TERMS OF SERVICE

OVERVIEW

Welcome to La Mona Crafted. The terms “we,” “us,” and “our” refer to La Mona Crafted SpA, trading as La Mona Crafted.

La Mona Crafted 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”). La Mona Crafted 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 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 warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access 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 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 store or purchasing any of the 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 in our store is correct, 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 of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make every effort to represent our products accurately in our online store. Please note that colors and product appearance may vary depending on the device, screen settings, and configuration used to view the store.

La Mona Crafted pieces are made to order. Because our pieces are handmade, subtle variations in texture, stitch, color, or finish may occur as part of the handmade character of the piece. These variations do not necessarily constitute a defect.

Product descriptions, specifications, available configurations, colors, and other product information are provided on the applicable product page. Please review this information carefully before placing your order.

We reserve the right to discontinue products or limit their availability by person, geographic region, or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Your order is accepted once La Mona Crafted confirms acceptance and payment has been successfully processed.

Please review your order and, where applicable, your selected product configuration carefully before submitting your purchase.

Because La Mona Crafted pieces are made to order, changes or cancellations may not be possible once creation has begun. Poppy Heritage Design Your Own pieces are created specifically according to the configuration selected and confirmed by the customer and are subject to the conditions described in our Return and Refund Policy.

If we are unable to accept your order, or if an accepted order must be cancelled, we will contact you using the information provided with your order and issue any refund due in accordance with applicable law and our policies.

Your purchases are subject to our Return and Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

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 your order confirmation email.

Unless otherwise expressly stated, posted prices do not include applicable taxes, customs duties, import taxes, brokerage charges, or other import-related fees. Complimentary shipping is provided for orders shipped to the United States in accordance with our Shipping Policy.

Prices posted in our online store may be different from prices offered through other sales channels or third parties.

We may offer, from time to time, promotions on 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 for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct, and complete, that you are authorized to use the payment method provided, and that you will pay all charges incurred by you at the prices presented at checkout, together with applicable taxes and other charges, if any.

SECTION 5 - SHIPPING AND DELIVERY

Orders to the United States are shipped from Chile. La Mona Crafted provides complimentary shipping on orders to the United States in accordance with our Shipping Policy.

Because our pieces are made to order, creation time is separate from international transit time. Applicable creation times, shipping information, and additional details are provided in our Shipping Policy and, where relevant, on the applicable product page.

Orders shipped from Chile may be subject to customs duties, import taxes, brokerage charges, or other import-related fees. Unless otherwise expressly stated, these charges are the responsibility of the customer.

Delivery and transit estimates may be affected by carrier operations, customs processing, and circumstances outside our control.

Please review our Shipping Policy for additional information regarding creation times, shipping, delivery, duties, and import charges.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by La Mona Crafted, its affiliates or licensors and are protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of La Mona Crafted, Shopify, or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by La Mona Crafted.

La Mona Crafted’s names, logos, product and service names, designs, and slogans are trademarks or other intellectual property of La Mona Crafted or its affiliates or licensors, as applicable. You must not use such intellectual property without prior written permission from La Mona Crafted.

Shopify’s 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 trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over or input into.

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 to the fullest extent permitted by applicable law.

Any use by you of optional tools offered through the site is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services, including new tools and resources. Such new features shall also be deemed part of the Services and are 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 embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites 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.

To the fullest extent permitted by applicable law, we are not liable for harm or 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 review carefully 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 applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

La Mona Crafted is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our store are made directly with La Mona Crafted.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and La Mona Crafted, including any injury, damage, or loss resulting from purchased products and services.

To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with La Mona Crafted.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. 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 information about your access to and use of the Services in order to provide and improve the Services.

Information you submit to the Services may be transmitted to and shared with Shopify and third-party service providers, which may be located in countries other than the country where you reside, in order to provide the Services to you.

Please review our Privacy Policy for more information about how La Mona Crafted, Shopify, and applicable service providers process personal information.

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 for any purpose, including commercial use.

We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.

You represent and warrant that you own or have all necessary rights to the Feedback you provide, that you have disclosed any compensation or incentives received in connection with your submission of Feedback, and that your Feedback complies with these Terms.

We are under no obligation to maintain your Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our discretion violates applicable law, the rights of another party, or these Terms.

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 are responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services containing typographical errors, inaccuracies, or omissions that may relate 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 in accordance with applicable law.

If an error affects an order you have already placed, we will address the order in accordance with applicable law and our applicable policies.

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, to:

(a) engage in any unlawful or malicious activity;

(b) violate applicable international, federal, state, provincial, or local laws or regulations;

(c) infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(d) harass, abuse, threaten, defame, or harm another person;

(e) transmit false or misleading information;

(f) transmit material that does not comply with these Terms;

(g) send spam, unsolicited advertising, chain letters, or similar solicitations;

(h) impersonate or attempt to impersonate another person or entity; or

(i) engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that may harm La Mona Crafted, Shopify, or users of the Services.

In addition, you agree not to upload or transmit viruses or malicious code; reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services without authorization; collect or track the personal information of others unlawfully; engage in phishing or similar activities; use unauthorized automated systems to access the Services; or interfere with, bypass, or circumvent security or authorization features.

We reserve the right to suspend, disable, or terminate access to the Services where we determine that these Terms have been violated, subject to applicable law.

SECTION 14 - AGENTS

This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services.

“Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can be executed without direct supervision.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with the requirements below. No Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.

Agents must:

(i) identify that a request is from an Agent and disclose the name of the Agent in accordance with applicable technical requirements;

(ii) not conceal or obfuscate that access, use, or interactions are from an Agent;

(iii) respond truthfully to requests seeking to determine whether interactions are coming from a human or computer; and

(iv) not circumvent measures intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in accordance with these Terms and applicable law.

You will remain responsible for amounts properly due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply following termination, including provisions relating to intellectual property, privacy, liability, indemnification, severability, governing law, and other rights and obligations intended to survive.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes.

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

Nothing in these Terms is intended to exclude, restrict, or modify any warranty, right, or remedy that cannot lawfully be excluded, restricted, or modified under applicable law.

Some jurisdictions limit or do not allow certain warranty disclaimers, and therefore some disclaimers contained in these Terms may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LA MONA CRAFTED, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless La Mona Crafted, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to a third party arising from:

(1) your material breach of these Terms of Service or documents incorporated by reference;

(2) your violation of applicable law or the rights of a third party; or

(3) your unlawful or unauthorized access to or use of the Services.

We will provide notice of an indemnifiable claim as reasonably practicable. You agree to cooperate reasonably in the defense of any such claim.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms.

Such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service, together with policies and operating rules incorporated by reference, constitute the agreement between you and us regarding your use of the Services, subject to rights that cannot be excluded or limited under applicable law.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent, except where applicable law provides otherwise.

We may transfer or assign these Terms and our rights and obligations in connection with a transfer, reorganization, or other lawful change to our business, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services are governed by the laws applicable to La Mona Crafted SpA in Chile, without limiting any mandatory rights or protections that may apply to consumers under applicable law.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change, or replace portions of these Terms by posting updates and changes to our website.

Where required by applicable law, we will provide notice of material changes. Changes will become effective as stated in the applicable notice or, where no notice is legally required, when published.

Your continued use of or access to the Services following changes to these Terms constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

contact@lamonacrafted.com

Our contact information is:

La Mona Crafted SpA
Trading as La Mona Crafted
Calle Santa Brígida 421
Las Condes, Santiago 7560593
Chile
contact@lamonacrafted.com