Terms of service
General Information
Welcome to la ciénaga! The terms “we”, “us” and “our” refer to la ciénaga. la ciénaga operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a curated shopping experience (the “Services”). la ciénaga is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referred to 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 areas such as warranties, 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 our Privacy Policy, you must 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 and have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.
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 information, payment information and shipping address. You represent and warrant that all information you provide in our store is accurate, 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 under your account. You may not transfer, sell, assign or license your account to any other person.
Section 2 - Our Products
We have made every effort to display our products and services as accurately as possible in our online store. However, please note that product colours or appearance may differ from how they are displayed on your screen depending on the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be identical to how it is displayed or presented in our online stores.
All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any product we offer to any person, geographic region or jurisdiction on an individual basis.
Section 3 - Orders
When you place an order, you are making an offer to purchase. la ciénaga reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until la ciénaga confirms its acceptance. We must receive and process your payment before accepting your order. You should carefully review your orders before completing your purchase, as la ciénaga may be unable to accommodate a cancellation request after an order has been accepted. If we do not accept, make changes to or cancel an order, we will attempt to notify you by contacting you through the email address, billing address or phone number you provided when the order was placed.
You may return or exchange your purchase only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchase is for your personal or household use and not for resale or commercial export.
Section 4 - Prices and Billing
Prices, discounts and promotions are subject to change without prior 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 indicated in the order confirmation email sent to you. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs duties or import charges.
Prices listed in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties. We may occasionally offer promotions through the Services that affect pricing strategies and are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You 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 as necessary.
You represent and warrant that (i) the credit card information you provide is true, accurate and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) the charges you incur will be accepted by your credit card company, and (iv) you will pay the charges you incur at the listed prices, including shipping and handling charges and all applicable taxes, if any.
Section 5 - Shipping and Delivery
We are not responsible for any delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We will not be responsible for delays caused by the shipping carrier, customs procedures or events beyond our control. Once we transfer products to the shipping carrier, title and risk of loss pass to you.
Section 6 - Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, videos and audio, as well as their design, selection and arrangement, are owned by la ciénaga, its affiliates or licensors and are protected by United States and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be interpreted as granting you any licence or other rights under any patent, trademark, copyright or other intellectual property of la ciénaga, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by la ciénaga.
The names, logos, product and service names, designs and slogans of la ciénaga are trademarks of la ciénaga or its affiliates or licensors. You must not use such trademarks without the prior written permission of la ciénaga. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are trademarks of their respective owners.
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 control or influence.
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 whatsoever arising from or relating to your use of optional third-party tools.
Any use you make of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party providers.
We may also offer new features through the Services in the future, including the release of new tools and resources. These new features will also be considered part of the Services and will be subject to these Terms of Service.
Section 8 - Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including any functionality embedded by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk.
We will not be liable for any harm or damage related to your access to any third-party website or your purchase or use of any product, service, resource or content on any third-party website. Please carefully review the third party's policies and practices and ensure that you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.
Section 9 - Relationship with Shopify
[NOTE TO THE MERCHANT: This section accurately describes Shopify's relationship with your store and must not be removed or modified.]
la ciénaga is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase you make in our store is conducted directly with la ciénaga. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and la ciénaga, including any injury, damage or loss resulting from the purchase of products and services. You expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or relating to your purchase and transaction with la ciénaga.
Section 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve our Services. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in a country other than your country of residence, for the purpose of providing the Services to you. Please review our Privacy Policy [LINK] for more information about how we, Shopify and our partners use your personal information.
Section 11 - Comments
If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Comments in any medium for any purpose, including commercial use. For example, we may use our rights under this licence to operate, provide, evaluate, improve, optimise and promote the Services and to fulfil our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Comments; (ii) you have disclosed any compensation or incentives received in connection with submitting your Comment; and (iii) your Comment complies with these Terms. We have no obligation, and will have no obligation, (1) to maintain the confidentiality of your Comment; (2) to pay compensation for your Comment; or (3) to respond to your Comment.
We may, but are not obligated to, monitor, edit or remove Comments that we determine, at our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violate any party's intellectual property rights or these Terms of Service.
You agree that your Comments will not infringe any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Comments will not contain defamatory or otherwise unlawful, abusive or obscene material, nor any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate someone other than yourself or otherwise mislead us or third parties as to the origin of any Comment. You are solely responsible for any Comments you make and their accuracy. We assume no responsibility for any Comments posted by you or any third party.
Section 12 - Errors, Inaccuracies and Omissions
Occasionally, information on or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing strategies, promotions, offers, product 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 if any information is inaccurate at any time without prior notice, including after you have placed your 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: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulation, rule or law, or local ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other 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, as we determine, may harm la ciénaga, Shopify or users of the Services, or expose them to any liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext through the Services; (e) use any robot, spider, scraping tool, data collection or extraction tools, devices or automated processes, artificial intelligence tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent or bypass security or authorisation features, robots exclusion headers or other measures we use to restrict access to the Services. We reserve the right to suspend, deactivate or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.
Section 14 - Agents
14.1 This section (“Agent Terms”) applies if you use, permit, enable or cause an Agent to be deployed to access, use or interact with any Service. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and that may operate on behalf of or using the person's 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 of Section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any Service.
14.3 We may restrict, including through technical measures, how any Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) identify in every HTTP/HTTPS request that the request originates from an Agent and disclose the Agent's name by including the following in the request's user-agent field string: “Agent/[agent name]”; (ii) not conceal or create confusion about whether any access, use or interaction originates from an Agent, such as by (a) mimicking human behaviour and interaction patterns, or (b) completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) truthfully answer any question or instruction intended to determine whether interactions originate from a human or a computer; and (iv) not circumvent or otherwise evade any 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 without prior notice, and you will remain responsible for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their 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 guarantee 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 any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.
UNLESS EXPRESSLY STATED OTHERWISE BY THE [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Section 17 - Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless la ciénaga, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any loss, damage, liability or claim, including attorneys' fees, payable to any third party due to or 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, provided that failure to notify you promptly will not release you from your obligations unless you suffer material prejudice. We may control the defence and settlement of such a claim at your expense, including the choice of legal counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld. You will cooperate in the defence of indemnification claims, including by providing relevant documents.
Section 19 - Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 20 - Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect of 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 previous version 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 21 - Assignment
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notification.
Section 22 - Governing Law
These Terms of Service and any separate agreement under which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction where la ciénaga is headquartered. You and la ciénaga agree to the jurisdiction and personal jurisdiction of those courts.
Section 23 - Headings
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
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, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.
Section 25 - Contact Information
Questions about the Terms of Service should be sent to: silvanabonfante@gmail.com.
Our contact information is provided below:
Silvana Bonfante G.
Tel. (please request by email).