Terms of service

Terms of Service

Overview

This website is operated by Costa Nativa. Throughout the site, the terms “we,” “us,” and “our” refer to Costa Nativa.

Costa Nativa offers this website, including all information, tools, products, and services available through this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or available by hyperlink.

These Terms of Service apply to all users of the website, including, without limitation, browsers, customers, vendors, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any portion of the website, you agree to be bound by these Terms.

If you do not agree with all the terms and conditions contained in this agreement, you may not access the website or use any of our Services.

Any new features, products, services, or tools added to the current store will also be subject to these Terms of Service.

You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any portion of these Terms by posting updates or changes to our website.

It is your responsibility to review this page periodically for changes. Your continued use of or access to the website after changes have been posted constitutes your acceptance of those changes.

Our online store is hosted by Shopify Inc. Shopify provides us with the 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 at least the age of majority in your state, province, or country of residence.

If you are the age of majority and allow any of your minor dependents to use this website, you represent that you have provided them with your consent.

You may not use our products, website, or Services for any illegal or unauthorized purpose. You may not violate any laws in your jurisdiction while using the Service, including, without limitation, copyright and intellectual property laws.

You must not transmit viruses, worms, malware, or any other code of a destructive or harmful nature.

A breach or violation of any portion of these Terms may result in the immediate termination of your access to our Services.

Section 2 — General Conditions

We reserve the right to refuse Service to anyone for any lawful reason at any time.

You understand that your content, excluding credit card and payment information, may be transferred without encryption and may involve:

  • Transmissions over different networks

  • Changes required to conform and adapt to the technical requirements of connecting networks or devices

Credit card information is 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, access to the Service, or any contact through which the Service is provided without our express written permission.

The 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 website is inaccurate, incomplete, or outdated.

The material provided on this website is for general informational purposes only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, current, or primary sources of information.

Any reliance on information provided through this website is at your own risk.

This website may contain historical information. Historical information is not necessarily current and is provided for reference purposes only.

We reserve the right to modify the contents of this website at any time. However, we are under no obligation to update any information unless required by applicable law.

You agree that it is your responsibility to monitor changes made to our website.

Section 4 — Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right to modify, suspend, or discontinue the Service, or any portion of the Service, at any time without notice.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

Section 5 — Products and Services

Certain products or Services may be available exclusively online through our website.

These products or Services may have limited quantities and are eligible for return or exchange only in accordance with our Return / Exchange Policy:

[Insert Return / Exchange Policy link here]

We make reasonable efforts to display the colors, details, designs, and images of our products as accurately as possible.

However, we cannot guarantee that the display of any color, image, texture, or product detail on your device or computer monitor will be completely accurate.

Because many Costa Nativa products may feature vintage-inspired textures, distressed printing, garment-dyed materials, or natural variations, minor differences in color, texture, print placement, and appearance may occur.

These differences are not necessarily considered defects.

We reserve the right, but are not obligated, to limit the sale 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 products or Services we offer.

All product descriptions, availability, and prices are subject to change at any time without notice and at our sole discretion.

We reserve the right to discontinue any product at any time.

Any offer for a product or Service made through this website is void where prohibited by law.

We do not warrant that the quality of any products, Services, information, or other materials purchased or obtained through our website will meet every customer’s individual expectations.

Section 6 — Accuracy of Billing and Account Information

We reserve the right to refuse, limit, or cancel any order placed with us.

At our sole discretion, we may limit or cancel quantities purchased per person, household, customer account, payment method, billing address, shipping address, or order.

These restrictions may apply to orders placed by or under:

  • The same customer account

  • The same credit or debit card

  • The same billing address

  • The same shipping address

  • Related customer information

If we modify or cancel an order, we may attempt to notify you using the email address, billing address, telephone number, or other contact information provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to have been placed by unauthorized dealers, resellers, distributors, or fraudulent purchasers.

You agree to provide current, complete, and accurate account, billing, payment, and purchase information for all orders placed through our store.

You agree to promptly update your account and other information, including your email address, payment information, and card expiration dates, so we can complete transactions and contact you when necessary.

