Terms of service

Overview

Welcome to Picalma. Throughout these Terms of Service, "we," "us," and "our" refer to Picalma and PICALMA INC.

Picalma operates this website and store, including all related content, features, tools, products, and services, to provide you with an online shopping experience. Our store is powered by Shopify, which helps us operate the services.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when using our website and services. By accessing, browsing, or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

Section 1 - Access and Account

By using our services, you confirm that you are at least the age of majority in your state, province, or country of residence, or that you have given consent for any minor dependents using your device to access the services.

To use certain parts of our services, including making a purchase, you may be required to provide information such as your name, email address, billing details, payment information, and shipping address. You agree that all information you provide is accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

Section 2 - Products

We make reasonable efforts to display our products, product images, colors, descriptions, pricing, and availability as accurately as possible. However, actual product colors and appearance may vary depending on your device, screen settings, lighting, and other display conditions.

We do not guarantee that product appearance, quality, size, color, or other features will exactly match your expectations or what is displayed on the site.

All product descriptions, pricing, discounts, promotions, and availability are subject to change at any time without notice. We reserve the right to discontinue any product or limit quantities at our sole discretion.

Section 3 - Orders

Placing an order through our services constitutes an offer to purchase. We reserve the right to accept, reject, cancel, or limit any order at our discretion.

An order is not considered accepted until payment has been received and processed and we confirm acceptance of the order. Please review your order carefully before submitting it, as cancellation requests may not be possible once the order has been accepted or processed.

If we change or cancel an order, we may attempt to notify you using the email address, billing address, or other contact information provided at checkout.

Returns and refunds are governed by our Return & Refund Policy. We do not accept exchanges.

Section 4 - Pricing and Billing

All prices, discounts, and promotions are subject to change without notice. The price charged will be the price displayed at the time your order is placed and confirmed in your order confirmation email.

Unless otherwise stated, prices do not include applicable taxes, shipping fees, or other fees that may apply to your order.

You agree to provide accurate, complete, and current billing, payment, and account information, and to update such information promptly when necessary.

By submitting payment information, you represent and warrant that the information you provide is accurate and complete, you are authorized to use the payment method provided, and you authorize us and our payment processors to charge the applicable amount.

Section 5 - Shipping and Delivery

We currently ship to the United States only.

Shipping and delivery times are estimates only and are not guaranteed. Actual delivery times may vary depending on product availability, shipping destination, carrier operations, weather, holidays, or other circumstances beyond our control.

We are not responsible for delays caused by carriers, incorrect shipping information, weather events, or other circumstances outside our reasonable control. Please refer to our Shipping Policy for more details.

Section 6 - Intellectual Property

All content and materials available through our services, including text, images, graphics, videos, audio, trademarks, logos, product names, design elements, and overall site layout, are owned by Picalma, PICALMA INC, our affiliates, licensors, or content providers and are protected by applicable intellectual property laws.

You may use the services only for personal, non-commercial purposes. You may not copy, reproduce, distribute, modify, publish, display, sell, license, or exploit any part of the services without our prior written permission.

Section 7 - Optional Tools

We may provide access to third-party tools, features, or applications that we do not control or monitor.

These tools are provided "as is" and "as available," without warranties, representations, or endorsements of any kind. Your use of such tools is entirely at your own risk and may be subject to the terms and policies of the third-party providers.

Section 8 - Third-Party Links

Our services may contain links to third-party websites, content, applications, or services. We are not responsible for examining or evaluating their content, accuracy, privacy practices, security, or policies.

If you choose to access third-party websites or services, you do so at your own risk.

Section 9 - Relationship with Shopify

Our store is powered by Shopify, but all sales and transactions are between you and Picalma.

By using our services, you acknowledge that Shopify is not responsible for any aspect of your purchases from Picalma, including product issues, delivery issues, customer service matters, refunds, returns, or any related claims.

Section 10 - Privacy

Any personal information collected through our services is handled in accordance with our Privacy Policy and, where applicable, Shopify's privacy practices.

By using our services, you acknowledge that you have read and understood our Privacy Policy.

Section 11 - Feedback, Reviews, and User Content

If you submit suggestions, reviews, comments, photos, ideas, or other content, you grant us a worldwide, perpetual, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, display, and otherwise use that content for lawful business purposes, including marketing and commercial purposes.

You represent that you own or control the rights to the content you submit, that your content is accurate and not misleading, and that it does not violate any law or third-party rights.

Section 12 - Errors, Inaccuracies, and Omissions

Occasionally, our services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, update information, or cancel orders if any information is inaccurate, including after an order has been submitted.

Section 13 - Prohibited Uses

You may use the services only for lawful purposes. You may not use the services to:

Violate any applicable law, regulation, or ordinance;
Infringe or violate intellectual property rights or other rights of any person or entity;
Submit false, inaccurate, or misleading information;
Upload or transmit viruses, malware, spam, or harmful code;
Scrape, crawl, harvest, or otherwise extract data from the services without authorization;
Bypass, disable, or interfere with security features, access controls, or usage limitations;
Impersonate any person or entity; or
Engage in conduct that could harm Picalma, Shopify, our customers, or other users.

We reserve the right to suspend or terminate access to the services if we believe you have violated these Terms.

Section 14 - Termination

We may suspend or terminate your access to the services at any time, with or without notice, at our sole discretion, including if we believe you have violated these Terms or used the services in a way that may cause harm.

Section 15 - Disclaimer of Warranties

The services and all products offered through them are provided on an "as is" and "as available" basis, except where expressly stated otherwise.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, durability, title, non-infringement, and availability.

Section 16 - Limitation of Liability

To the fullest extent permitted by law, Picalma, PICALMA INC, our affiliates, officers, employees, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any indirect, incidental, punitive, special, consequential, or exemplary damages arising from your use of the services or any products purchased through them.

In jurisdictions where limitations of liability are not permitted, our liability will be limited to the maximum extent permitted by applicable law.

Section 17 - Indemnification

You agree to indemnify, defend, and hold harmless Picalma, PICALMA INC, Shopify, and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claims, liabilities, damages, losses, or expenses arising out of your breach of these Terms, your violation of any law or third-party rights, your misuse of the services, or your submission of user content.

Section 18 - Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect.

Section 19 - Entire Agreement and Waiver

These Terms, together with any policies or rules posted on this site, constitute the entire agreement between you and Picalma regarding your use of the services and supersede any prior agreements or communications.

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

Section 20 - Governing Law

These Terms and any separate agreements through which we provide services shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to conflict of law principles.

You agree that any dispute arising from or relating to these Terms or the services shall be handled in the courts located in the applicable jurisdiction of Colorado, United States, unless otherwise required by applicable law.

Section 21 - Changes to These Terms

We may update or revise these Terms at any time by posting the updated version on this page.

It is your responsibility to review these Terms periodically. Your continued use of the services after any changes are posted constitutes your acceptance of those changes.