Terms of Service

Terms of Service

OVERVIEW

This website is managed by Destinado, LLC. Throughout the site, the terms "we," "us," and "our" refer to Destinado, LLC. We provide this website, along with all the information, tools, and services available on it, to you, the user, contingent upon your acceptance of all the terms, conditions, policies, and notices outlined here.

By visiting our site or purchasing from us, you participate in our "Service" and agree to adhere to the following terms and conditions ("Terms of Service," "Terms"), including any additional terms, conditions, and policies referenced here or accessible via hyperlink. These Terms of Service apply to all site users, including but not limited to browsers, vendors, customers, merchants, and content contributors.

Please review these Terms of Service thoroughly before accessing or using our website. By accessing or using any part of the site, you agree to comply with these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you are not permitted to access the website or use any services. If these Terms of Service are deemed an offer, acceptance is strictly limited to these Terms of Service.

Any new features or tools added to the current store will also be governed by the Terms of Service. You can always review the latest version of the Terms of Service on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to periodically check this page for any changes. Your continued use of or access to the website after any changes are posted constitutes acceptance of those changes.

Our store is hosted by Shopify Inc., which provides us with an online e-commerce platform that enables us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence. Alternatively, if you are the age of majority, you have provided us with consent to allow any of your minor dependents to use this site.

You are prohibited from using our products for any illegal or unauthorized purposes. Additionally, while using the Service, you must not violate any laws in your jurisdiction, including but not limited to copyright laws.

 

You must not transmit any worms, viruses, or any code of a destructive nature. Any breach or violation of these Terms will result in the immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks, and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.

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

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible for the accuracy, completeness, or currentness of the information available on this site. The material provided is for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain historical information, which is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we are not obligated to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change without prior notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through our website. These items may have limited quantities and are subject to return or exchange only under our Refund Policy (https://destinadopreloved.com/pages/refund-return-policy

We strive to display the colors and images of our products as accurately as possible in our store. However, we cannot guarantee that the display of any color on your computer monitor will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same customer account, using the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was made. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You also 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.For more details, please review our Refund Policy: https://destinadopreloved.com/pages/refund-return-policy

SECTION 7 - OPTIONAL TOOLS

We may offer you access to third-party tools that we neither monitor nor control.

You acknowledge and agree that we provide access to these 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 or relating to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s).

In the future, we may offer new services and/or features through the website, including the release of new tools and resources. These new features and/or services will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, or any other materials, products, or services from third parties.

We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review the third party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us specific submissions (such as contest entries) or unsolicited creative ideas, suggestions, proposals, plans, or other materials (collectively, 'comments'), whether online, by email, by postal mail, or otherwise, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments you forward to us in any medium. We are 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 are not obligated to, monitor, edit, or remove content that we determine, at 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 comments will not infringe on any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, your comments must not contain libelous, unlawful, abusive, or obscene material, nor any computer virus or malware that could affect the operation of the Service or any related website. You must not use a false email address, impersonate someone else, or mislead us or third parties about the origin of any comments. You are solely responsible for the accuracy of your comments. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed in the Privacy Policy section.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions related 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions outlined in the Terms of Service, you are forbidden from using the site or its content for the following purposes: (a) any unlawful activity; (b) soliciting others to engage in unlawful acts; (c) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (e) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other type of malicious code that could affect the functionality or operation of the Service, any related website, other websites, or the Internet; (h) collecting or tracking the personal information of others; (i) spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) any obscene or immoral purpose; or (k) interfering with or circumventing the security features of the Service, any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using the Service will be accurate or reliable. You agree that we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered through it are provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors 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 Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Destinado, LLC, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from your breach of these Terms of Service, the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, that provision will still be enforceable to the maximum extent permitted by applicable law. The unenforceable portion will be considered severed from these Terms of Service, and this determination will not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities incurred by the parties before the termination date will survive the termination of this agreement for all purposes.

These Terms of Service remain in effect unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or by ceasing to use our site.

SECTION 17 - ENTIRE AGREEMENT

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

These Terms of Service, along with any policies or operating rules posted by us on this site or related to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 18 - GOVERNING LAW

These Terms of Service, along with any separate agreements under which we provide services to you, shall be governed by and interpreted in accordance with the law.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the latest version of our Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion by posting updates and changes on our website. It is your responsibility to periodically check our website for any changes. Your continued use of or access to our website signifies your acceptance of these changes.