use, or interact with the Services if we have requested that it refrain from doing so.
14.3
We may establish limits, including through technical measures, on the manner and conditions under which an Agent may access, use, and interact with the Services.
14.4
Agents must: (i) identify, in all HTTP/HTTPS requests, that the request originates from an Agent, including the Agent's name in the user-agent string using the format "Agent/[agent name]"; (ii) not conceal or disguise the fact that any access, use, or interaction originates from an Agent — for example, by mimicking human behavior or bypassing CAPTCHAs or other measures designed to distinguish human from automated use; (iii) respond truthfully to any question or request intended to determine whether interactions originate from a human or an automated system; and (iv) not evade or otherwise circumvent measures intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion, at any time and without notice, and you will remain responsible for all amounts due up to and including the date of termination.
Even upon termination, the following sections will remain in effect: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
Information presented on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from reliance placed on such materials by you, any other visitor, or anyone who may be informed of its contents.
UNLESS EXPRESSLY STATED BY TITANELY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT OR GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TITANELY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY OR ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING FROM YOUR USE OF ANY SERVICE OR PRODUCT PURCHASED THROUGH THE SERVICES, OR OTHERWISE RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY CONTENT OR PRODUCT MADE AVAILABLE THROUGH THEM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Titanely, 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, made by any third party arising from: (1) your breach of these Terms of Service or the documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, although failure to promptly do so will not relieve you of your obligations except to the extent that it causes you substantial prejudice. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but will not settle any claim imposing non-monetary obligations on you without your consent, which will not be unreasonably withheld. You will cooperate in the defense of any indemnified claim, including by providing relevant documentation.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written.
Any ambiguity in the interpretation of these Terms will not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of the rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 - GOVERNING LAW
These Terms of Service, as well as any separate agreement under which we provide you the Services, will be governed by and interpreted in accordance with the federal and state or territorial laws of [JURISDICTION — indica el país/estado donde está registrada legalmente Titanely]. You and Titanely consent to the venue and personal jurisdiction of the courts located therein.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 24 - CHANGES 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, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our site periodically for changes. We will notify you of any material modifications to these Terms as required by applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any modification constitutes your acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to: support@titanely.com
Contact information: