TERMS AND CONDITIONS

OVERVIEW

Welcome to Lanandina! The terms "we," "us," and "our" refer to Lanandina. Lanandina operates this shop and website, including all associated information, content, functions, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). Lanandina is powered by Shopify, which enables us to provide you with these Services.

The following Terms of Service, along with all guidelines referenced herein (these "Terms of Service" or "Terms"), describe your rights and obligations when using the Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including areas such as warranty disclaimers and liability limitations.

By visiting or using our Services or interacting with our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should 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 of legal age in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online shops or purchasing products and services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent that all information you provide in our shops is correct, current, and complete, and that you have all necessary rights to provide such information.

You bear sole responsibility for the security of your login credentials and for all activities in your account. You may not transfer, sell, assign, or license your account to third parties.

SECTION 2 – OUR PRODUCTS

We have made every effort to accurately display our products and services in our online shops. However, please note that the colors or appearance of products may differ from the display on your screen, depending on the type of device you use to access the shop, as well as your device's settings and configuration.

We make no warranty that the appearance or quality of products or services purchased by you will meet your expectations or match the images or representations in our online shops.

All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Lanandina reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only accepted when Lanandina confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as Lanandina may no longer be able to consider cancellation requests after order acceptance. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided during checkout.

Returns or exchanges of your purchases are subject exclusively to the provisions of our Right of Withdrawal [LINK].

You represent and warrant that your purchases are intended for your personal use or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may be changed without prior notice. The price charged for a product or service is the valid price at the time the order was placed and is listed in the order confirmation email. Unless expressly stated otherwise, quoted prices do not include taxes, shipping costs, processing fees, customs duties, or import charges.

Prices listed in our online shops may differ from prices in our physical stores or in online shops and other stores operated by third parties. We may occasionally offer promotions related to our Services that may affect pricing and for which separate terms and conditions apply. In the event of a conflict between the conditions of a promotion and these Terms, the promotion's terms shall prevail.

You undertake to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops. You agree to promptly update your account information and other data, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are properly authorized to use this credit card for the purchase; (iii) the charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred by you at the quoted prices, including shipping and processing fees as well as any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We assume no responsibility for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we hand over the goods to the shipping carrier, ownership and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trade names, trademarks, texts, advertisements, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are the property of Lanandina, its affiliated companies, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any materials on the Services. Unless expressly specified otherwise, nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of Lanandina, Shopify, or a third party, nor may it be construed as granting a license or other right. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein remain with Lanandina.

The names, logos, product and service names, designs, and slogans of Lanandina are trademarks of Lanandina or its affiliated companies or licensors. You may not use these trademarks without Lanandina's prior written permission. 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 on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may have access to customer tools offered by third parties as part of the Services. We do not monitor such tools and have no control or influence over them whatsoever.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, assurances, or conditions and without any endorsement. We assume no liability for damages arising from or relating to the use of optional third-party tools.

Any use of optional tools offered through the website by you is solely at your own risk and discretion. You should therefore familiarize yourself with and accept the terms of use of the respective third-party tools.

We may also offer new features through the Services in the future (including publishing new tools and resources). Such new features also form part of the Services and are subject to these Terms of Service.

SECTION 8 – EXTERNAL LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functions). We are not responsible for reviewing or evaluating the content or accuracy of materials or websites from third parties that you access. When you leave the Services to access such materials or third-party websites, you do so at your own risk.

We are not liable for damages related to your access to external websites or your purchase or use of products, services, resources, or content on external websites. Please carefully review the policies and procedures of the third party and ensure that you understand them before conducting a transaction. Complaints, claims, concerns, or questions regarding products and services from third parties should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Lanandina is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases you make in our shop are directly with Lanandina. By using the Services, you confirm that Shopify is not responsible for any aspect of sales between you and Lanandina, including any breaches, damages, or losses resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliated companies from all claims, damages, and liabilities arising from or in connection with your purchases and transactions with Lanandina.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these Privacy Policies.

Since the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services to provide and improve the Services for you. Data you submit to the Services will be transmitted to Shopify as well as to third parties, which may be located in a country other than your residence, in order to provide you with services. Further information on how we, Shopify, and our partners use your personal data can be found in our Privacy Policy.

SECTION 11 – FEEDBACK

If you send, upload, publish, submit by email, or otherwise submit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively "Feedback"), you grant us an unlimited, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display this Feedback in any media for any purpose, including for commercial purposes. We may, for example, exercise our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, as well as fulfill our obligations and exercise our rights under the Terms of Service.

You further represent that: (i) you own or control all necessary rights to all Feedback; (ii) you have disclosed all compensation or incentives received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms. We are and remain under no obligation to (1) treat your Feedback confidentially; (2) compensate you for your Feedback; or (3) respond to your Feedback.

We may, but are not obliged to, monitor, edit, or remove Feedback that we, in our sole discretion, classify as illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes upon a party's intellectual property or violates these Terms of Service.

You agree that your Feedback will not violate the rights of third parties. This includes copyrights, trademark rights, privacy rights, personality rights, or other individual or property rights. Furthermore, you agree that your Feedback will not contain defamatory or otherwise unlawful, offensive, or obscene statements or computer viruses or other malware that could impair the operation of the Services or an associated website in any way. You are not permitted to use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of Feedback. You bear sole responsibility for any Feedback you provide and for its accuracy. We assume no responsibility or liability for Feedback published by you or third parties.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping fees, transport times, and availability. We reserve the right to correct errors, inaccuracies, or omissions at any time and without prior notice, and to change or update information or cancel orders if information is inaccurate at any point in time (including after you have submitted your order).

SECTION 13 – UNAUTHORIZED USES

You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for the following purposes: (a) for illegal or malicious purposes; (b) to violate international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm our employees or other persons; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to send or cause to be sent advertising or promotional material, including junk mail, chain letters, spam, or similar unwanted messages; (h) to impersonate or attempt to impersonate another natural or legal person; or (i) to engage in any conduct that restricts or impedes others' use or enjoyment of the Services or that, in our opinion, could harm Lanandina, Shopify, or users of the Services or expose them to liability.

Furthermore, you agree to refrain from: (a) uploading or transmitting viruses or other types of malicious code that are or could be used in a manner that impairs the functionality or operation of the Services; (b) reproducing, duplicating, copying, extracting, selling, reselling, or otherwise exploiting parts of the Services; (c) collecting or tracking personal data of others; (d) abusing the Services with spam, phishing, pharming, or pretexting; (e) using robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, AI tools (e.g., agentic AI), or automated or manual means to access the Services; or (f) impairing, circumventing, or manipulating the security or authorization functions, robot exclusion header, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and 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, allow, activate, or cause the use of an agent to access, use, or interact with the Services. An "Agent" refers to any software or service that acts autonomously or semi-autonomously on behalf or at the instruction of a natural or legal person and that can be executed on behalf of or using a person's device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements in Section 14.4 below. Furthermore, no Agent is permitted to access, use, or interact with Services if we have requested it to cease access, use, or interaction with a Service.

14.3 We may, including through technical measures, restrict whether and how an Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the name of the Agent by including the following in the User-Agent string of the request: "Agent/[Agent name]"; (ii) may not conceal or obscure that accesses, uses, or interactions originate from an Agent, for example by (a) mimicking human behavior and interaction patterns or (b) filling out or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) must answer truthfully to questions or requests aimed at determining whether interactions originate from a human or a computer; (iv) may not circumvent or otherwise avoid measures intended to prevent, restrict, modify, or control whether and how Agents access, use, or interact with Shopify Consumer Services.

SECTION 15 – TERMINATION

We may terminate this Agreement or your access to the Services (or a portion thereof) at our sole discretion at any time and without prior notice, and you remain obligated to pay all amounts due up to and including the termination date.

The following sections continue to apply after termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability Clause, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that, by their nature, should survive termination.

SECTION 16 – WARRANTY DISCLAIMER

Information provided on or through the Services is for general informational purposes only. We make no warranty regarding the accuracy, completeness, or usefulness of such information. Any reliance on such information is solely at your own risk. We disclaim any liability and responsibility arising from reliance on such materials by you or other visitors to the Services or by third parties who gain knowledge of their content.

UNLESS EXPRESSLY STATED BY Lanandina, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTIES, GUARANTEES, OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, OWNERSHIP RIGHTS, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOU CAN USE THE SERVICES UNINTERRUPTED, TIMELY, SECURELY, OR ERROR-FREE. SOME JURISDICTIONS LIMIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES OR PROHIBIT THEM, WHEREFORE THE FOREGOING LIABILITY DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMITTED BY LAW, [MERCHANT], OUR PARTNERS, DIRECTORS, EXECUTIVES, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS OR THOSE OF SHOPIFY AND ITS AFFILIATED COMPANIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY TYPE OF BREACH, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES, PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, EXCHANGE COSTS, OR SIMILAR DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE CLAIMED FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS ACQUIRED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING, BUT NOT LIMITED TO ERRORS AND OMISSIONS IN ANY CONTENT, OR LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Lanandina, Shopify, and our affiliated companies, partners, executives, directors, employees, agents, contractors, licensors, and service providers from all losses, damages, liabilities, or claims, including reasonable attorney fees, payable to third parties due to or in connection with (1) your breach of these Terms of Service or the documents incorporated herein by reference, (2) your violation of applicable law or the rights of third parties, or (3) your access to and use of the Services.

We will inform you of any compensable claim, provided that you are not relieved of your obligations by delayed notification, unless you suffer significant detriment as a result. We may control the defense and settlement of such a claim at your expense, including the choice of counsel, but will not enter into a claim that requires non-monetary obligations from you without their consent (which shall not be unreasonably withheld). You will cooperate in defending against indemnification claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY CLAUSE

If a provision of these Terms of Service is found to be illegal, invalid, or unenforceable, that provision shall still be enforceable to the greatest extent permissible under applicable law, and the unenforceable part shall be deemed severed from these Terms of Service. The validity and enforceability of the remaining provisions shall not be affected by such determination.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

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

These Terms of Service, together with all guidelines or operating procedures we publish on this website or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, and proposals between you and us, regardless of whether these were made orally or in writing (this also applies, inter alia, to previous versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted this document.

SECTION 21 – ASSIGNMENT

Without our prior written consent, you may not delegate, assign, or transfer this Agreement or your rights and obligations under these Terms; any such attempt shall be void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 – GOVERNING LAW

These Terms of Service and all separate agreements under which we provide you with Services are subject to the jurisdiction of the federal and state or territorial courts at Lanandina's seat and shall be interpreted accordingly. You and Lanandina agree to the local and personal jurisdiction of these courts.

SECTION 23 – HEADINGS

The headings used in this Agreement serve only for clarity and neither restrict nor otherwise affect these Terms.

SECTION 24 – CHANGES TO THE TERMS OF SERVICE

The most current version of the Terms of Service can be viewed at any time on this page.

We reserve the right to update, modify, or replace parts of these Terms of Service at our sole discretion by publishing updates and changes on our website. It is your responsibility to regularly check our website for changes. We will inform you of all material changes to these Terms in accordance with applicable law, and these changes take effect on the date specified in the notice. By continuing to use or access the Services after the publication of changes to these Terms of Service, you agree to these changes.

SECTION 25 – CONTACT INFORMATION

Questions regarding the Terms of Service should be sent to contact.lanandina@gmail.com.