Terms of service

OVERVIEW

Welcome to Julitos. The terms "we," "us," and "our" refer to Julitos. Julitos operates this store and website, including all information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). Julitos is powered by Shopify technology, which allows us to provide the Services to you.

The following terms and conditions, and all policies cited therein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information regarding your legal rights and cover areas such as disclaimers and limitations of liability.

By viewing, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must 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 the state or province in which you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage. To use the services, including accessing our online stores, browsing them, or purchasing any product or service we offer, you may be requested to provide certain data, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in the stores is accurate, current, and complete, and that you have all necessary rights to provide this information. You are solely responsible for maintaining the security of your account credentials and for all activity occurring under your account. You may not transfer, sell, or assign your account to another person, nor grant licenses linked to said 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 be aware that the colors or appearance of the product 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 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 may limit the quantities of 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. Julitos reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Julitos confirms acceptance. We must receive and process your payment for the acceptance of your order. Please review your order thoroughly before submission, as Julitos may not be able to accommodate cancellation requests once an order has been accepted. In the event that we do not accept, modify in any way, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided at the time the order was placed. Your purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK]. You represent and warrant that your purchases are for personal or household use only and not for resale or export for commercial purposes.

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 set out in the order confirmation email you receive. Unless expressly stated otherwise, published prices do not include charges for taxes, shipping, handling, customs duties, or importation. Prices published in our online stores may differ from those offered in physical, online, or other stores managed by third parties. From time to time, we may offer promotions for the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If a conflict exists between the terms of a promotion and these Terms, the promotion terms shall prevail. 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 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 provided is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) your credit card company will cover the charges incurred by you; and (iv) you will pay the charges incurred at the published prices, including shipping, handling, and applicable taxes, if any.

SECTION 5: SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by transport companies, customs processing, or events beyond our control. Once we deliver the products to the transport company, 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 the property of Julitos, its affiliates, or licensors and are protected by the laws of the Netherlands and foreign laws regarding copyright and other types of intellectual property. These terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the material included in the Services without our prior written consent. Unless expressly stated herein, no section of these Terms grants or should be construed as granting a license or any other right to you regarding patents, trademarks, copyrights, or any other form of intellectual property of Julitos, Shopify, or third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Julitos reserves all rights not expressly granted herein. The names, logos, product and service names, designs, and slogans of Julitos are trademarks of Julitos, its affiliates, or its licensors. You must not use such trademarks without the prior written consent of Julitos. 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 within the Services are trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS

As part of the Services, you may be provided with access to third-party customer tools over which we exercise no supervision, control, or collaboration. 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 endorsement. We shall not assume liability arising from your use of optional third-party tools. At your sole discretion, you assume the risk for your use of optional third-party tools offered through the site, and you must ensure that you are aware of and approve the terms under which the third-party providers offer the tools. In the future, we may also 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 subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or managed by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, nor for the accuracy of, third-party materials or websites that you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk. We are not liable for any harm or damage related to your access to third-party websites or your purchase or use of products, services, or resources from third-party websites. Carefully review the policies and practices of third parties and ensure you understand them before engaging 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

Julitos is powered by Shopify technology, which allows us to provide the Services to you. However, any sale and purchase you make in our store is directly with Julitos. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales taking place between you and Julitos, including injuries, damages, or losses caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or relating to your purchases and transactions with Julitos.

SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies. Since the Services are hosted on Shopify, Shopify collects and processes personal information linked to your access to and use of the Services in order to provide and improve the Services for you. For the purpose of providing services to you, the information you submit to the Services will be transmitted to and shared with Shopify and third parties who may be located in countries other than your country of residence. For more information on how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].

SECTION 11: COMMENTS

If you send, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, "Comments"), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under the Terms of Service. You also represent and warrant that: (i) you own all necessary rights to all Comments; (ii) you have disclosed any compensation or incentives received in connection with your submission of the Comments; and (iii) your Comments will comply with these Terms. We are and shall be under no obligation to (1) maintain any Comments in confidence; (2) pay compensation for any Comments; or (3) respond to any Comments. We may, but have no obligation to, monitor, edit, or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violate any party’s intellectual property or these Terms of Service. You agree that your Comments 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 Comments 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 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 Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

 

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on 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 only for lawful purposes. 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 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 Julitos, Shopify, or users of the Services, 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 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, deactivate, 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 suspend your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you may remain liable for all amounts due up to and including the date of termination. The following sections shall survive termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision which by its nature persists after termination.

SECTION 15: DISCLAIMER OF WARRANTIES

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 and responsibility 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 its contents. UNLESS EXPRESSLY STATED BY Julitos, 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 EVENT SHALL Julitos, 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 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Julitos, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, 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 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 failure to provide prompt notice shall not excuse your obligations unless you have been significantly prejudiced. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle claims that impose non-monetary obligations on you without your consent (not to be unreasonably delayed). You will cooperate in the defense of indemnified claims, 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 and enforceability of any other remaining provisions.

 

SECTION 19: WAIVER; ENTIRE AGREEMENT

The failure of us 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, 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 shall be considered null and void. We may transfer, assign, or delegate these Terms along with 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 laws of the federal and state or territorial courts of the jurisdiction to which Julitos belongs. You and Julitos express submission to the venue and jurisdiction of said 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, 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 in accordance with applicable law, and such changes will take effect from 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 at info@julitos.eu. Our contact information is posted below:
V.O.F. Circulo Horeca Services
info@circulohoreca.com
Brouwersgracht 240, 1013 HE Amsterdam
+31 0 639 317273
KVK: 95543244
Btw: NL867174808B01