Terms of service

Terms of Service

Overview
Welcome to Pablo Blue! "We," "us," and "our" refer to Pablo Blue. Pablo Blue operates this store and website, including all related information, content, features, tools, products, and services, designed to provide you, the customer, with a curated shopping experience (collectively, the "Service"). Pablo Blue is powered by Shopify, enabling us to offer you the aforementioned services.

The following specific terms of service, along with any policies referenced herein (these "Terms of Service" or "Terms"), outline the rights and responsibilities you have when using the Service.

Please read these Terms of Service carefully, as they contain important information about your legal rights, covering aspects such as warranty disclaimers and limitations of liability.

By accessing, interacting with, or using our Service, 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 the Privacy Policy, you should not use or access our Service.

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 consent to allow any of your minor dependents to use our Service on devices you own, purchase, or manage.

To use the Service, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide to our store is accurate, complete, and current, 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 activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person or permit any other person to use it.

Section 2 - Our Products
We have made every effort to accurately represent our products and services in our online store. However, please note that due to differences in the type of device you use to access the store, as well as your device settings and configuration, the actual colors or appearance of products may differ from what you see on your screen.

We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations or be exactly as described or depicted in our online store.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may, on a case-by-case basis, limit the quantities of any products we offer to any person, geographic region, or jurisdiction.

Section 3 - Orders
Placing an order constitutes an offer from you to purchase. Pablo Blue reserves the right, in its sole discretion, to accept or reject your order for any reason. Your order is not accepted until Pablo Blue confirms acceptance. We must receive and process your payment before your order can be accepted. Please check your order carefully before submitting it, as Pablo Blue may be unable to assist with cancellations once an order is accepted. If we do not accept, make changes to, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number you provided when placing the order.

Your purchase transaction is subject to returns or exchanges only in accordance with our Refund Policy [link].

You represent and warrant that you purchase products for personal or household use only and not for any commercial resale or export purpose.

Section 4 - Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time you place your order, which will also be listed in your order confirmation email. Unless explicitly stated otherwise, posted prices do not include taxes, shipping, handling, customs, or import fees.

Prices posted in our online store may differ from those offered in physical stores or in online or other stores operated by third parties. We may occasionally offer promotional discounts for the Service that affect pricing; such promotions are governed by separate terms of service independent of these Terms. In case of conflict between promotional terms and these Terms, the promotional terms shall govern.

You agree to provide complete, accurate, and current purchase, payment, and account information for all transactions made in our store. You agree to promptly update your account and other information, 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 authorized to use the 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 you incur, including all applicable taxes (if any), shipping, and handling fees, at the posted prices.

Section 5 - Shipping and Delivery
We are not responsible for shipping or delivery delays. All delivery times are estimates only, and we make no guarantees. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Title and risk of loss pass to you upon our transfer of the products to the carrier.

Section 6 - Intellectual Property
The Service, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, and related designs, selections, and arrangements, are owned by Pablo Blue, its affiliates, or licensors and are protected by United States and foreign patent, copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Service only for non-commercial, personal use. You may not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Service without our prior written consent. Except as expressly set forth in these Terms, nothing herein shall be construed as granting you any license or right under any patent, trademark, copyright, or other intellectual property of Pablo Blue, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. Pablo Blue reserves all rights not expressly granted in these Terms.

The names Pablo Blue, its logo, and all related product and service names, designs, and slogans are trademarks of Pablo Blue or its affiliates or licensors. You may not use such marks without the prior written permission of Pablo Blue. The name Shopify, its logo, and all related product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

Section 7 - Optional Tools
As part of the Service, you may be granted access to tools provided by third-party partners, over which we exercise no oversight, control, or involvement.

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 you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.

We may also, in the future, offer new features through the Service (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
The Service may contain materials and hyperlinks (including any embedded third-party functionality) to websites operated by or containing materials provided by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave our Service to access such materials or third-party websites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party website, or your purchase or use of any products, services, resources, or content available on any third-party website. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

Section 9 - Relationship with Shopify
[Merchant Note: This section accurately describes the relationship between Shopify and your store and should not be deleted or modified.]
Pablo Blue is powered by Shopify, enabling us to provide the Service to you. However, any sales and purchase transactions you conduct in our store are conducted directly with Pablo Blue. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of your sales transactions with Pablo Blue, including any injury, damage, or loss caused by the purchased products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchase activities and transactions with Pablo Blue.

