Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Caelum Oro! Throughout the site, the terms "we", "us" and "our" refer to Caelum Oro. Caelum Oro operates this store and website, including all information, content, features, tools, products, and services available from this site to offer you a curated shopping experience (the "Services"). Caelum Oro is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (collectively, the "Terms of Service" or "Terms"), describe your rights and responsibilities when using our Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including 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. If you do not agree to these Terms of Service or the Privacy Policy, you should not access or use 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 you 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 visiting or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you submit to our store is accurate, current, and complete, and that you possess all necessary rights to provide such information.

You are entirely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or sublicense your account to any other person or entity.

SECTION 2 - OUR PRODUCTS

We have made every effort to display the products and services on our online store as accurately as possible. However, please note that the colors or appearance of products may vary depending on the type of device you use to access the store, as well as its display settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be completely identical to what is presented on 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 may limit product quantities on a case-by-case basis, applicable to any individual, geographic region, or jurisdiction.

SECTION 3 - ORDERS

When you place an order, it constitutes an offer to purchase. Caelum Oro reserves the right, at its sole discretion, to accept or decline your order for any reason. Your order is not accepted until confirmed by Caelum Oro. We must receive and process your payment before your order can be accepted. Please review your order carefully before submission, as Caelum Oro may not be able to process cancellation requests once an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchase is eligible for returns or refunds in accordance with our Refund Policy.

You represent and warrant that your purchase is 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 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 set forth in your order confirmation email. Unless explicitly stated otherwise, posted prices do not include taxes, shipping, handling, customs duties, or import fees.

Prices posted on our online store may differ from prices in physical stores, other online platforms, or third-party marketplaces. We may offer promotional pricing from time to time, which will be governed by separate terms and conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions conducted at our store. 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 needed.

You represent and warrant that: (i) the credit card information you supply is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred by you at the posted prices, including shipping, handling fees, and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All estimated delivery times are approximations and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our reasonable control. Risk of loss and title for items purchased pass to you upon our delivery of the items to the shipping carrier.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, trade dress, text, displays, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof, are owned by Caelum Oro, its affiliates, or licensors, and are protected by United States and international patent, copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Services without our prior written consent. Nothing contained in these Terms grants or shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property belonging to Caelum Oro, Shopify, or any third party. Any unauthorized use may violate federal, state, and international intellectual property laws. All rights not expressly granted herein are reserved by Caelum Oro.

The Caelum Oro name, logo, product and service names, designs, and slogans are trademarks of Caelum Oro or its affiliates. You must not use such marks without our prior written permission. 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

We may provide you with access to third-party tools as part of the Services over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating 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 on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Services may include materials and hyperlinks from third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to access any third-party links, you do so entirely at your own risk.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Caelum Oro is powered by Shopify, which provides the e-commerce platform that enables us to offer our Services to you. However, all sales, transactions, and purchases made within our store are strictly between you and Caelum Oro directly. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Caelum Oro, including any loss, injury, damage, or liability resulting from your purchase of products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your interactions, purchases, and agreements with Caelum Oro.

SECTION 10 - PRIVACY POLICY

All personal information collected through our Services is governed by our Privacy Policy. Certain personal data may also be processed under Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read and understood these privacy policies.

As our store is hosted by Shopify, Shopify collects and processes your personal data to provide and improve the Services. Your information may be transmitted to Shopify and third parties located outside your country of residence to fulfill your orders and support operations. Please refer to our Privacy Policy for full details on data handling practices.

SECTION 11 - FEEDBACK

If you submit, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other materials (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, including for commercial purposes. For instance, we may utilize this license to operate, provide, enhance, evaluate, improve, and promote our Services.

You represent and warrant that: (i) you own or hold all necessary rights to your Feedback; (ii) you have disclosed any incentive or compensation received in connection with submitting such Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to: (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.

We reserve the right (but have no obligation) to monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other proprietary rights. You further agree that your Feedback will not contain defamatory, abusive, obscene, or unlawful material, nor contain any computer viruses or malware that could impact the operation of the Services. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties regarding the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, 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 in the Services is inaccurate at any time without prior notice (including after you have submitted your order).

 

SECTION 13 - PROHIBITED USES

You may only access and use the Services for lawful purposes. You shall not directly or indirectly access or use the Services: (a) for any unlawful, fraudulent, or malicious purpose; (b) in violation of any international, federal, state, provincial, or local law, statute, 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, disparage, intimidate, or discriminate against any employee, affiliate, or individual; (e) to transmit false, misleading, or deceptive information; (f) to knowingly send, receive, upload, download, 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 "spam," "junk mail," or "chain letters"; (h) to impersonate or attempt to impersonate any individual or entity; or (i) to engage in any conduct that restricts or inhibits any person from using or enjoying the Services, or which may expose Caelum Oro, Shopify, or users to harm or legal liability.

Additionally, you agree not to: (a) upload or transmit any malicious code, virus, or malware that could compromise the functionality of the Services; (b) copy, duplicate, reproduce, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or crawl the Services; (e) use any robot, spider, scraper, automated device, AI data collection tool, or manual process to access the Services; or (f) interfere with, bypass, or circumvent any security features, access restrictions, or robot exclusion headers. We reserve the right to immediately suspend, deactivate, or terminate your account and access to the Services upon any violation of these prohibited uses.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies to your use, enablement, authorization, or deployment of any Agent to access, interact with, or use the Services. "Agent" means any software, script, bot, or automated system operating autonomously or semi-autonomously on behalf of or under the instruction of any entity.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself consistently and complies strictly with the requirements of Section 14.4 below. Furthermore, no Agent may access the Services if we request that such Agent cease doing so.

14.3 We reserve the right to deploy technical measures to restrict or govern how any Agent accesses or interacts with the Services.

14.4 An Agent must: (i) identify itself as an Agent in all HTTP/HTTPS headers and include the string "Agent/[Agent Name]" within the User-Agent parameter; (ii) not disguise, obfuscate, or simulate human browsing behavior, including bypassing CAPTCHA or anti-bot verification mechanisms; (iii) truthfully identify itself when prompted; and (iv) never attempt to circumvent any measures implemented to block, restrict, or monitor Agent activity.

SECTION 15 - TERMINATION

We may terminate these Terms or your access to the Services (or any portion thereof) at any time, in our sole discretion and without prior notice. You will remain liable for all amounts due up to and including the date of termination.

The following provisions will survive any termination: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information made available on or through the Services is provided for general informational purposes only. We do not warrant the completeness, accuracy, or utility of this information. Any reliance you place on such materials is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any visitor.

EXCEPT AS EXPRESSLY STATED BY CAELUM ORO, THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER 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 THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAELUM ORO, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR 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, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE 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 SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Caelum Oro, Shopify, and our respective affiliates, partners, officers, directors, agents, contractors, licensors, service providers, and employees from and against any losses, liabilities, claims, or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your breach of these Terms of Service or the documents referenced herein; (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; however, failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced thereby. We reserve the right to assume exclusive defense and control of any such claim at your expense, and you agree to fully cooperate with our defense of these claims.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless 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 such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 21 - ASSIGNMENT

You may not assign, delegate, or transfer this agreement or any of your rights or obligations under these Terms without our prior written consent; any attempted assignment shall be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent and without notice.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles. You and Caelum Oro agree that any legal action, dispute, or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the state or federal courts located within the State of Colorado, and you hereby consent to the personal jurisdiction and venue of such courts.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at 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 to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms as required by applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to our Services following the posting of any changes constitutes acceptance of those changes.

 

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@caelum-oro.com.