Terms of service
GENERAL OVERVIEW
Welcome to Bora Café. The terms “we,” “us,” and “our” refer to Bora Café. Bora Café 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”). Bora Café uses Shopify technology to deliver the Services.
The following terms and conditions, together with all policies referenced herein (collectively, the “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights and include provisions 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 must not use our Services.
SECTION 1: ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the age of majority in your state or province of residence and that you have given us your consent to allow any minors in your care to use the Services on devices 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 required 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 necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, or assign your account to another person, nor grant any licenses associated with such account.
SECTION 2: OUR PRODUCTS
We have made every effort to display our products and services accurately in our online stores. However, please note that colors or product appearance may vary from what you see on your screen due to the device you use to access the store and its settings.
We do not guarantee that the appearance or quality of any 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 may limit the quantities of any products offered to any person, geographic region, or jurisdiction, as applicable.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. Bora Café reserves the right, in its sole discretion, to accept or reject your order for any reason. Your order will not be accepted until Bora Café confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submission, as Bora Café may be unable to accommodate cancellation requests once 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, or telephone number provided at the time of order.
Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are solely for personal or household use 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 forth in your order confirmation email. Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping, order handling, customs clearance, or import duties.
Prices listed in our online stores may differ from those offered in physical stores, other online platforms, or other channels operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will 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 details, such as 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 the purchase; (iii) your credit card company will honor the charges incurred by you; and (iv) you will pay the charges incurred at the posted prices, including applicable shipping, handling, and taxes, if any.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or events beyond our control. Once we deliver products to the carrier, title and risk of loss pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, without limitation, trademarks, trade names, text, samples, images, graphics, product reviews, video and audio content, and the design, selection, and arrangement thereof, are owned by Bora Café, its affiliates, or licensors, and are protected by United States and foreign copyright and other intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Unless expressly stated herein, nothing in these Terms shall be construed as granting any license or other rights to you in respect of any patents, trademarks, copyrights, or other intellectual property of Bora Café, Shopify, or third parties. Unauthorized use of the Services may violate federal and state intellectual property laws. Bora Café reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of Bora Café are trademarks of Bora Café, its affiliates, or licensors. You may not use such trademarks without the prior written consent of Bora Café. The names, logos, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans used in the Services are the trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be provided with access to customer tools offered by third parties over which we have 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 endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional 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 such tools are 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 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, nor do we warrant the accuracy of, any third-party materials or websites you choose to access. If you decide to leave the Services to access such materials or third-party 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 to your purchase or use of products, services, or resources from such third-party websites. Please carefully review the policies and practices of third parties and ensure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes Shopify’s relationship with your store and must not be removed or altered.] Bora Café uses Shopify technology to provide the Services. However, any sale or purchase you make in our store is conducted directly with Bora Café. 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 Bora Café, including any injury, damage, or loss caused by the products and services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with Bora Café.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted on 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. For the purpose of providing services, the information you submit to the Services will be transmitted to Shopify and to third parties that may be located in countries other than your own, and will be shared with them. 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 submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any media 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 fulfill our obligations and enforce our rights under these Terms of Service.
You further represent and warrant that: (i) you own all necessary rights to all Comments; (ii) you have disclosed any compensation or incentive received in connection with your submission of the Comments; and (iii) your Comments will comply with these Terms. We have no obligation to (1) treat your Comments as confidential; (2) provide compensation for your Comments; or (3) respond to your Comments.
We may, but have no obligation to, monitor, edit, or remove Comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or 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, impersonate any person, 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
From time to time, there may be information on or within 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 and 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, state, or local regulations, laws, or 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 knowingly send, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit, or procure the sending of, any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by us, may harm Bora Café, 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 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) send spam, engage in phishing, pharming, pretexting, spidering, crawling, or scraping; 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 prior 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 prior 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, 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 should survive termination.
SECTION 15: DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general informational 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 its contents.
UNLESS EXPRESSLY STATED BY BORA CAFÉ, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, 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 WARRANT OR REPRESENT THAT YOU WILL BE ABLE TO USE THE SERVICES WITHOUT INTERRUPTION, IN A TIMELY, SECURE, OR ERROR-FREE MANNER. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL BORA CAFÉ, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR 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), STRICT LIABILITY, OR OTHERWISE, 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, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Bora Café, 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, payable to any third party due to or arising out of (1) your breach of these Terms of Service or of any documents incorporated herein 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 promptly notify you will not relieve you of your obligations unless you have suffered material prejudice. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim imposing non-monetary obligations on you without your consent (not to be unreasonably withheld). You will cooperate in the defense of claims subject to indemnification, including by providing relevant documents.
SECTION 18: SEVERABILITY
If 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 severable 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 by 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, without limitation, 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 null and void. We may transfer, assign, or delegate these Terms together 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 federal and state or territorial courts of the jurisdiction to which Bora Café belongs. You and Bora Café submit to the jurisdiction and venue 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 of Service by posting updates and changes to our website. You are responsible for periodically visiting our website to check for changes. We will notify you of any material changes to these Terms in accordance with 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 boracafe@boracafe.es.
Our contact information is as follows:
Bora Café
boracafe@boracafe.es
Carrer Oriol 35, 3r 2a, Vilafranca del Penedès, 08720 Barcelona, Spain
+34 642 213 096
47748795J