Terms of service
OVERVIEW
Welcome to TomásLamps! The terms “we”, “us”, and “our” refer to TomásLamps. TomásLamps operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). TomásLamps is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, using, or interacting with our Services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, 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 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 and services offered by us, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent that all information you provide in our stores is accurate, current, and complete, 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 under your account. You may not transfer, sell, assign, or license your account to any third party.
SECTION 2 – OUR PRODUCTS
We have made every effort to accurately display our products and services in our online stores. However, please note that product colors or appearance may differ from how they appear on your screen depending on the device used to access the store and your device settings and configuration.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match the images or representations shown 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 to limit quantities of any products offered 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. TomásLamps reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not accepted until TomásLamps confirms acceptance. We must receive and process your payment before your order can be accepted. Please carefully review your order before submitting it, as TomásLamps may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.
Returns or exchanges of your purchases are governed solely by our Return Policy [LINK].
You represent and warrant that your purchases are intended for your personal or household use only and not for commercial resale or export.
SECTION 4 – PRICING 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 stated in your order confirmation email. Unless otherwise expressly stated, listed prices do not include taxes, shipping charges, handling fees, customs duties, or import fees.
Prices shown in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. We may occasionally offer promotions associated with the Services that may affect pricing and are governed by separate terms and conditions. In the event of a conflict between promotion terms and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account information 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 duly authorized to use such credit card for purchases; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred at the posted prices, including shipping and handling charges and all applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable 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 clearance, or events beyond our control. Once we transfer products to the shipping carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, texts, advertisements, images, graphics, product reviews, videos, audio files, and their design, selection, and arrangement, are owned by TomásLamps, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any material on the Services. Except as expressly provided herein, nothing in these Terms grants you any license or rights under any patent, trademark, copyright, or other intellectual property of TomásLamps, Shopify, or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted herein are reserved by TomásLamps.
The names, logos, product names, service names, designs, and slogans of TomásLamps are trademarks of TomásLamps or its affiliates or licensors. You may not use these trademarks without prior written permission from TomásLamps. Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided access to customer tools offered by third parties as part of the Services. We neither monitor nor have any control over these tools.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, conditions, or endorsements of any kind. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms provided by the relevant third-party providers.
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 subject to these Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you access. If you leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not liable for any damages related to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the third party’s policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTICE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]
TomásLamps is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are conducted directly with TomásLamps. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and TomásLamps, including any injury, damage, or loss resulting from purchased products or services. 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 TomásLamps.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy. 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 data regarding your access to and use of the Services to provide and improve the Services for you. Data submitted to the Services will be transmitted to and shared with Shopify and third-party providers who may be located in countries other than your country of residence in order to provide services to you. For more information on how we, Shopify, and our partners use your personal data, please see our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you submit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes.
You further represent that: (i) you own or control all rights to the Feedback; (ii) you have disclosed all compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms.
You agree that your Feedback will not violate any rights of third parties or contain unlawful, abusive, or obscene material or malware.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on the Services containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services for unlawful, fraudulent, abusive, harmful, or malicious purposes or in violation of any applicable law or regulation.
You also agree not to upload malware, scrape data, spam, impersonate others, interfere with security features, or use automated tools such as bots or AI agents to access the Services without authorization.
We reserve the right to suspend or terminate your account if you violate these Terms.
SECTION 14 – AGENTS
This section applies if you use or allow any software or autonomous system (“Agent”) to access or interact with the Services.
Agents must clearly identify themselves in HTTP/HTTPS requests and may not disguise automated activity as human activity or bypass security systems such as CAPTCHAs.
We reserve the right to restrict or block Agent access to the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. You remain responsible for all amounts due up to the termination date.
Sections relating to intellectual property, feedback, disclaimers, liability limitations, indemnification, and applicable law survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information provided through the Services is for general informational purposes only. We make no warranties regarding the accuracy, completeness, or usefulness of such information.
Unless expressly stated otherwise by TomásLamps, the Services and all products provided through them are offered “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee uninterrupted, secure, or error-free operation of the Services.
SECTION 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, TomásLamps, Shopify, and their affiliates, employees, contractors, service providers, and licensors shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or any products purchased through the Services.
SECTION 18 – INDEMNIFICATION
You agree to indemnify and hold harmless TomásLamps, Shopify, and their affiliates, employees, contractors, and licensors from any claims, damages, liabilities, or expenses arising from your breach of these Terms or your violation of any law or third-party rights.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Failure to enforce any provision of these Terms does not constitute a waiver of such provision.
These Terms, together with all posted policies, constitute the entire agreement between you and TomásLamps regarding the Services.
SECTION 21 – ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms without restriction.
SECTION 22 – GOVERNING LAW
These Terms and any separate agreements under which we provide Services shall be governed by and construed in accordance with the laws applicable at the location of TomásLamps.
SECTION 23 – HEADINGS
Headings in these Terms are for convenience only and do not affect interpretation.
SECTION 24 – CHANGES TO THE TERMS
The latest version of these Terms will always be available on this page.
We reserve the right to update, modify, or replace any part of these Terms by posting updates to our website. Continued use of the Services after changes are posted constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to:
humerio.info@gmail.com