For additional information, please review our Return / Exchange Policy:

[Insert Return / Exchange Policy link here]

Section 7 — Optional Tools

We may provide you with access to third-party tools over which we have no control, input, or monitoring authority.

You acknowledge and agree that access to these third-party tools is provided “as is” and “as available,” without warranties, representations, conditions, or endorsements of any kind.

We will have no liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk and discretion.

You should review and understand the terms and policies provided by the applicable third-party provider before using its tools or Services.

We may offer new Services, resources, products, or website features in the future. Such features and Services will also be subject to these Terms of Service.

Section 8 — Third-Party Links

Certain content, products, tools, and Services available through our website may include materials or links from third parties.

Third-party links may direct you to websites that are not affiliated with Costa Nativa.

We are not responsible for examining or evaluating the accuracy, content, security, policies, or practices of third-party websites.

We do not warrant and will not have any liability or responsibility for third-party websites, materials, products, or Services.

We are not liable for any harm, loss, or damages associated with the purchase or use of products, Services, resources, content, or transactions conducted through third-party websites.

Please carefully review the policies and practices of third parties before engaging in a transaction.

Questions, complaints, claims, or concerns regarding third-party products or Services should be directed to the applicable third party.

Section 9 — User Comments, Reviews, Feedback, and Submissions

If you send us submissions, including contest entries, product reviews, photographs, videos, creative ideas, suggestions, proposals, plans, feedback, or other materials, whether requested by us or submitted voluntarily, you agree that we may use such materials as permitted by law.

You grant Costa Nativa permission to edit, copy, publish, reproduce, distribute, translate, display, and otherwise use the content you submit in any medium, unless otherwise agreed in writing.

We are under no obligation to:

  1. Maintain submitted content in confidence

  2. Pay compensation for submitted content

  3. Respond to submitted content

We may, but are not obligated to, monitor, edit, reject, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, fraudulent, misleading, or otherwise objectionable.

We may also remove content that violates another party’s intellectual property rights or these Terms of Service.

You agree that your comments or submissions will not violate the rights of any third party, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights.

You further agree that your submissions will not contain unlawful, abusive, obscene, defamatory, misleading, or malicious material.

Your submissions must not contain viruses, malware, or other harmful code that could affect the operation of our website, the Service, or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any submission.

You are solely responsible for the comments and content you submit and for their accuracy.

Costa Nativa assumes no responsibility and accepts no liability for content posted by customers, users, or third parties.

Section 10 — Personal Information

The submission, collection, storage, and use of personal information through our store are governed by our Privacy Policy:

[Insert Privacy Policy link here]

Section 11 — Errors, Inaccuracies, and Omissions

Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies, or omissions.

These errors may relate to:

  • Product descriptions

  • Product photographs

  • Pricing

  • Promotions

  • Discount offers

  • Product availability

  • Shipping charges

  • Processing times

  • Transit times

  • Inventory

  • Size information

We reserve the right to correct errors, inaccuracies, or omissions and to update or change information at any time without prior notice.

We also reserve the right to cancel an order if any information in the Service or on a related website is inaccurate, including after an order has been submitted.

If an order is canceled after payment has been collected, any applicable refund will be processed to the original payment method.

We are under no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by applicable law.

A stated update or refresh date should not be interpreted to mean that all information available through the Service has been modified or updated.

Section 12 — Prohibited Uses

In addition to other prohibitions stated in these Terms, you are prohibited from using the website, its content, products, or Services:

  • For any unlawful purpose

  • To solicit others to perform or participate in unlawful acts

  • To violate any international, federal, state, provincial, or local law, regulation, rule, or ordinance

  • To infringe upon our intellectual property rights or the intellectual property rights of others

  • To harass, abuse, insult, threaten, intimidate, defame, or harm another person

  • To discriminate unlawfully based on a protected characteristic

  • To submit false, fraudulent, or misleading information

  • To upload or transmit viruses, malware, or malicious code

  • To collect, use, or track the personal information of others without authorization

  • To spam, phish, pharm, pretext, spider, crawl, scrape, or conduct similar unauthorized activities

  • For obscene, fraudulent, or immoral purposes

  • To interfere with or circumvent the security features of the Service, our website, another website, or the internet

  • To conduct unauthorized resale or commercial exploitation of our products

  • To attempt to gain unauthorized access to customer accounts, systems, networks, or data

  • To use automated tools to interfere with the normal operation of the website

We reserve the right to terminate or restrict your use of the Service or any related website for violating any prohibited use.