Section 10 - Privacy Policy
All personal information we collect through the Service is governed by our Privacy Policy, available here [link]; certain personal information may also be subject to Shopify's Privacy Policy, available here. Using the Service signifies that you have read these privacy policies.

Since the Service is hosted by Shopify, Shopify will collect and process personal information about your visits to and use of the Service to provide and improve the Service for you. Information you submit to the Service will be transmitted to and shared with Shopify and potentially third parties in countries other than your location to provide the Service to you. Please review our Privacy Policy [link] for more details on how we, Shopify, and our partners use your personal information.

Section 11 - Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, copy, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes. For example, we may exercise our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Service and to fulfill and exercise our obligations and rights under these Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to submit all Feedback; (ii) you have disclosed any compensation or reward received for submitting Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation, now or in the future, (1) to keep your Feedback confidential; (2) to compensate you for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our Service or in the Service that contains typographical errors, inaccuracies, or omissions related 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 (including after you have submitted your order) if any information is inaccurate at any time without prior notice.

Section 13 - Prohibited Uses
You may access and use the Service only for lawful purposes. You may not access or use the Service, directly or indirectly, for any purpose that: (a) is illegal or malicious; (b) violates any international, federal, provincial, or state regulation, rule, law, or local ordinance; (c) infringes upon or violates our or others' intellectual property rights; (d) harasses, abuses, insults, harms, defames, slanders, disparages, intimidates, or discriminates against any of our employees or any other person; (e) transmits false or misleading information; (f) sends, knowingly receives, uploads, downloads, uses, or reuses any material that does not comply with these Terms; (g) transmits or causes the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) impersonates or attempts to impersonate another individual or entity; or (i) engages in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Pablo Blue, Shopify, or users of the Service or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service; (b) copy, imitate, reproduce, sell, resell, or exploit any portion of the Service; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine you have violated any provision of these Terms.

Section 14 - Termination
We may terminate this agreement or your access to the Service (or any part thereof) at any time, in our sole discretion, without notice, and you remain liable for all amounts due up to and including the date of termination.

The following provisions survive any termination: Intellectual Property, Feedback, Termination, Disclaimer, 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 15 - Disclaimer
The information provided in or through the Service is for general informational purposes only. We make no warranties regarding 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, any other visitor to the Service, or anyone who may be informed of any of its contents.

Unless expressly stated by Pablo Blue, the Service and all products delivered through the Service are provided 'as is' and 'as available' for your use, 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, represent, or guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusion may not apply to you.

Section 16 - Limitation of Liability
To the maximum extent permitted by law, in no event shall Pablo Blue, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or Shopify and its affiliates' respective partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, 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 Service or any products procured using the Service, 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 any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Section 17 - Indemnification
You agree to indemnify, defend, and hold harmless Pablo Blue, Shopify, and our and their respective parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third-party; or (3) your access to and use of the Service.

We will provide notice to you of any claim subject to indemnification; failure to provide timely notice does not relieve you of your indemnification obligations unless you are materially prejudiced thereby. We may assume the exclusive defense and control of any matter subject to indemnification by you at your expense, including the selection of counsel, but we will not settle any claim that requires you to bear non-monetary obligations without your consent (not to be unreasonably withheld). You will cooperate in the defense of any indemnified claim, including providing relevant documents.

Section 18 - Severability
If 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 19 - 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 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 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 20 - Assignment
You may not assign, transfer, or delegate this agreement or your rights or obligations hereunder without our prior written consent, and any such attempt shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

Section 21 - Governing Law
These Terms of Service and any separate agreements whereby we provide you the Service shall be governed by and construed in accordance with the laws of the jurisdiction where Pablo Blue has its principal place of business, without regard to its conflict of law principles. You and Pablo Blue agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction.

Section 22 - Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 23 - Changes to 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 to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to our Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 24 - Contact Information
Questions about the Terms of Service should be sent to us at bosssu@pabloblue.com.

Our contact information is posted below:
pabloblue
bosssu@pabloblue.com