Terms of service
OVERVIEW
Welcome to ERA90. The terms "we" and "our" refer to ERA90. ERA90 operates this store and website, including all information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). ERA90 is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By viewing, interacting with, or using our Services, 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 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 that 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 accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, or assign your account to any other person, or grant licenses in connection with such account.
SECTION 2: OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or the appearance of products may differ from how they appear on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those displayed in our online stores.
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 we may limit the quantities of the products we offer to any person, geographic region, or jurisdiction, as the case may be.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. ERA90 reserves the right to accept or decline your order for any reason at its sole discretion. Your order will not be accepted until ERA90 confirms acceptance. We must receive and process your payment for your order to be accepted. Please review your order carefully before submitting it, as ERA90 may be unable to accommodate cancellation requests once an order has been accepted. In the event that we do not accept your order, or modify or cancel an order in any way, we will attempt to notify you using the email address, billing address, or phone number provided when the order was placed.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use only and not for resale or export for commercial purposes.
SECTION 4: PRICES AND BILLING
Prices, discounts, and promotions are subject to change without 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 out in the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include charges for taxes, shipping, order handling, customs processing, or import.
Prices posted in our online stores may differ from prices offered in physical, online, or other stores operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will govern.
For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and your 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 have provided 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 and order handling charges and applicable taxes, if any.
SECTION 5. SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside of our control. Once we deliver the products to the shipping carrier, title and risk pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by ERA90, its affiliates, or licensors, and are protected by Spanish and foreign copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial purposes only. You must not reproduce, distribute, modify, copy into derivative works, publicly display, publicly perform, republish, download, store, or transmit any of the material included in the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants, or shall be construed as indicating a grant of, a license or any other right to you under any patent, trademark, copyright, or any other form of intellectual property of ERA90, Shopify, or third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. ERA90 reserves all rights not expressly granted herein.
The ERA90 names, logos, product and service names, designs, and slogans are trademarks of ERA90, its affiliates, or its licensors. You must not use such trademarks without ERA90's prior written consent. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. 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
As part of the Services, you may be given access to customer tools offered by third parties over which we exercise no monitoring, control, or 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 your use of optional third-party tools.
Any use by you of the optional third-party 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 the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating third-party materials or websites you choose to access, or for their accuracy. If you decide to leave the Services to access these third-party materials 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 products, services, or resources from third-party websites. Please review third-party policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
ERA90 is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with ERA90. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that take place between you and ERA90, including any injury, damage, or loss caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchases and transactions with ERA90.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be found here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you. In order to provide services to you, information you submit to the Services will be transmitted to, and shared with, Shopify and third parties that may be located in countries other than the one in which you reside. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy.
SECTION 11: FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (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 and for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own all rights necessary to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of the Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to provide compensation for any Feedback; or (3) to respond to any Feedback.
We may, 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 of Service.
You agree that your Feedback will not violate any right 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 remarks, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility for Feedback posted by you or by any third party.
SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information about or in the 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 is inaccurate, at any time without prior notice (including after you have submitted your order).
SECTION 13: PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit, or procure the sending of, "junk mail," "chain letters," "spam," or any other similar content; (h) to impersonate, or attempt to impersonate, any other person or entity; (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm ERA90, Shopify, or users of the Services, or expose them to liability.
You further agree not to do the following: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (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 Services 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 that you have violated any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or discontinue your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature survives termination.
SECTION 15: DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant 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 or any other visitor to the Services, or by anyone who may be informed of any of their contents.
UNLESS EXPRESSLY STATED BY ERA90, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO CASE SHALL ERA90, 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, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF 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, ANY ERRORS OR DAMAGES OF ANY KIND 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 THE POSSIBILITY THEREOF.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ERA90, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party arising out of (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 Services.
We will notify you of any claim subject to indemnification, provided that our failure to promptly notify you will not relieve you of your obligations unless you have suffered material prejudice. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (not to be unreasonably delayed). You will cooperate in the defense of claims subject to indemnification, for example, by providing relevant documents.
SECTION 18: 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 to be severed from these Terms of Service; such determination shall not affect the validity or enforceability of any other provision.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the 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, govern your use of the Service, and supersede 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 delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be deemed null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 21: 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 federal and state or territorial courts of the jurisdiction to which ERA90 belongs. You and ERA90 submit to the venue and 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 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 take effect as of the date specified in the notice. Your continued use of or access to the Services 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.
Our contact information is posted below:
ERA90
era90vintage@hotmail.com
Calle del Doctor Fleming, 2, Aranjuez, Madrid, 28300
+34 624 08 85 81