Section 13 — Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or free from errors.

We do not warrant that the results obtained through the use of the Service will always be accurate or reliable.

You agree that we may periodically remove the Service for indefinite periods, suspend access, or cancel the Service at any time without notice.

Your use of, or inability to use, the Service is at your sole risk.

Unless otherwise expressly stated by Costa Nativa, the Service and all products delivered through the Service are provided “as is” and “as available.”

To the maximum extent permitted by applicable law, the Service and products are provided without representations, warranties, or conditions of any kind, whether express or implied.

This includes implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the fullest extent permitted by law, Costa Nativa and its owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors will not be liable for any:

  • Injury

  • Loss

  • Claim

  • Direct damages

  • Indirect damages

  • Incidental damages

  • Punitive damages

  • Special damages

  • Consequential damages

  • Lost profits

  • Lost revenue

  • Lost savings

  • Loss of data

  • Replacement costs

  • Similar damages

This limitation applies whether the claim is based on contract, tort, negligence, strict liability, or another legal theory and whether it arises from:

  • Your use of the Service

  • Your inability to use the Service

  • A product purchased through the Service

  • Errors or omissions in content

  • Content or products posted, transmitted, or otherwise made available through the Service

This limitation applies even when we have been advised of the possibility of such damages.

Because certain states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those jurisdictions will be limited to the maximum extent permitted by law.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited.

Section 14 — Indemnification

You agree to indemnify, defend, and hold harmless Costa Nativa and its parent companies, subsidiaries, affiliates, partners, owners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand.

This includes reasonable attorneys’ fees arising from or relating to:

  • Your breach of these Terms of Service

  • Your breach of any document incorporated into these Terms

  • Your violation of applicable law

  • Your violation of the rights of a third party

  • Your unauthorized or improper use of the website or Service

Section 15 — Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will remain enforceable to the fullest extent permitted by applicable law.

Any unenforceable portion will be considered severed from these Terms of Service.

Such a determination will not affect the validity or enforceability of the remaining provisions.

Section 16 — Termination

The obligations and liabilities of the parties incurred before the termination date will survive the termination of this agreement where applicable.

These Terms of Service remain effective unless and until terminated by either you or Costa Nativa.

You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by discontinuing your use of the website.

If, in our sole judgment, you fail or we reasonably suspect that you have failed to comply with any provision of these Terms, we may terminate or suspend your access to the Service without notice.

You will remain responsible for all amounts due through the date of termination.

We may also deny you access to all or any portion of our Services.

Section 17 — Entire Agreement

Our failure to exercise or enforce a right or provision contained in these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service, together with any policies, notices, or operating rules posted on our website, constitute the entire agreement and understanding between you and Costa Nativa regarding your use of the Service.

These Terms supersede any prior or contemporaneous agreements, communications, representations, or proposals, whether oral or written, relating to your use of the Service.

Any ambiguity in the interpretation of these Terms will not automatically be interpreted against the party that drafted them.

Section 18 — Governing Law

These Terms of Service and any separate agreements through which Costa Nativa provides Services to you will be governed by and interpreted in accordance with the applicable laws of the United States and the laws of the state in which Costa Nativa is registered or principally operates, without regard to conflict-of-law principles.

State: [Insert applicable state here]

Section 19 — Changes to the Terms of Service

You may review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any portion of these Terms by posting updates and changes on our website.

It is your responsibility to periodically review our website for changes.

Your continued access to or use of the website or Service after changes have been posted constitutes acceptance of the updated Terms of Service.

Section 20 — Contact Information

Questions regarding these Terms of Service should be sent to:

Email: [Insert contact email address here]

Business name: Costa Nativa

Mailing address: [Insert business mailing address here, if applicable]

Website: [Insert Costa Nativa website address here]