Terms of service
OVERVIEW
Welcome to Plata! The terms "we", "us", and "our" refer to Plata. Plata operates this store and website, including all information, content, features, tools, products, and related services to provide you, as a customer, with a personalized shopping experience (hereafter the “Services”). Plata is a store powered by Shopify, which enables us to provide these Services.
The following Terms of Use, along with any related policies (“Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy. If you do not agree with these Terms or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, and you grant us permission to allow any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing products or services, you may be required to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is accurate, current, complete, and that you have the legal right to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activities under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to accurately represent our products and services in our online stores. However, please note that the colors or appearance of products may differ depending on your device type, settings, and configuration.
We do not guarantee that the appearance or quality of any products or services will meet your expectations or match the descriptions or visuals presented in our stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit quantities available 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. Plata reserves the right to accept or decline your order for any reason, at our discretion. Your order is not accepted until we confirm it. We must receive and process your payment before accepting your order. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.
In the event we decline, modify, or cancel your order, we will attempt to notify you via the email address, billing address, and/or phone number provided.
Your purchases may only be returned or exchanged in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use only, not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions may change without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will appear in your order confirmation email. Unless otherwise indicated, prices shown do not include taxes, shipping and handling, customs, or import duties.
Prices shown in our online store may differ from those in physical stores or on other platforms. From time to time, we may offer promotions governed by separate terms. In the event of conflict between promotional terms and these Terms, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other details, including your email, credit card numbers, and expiration dates, to ensure we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true and complete, (ii) you are authorized to use the card, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you including any applicable taxes and shipping fees.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery timelines are estimates and not guaranteed. We are not liable for delays caused by shipping carriers, customs, or events beyond our control. Once products are transferred to the carrier, ownership and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including all trademarks, text, images, product reviews, videos, audio, and the design and arrangement of content, are the property of Plata, its affiliates, or licensors and are protected by intellectual property laws.
You are permitted to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works, publicly display, republish, or transmit any material from the Services without prior written permission. Except as expressly provided, no license or rights are granted under Plata’s or any third party’s intellectual property.
Unauthorized use may violate intellectual property laws. All rights not expressly granted are reserved.
The names, logos, product and service names, designs, and slogans of Plata are trademarks of Plata or its affiliates. You may not use them without written permission. Shopify trademarks also remain the property of Shopify.
SECTION 7 – OPTIONAL TOOLS
You may be provided access to third-party tools through the Services, which we do not monitor or control.
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 arising from or relating to your use of optional third-party tools.
Your use of any optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features or services (including new tools and resources) through the Services. Such features shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain content and links to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you choose to leave our Services and access third-party content or sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of third-party products, services, resources, or content. Please review the third party’s policies and practices carefully and make sure you understand them 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
Plata is powered by Shopify, which enables us to provide the Services. However, any purchases or sales made through our store are conducted directly with Plata. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Plata, including any harm, damage, or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, or liabilities arising out of or related to your purchases and transactions with Plata.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy, which can be viewed here, and some personal data may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal data related to your access and use of the Services in order to operate and improve the Services. Information you provide through the Services will be shared with Shopify and may be transmitted to third parties in other countries to provide the Services. Please review our privacy policy for more details on how Plata, Shopify, and our partners handle your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback on any media, for any purpose, including commercial purposes. For example, we may use this license to operate, improve, and promote the Services and fulfill our obligations under these Terms.
You represent and warrant that (i) you own or have all necessary rights to your Feedback; (ii) you disclosed any compensation or incentives received in connection with the Feedback; and (iii) your Feedback complies with these Terms.
We have no obligation to (1) maintain the confidentiality of Feedback; (2) pay compensation for Feedback; or (3) respond to Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of intellectual property rights or these Terms.
You agree that your Feedback does not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback does not contain libelous or otherwise unlawful, abusive, or obscene material, or any malware that could affect the operation of the Services or related websites. You may not use a false email address, impersonate someone else, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for the 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 the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery 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 is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You agree not to use the Services (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, intimidate or discriminate; (e) to submit false or misleading information; (f) to upload or transmit any harmful or non-compliant content; (g) to send unsolicited or promotional material; (h) to impersonate another person or entity; or (i) to interfere with others' use or enjoyment of the Services.
Additionally, you agree not to (a) upload viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track others’ personal information; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with security features of the Services or any associated website.
We reserve the right to suspend or terminate your account at any time without notice if we determine you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provision that by its nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Your reliance on such information is strictly at your own risk. We disclaim all liability arising from reliance on such materials by you or anyone else.
EXCEPT AS EXPRESSLY STATED BY PLATA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, 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. Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimers may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PLATA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF 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 BUT NOT LIMITED TO 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 SERVICE OR ANY PRODUCT PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Plata, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any claim, liability, damages or expenses (including reasonable attorney’s fees) made by any third party due to or arising out of (1) your breach of these Terms of Service or any documents they incorporate, (2) your violation of any law or third-party rights, or (3) your access to or use of the Services.
We will notify you of any indemnifiable claim, and failure to provide prompt notice will not relieve your obligations unless it materially prejudices your defense. We may control the defense and settlement of any claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations without your reasonable consent. You will cooperate with the defense, including providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
These Terms of Service, along with any posted policies or operating rules, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding all prior or contemporaneous communications and agreements, whether oral or written.
Any ambiguity in interpreting these Terms shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreement under which we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where Plata is headquartered. You and Plata agree to submit to the exclusive jurisdiction of such courts.
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 THE 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, modify, or replace any part of these Terms 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 in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after any changes constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@plata925.ca.
Our contact details are listed below:
Plata Bijoux
contact@plata925.ca
77 Rue du Petit Champlain, Québec City, QC, G1K 4H5, Canada