Terms of service
TERMS OF SERVICE – CalmHeat
GENERAL DESCRIPTION
Welcome to CalmHeat, operating at https://jubly.store.
The terms “we”, “us” and “our” refer to CalmHeat. CalmHeat operates this online store and website, including all information, content, features, tools, products and services available to you (the “Services”). CalmHeat uses Shopify technology to provide you with the Services.
These Terms of Service and all policies referenced in them (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 about your legal rights and cover areas 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. 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 your state, province or country of residence, and that you have given us your consent to allow any minors under your care to use the Services on devices you own, purchase or manage.
To use the Services, including accessing our online store, browsing it, or purchasing any products or services we offer, you may be asked to provide certain information such as your email address, billing address, payment details, and shipping address. You represent and warrant that all information you provide is true, current and complete, and that you have all rights necessary 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, nor grant licenses tied to your account, to any other person.
SECTION 2: OUR PRODUCTS
We make every effort to display accurately our products and services in our online store. However, you should be aware that colors and the appearance of products may differ from what you see on your screen due to the device and display settings you use.
We do not guarantee that the appearance or quality of any products or services you purchase will fully meet your expectations or be exactly as displayed in our online store.
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 we may limit the quantities of any products offered to any person, geographic region or jurisdiction.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. CalmHeat reserves the right to accept or reject your order for any reason at our sole discretion. Your order is not accepted until CalmHeat confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as CalmHeat may not be able to accommodate cancellation requests once an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address or phone number you provided when placing the order.
Your purchases are subject to return or exchange only in accordance with our Returns & Refunds Policy [LINK TO RETURNS POLICY].
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 your order confirmation email. Unless expressly stated otherwise, prices shown do not include taxes, shipping, handling, customs duties or import charges.
Prices listed in our online store may differ from prices offered by other third-party stores, platforms or marketplaces. From time to time, we may offer promotions that affect pricing and are governed by separate terms and conditions. If there is a conflict between the promotion terms and these Terms, the promotion terms will control.
For all purchases, you agree to provide current, complete and accurate purchase, payment and account information. You agree to promptly update your account details and other information, 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 that credit card; (iii) your credit card company will honor the charges you incur; and (iv) you will pay the charges incurred at the posted prices, including any applicable shipping, handling and taxes.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events outside our control.
Once we hand over the products to the shipping carrier, title and risk of loss pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, logos, text, sample images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by CalmHeat, its affiliates or licensors and are protected by copyright and other intellectual property laws in Spain, the European Union, the United States and other jurisdictions.
These Terms allow you to use the Services for personal, non-commercial purposes only. You may 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.
Unless expressly stated in these Terms, nothing in these Terms shall be construed as granting any license or right to you in respect of any patents, trademarks, copyrights or other intellectual property of CalmHeat, Shopify, or third parties. Unauthorized use of the Services may violate intellectual property laws. CalmHeat reserves all rights not expressly granted herein.
The names, logos, product and service names, designs and slogans of CalmHeat are trademarks of CalmHeat, its affiliates or licensors. You must not use such marks without our prior written permission. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, we may provide access to tools offered by third parties over which we have no control or input.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis 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.
Any use of optional third-party tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve 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 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 embedded third-party functionality). We are not responsible for examining or evaluating, and we do not warrant, the content or accuracy of third-party materials or websites.
If you choose to leave the Services to access third-party materials or websites, you do so at your own risk. We are not responsible for any loss or damage arising from your access to or use of third-party websites, or from your purchase or use of third-party products, services or resources.
You should carefully review the policies and practices of any third parties and make sure you understand them before engaging in any transaction. Any complaints, claims, concerns or questions regarding third-party products or services should be directed to those third parties.
SECTION 9: RELATIONSHIP WITH SHOPIFY
CalmHeat uses Shopify technology to provide the Services. However, any sale or purchase made in our store is conducted directly between you and CalmHeat.
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 CalmHeat, including any injuries, damages or losses arising from the products and services purchased. You expressly release Shopify and its affiliates from any claims, damages and liability arising from or related to your purchases and transactions with CalmHeat.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here: [LINK TO YOUR PRIVACY POLICY], and certain personal information may also be subject to Shopify’s Privacy Policy, available on Shopify’s website.
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. To provide the Services, the information you submit may be transferred to and processed by Shopify and third parties in countries other than your country of residence.
For more information about how we, Shopify and our partners use your personal information, please review our Privacy Policy [LINK TO YOUR PRIVACY POLICY].
SECTION 11: COMMENTS AND REVIEWS
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.
You represent and warrant that: (i) you own all rights in and to the Comments; (ii) you have disclosed any compensation or incentive received in connection with submitting the Comments; and (iii) your Comments comply with these Terms.
We have no obligation to (1) treat your Comments as confidential; (2) compensate you 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 to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable or otherwise in violation of any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your Comments will not contain unlawful, abusive, obscene or defamatory material, nor any computer virus or malware that could affect the operation of the Services or any related website.
You may not use a false email address, pretend to be someone else, or mislead us or third parties as to the origin of any Comments. You are solely responsible for the Comments you make and their accuracy. We are not responsible or liable for any Comments posted by you or any third party.
SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Services 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 agree not to use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, national, federal, provincial, state or local regulations or laws;
(c) to infringe our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against others;
(e) to submit false or misleading information;
(f) to send, receive, upload, download, use or re-use any material that does not comply with these Terms;
(g) to transmit or procure the sending of any “junk mail”, “chain letter”, “spam” or similar solicitation;
(h) to impersonate or attempt to impersonate any person or entity;
(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm FaithBricks, Shopify, or users of the Services or expose them to liability.
You also agree not to:
(a) upload or transmit viruses or any other type of malicious code that may 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) send spam, conduct 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, 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 of them) at our sole discretion at any time and without notice. You 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 provisions which by their nature should survive termination.
SECTION 15: DISCLAIMER OF WARRANTIES
EXCEPT WHERE CalmHeat EXPRESSLY STATES OTHERWISE IN WRITING, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
We do not warrant or represent that your use of the Services will be uninterrupted, timely, secure or error-free.
In some jurisdictions, the exclusion of certain warranties is limited or not allowed. In such cases, some of the above exclusions may not apply to you, and you may have additional rights under applicable law.
SECTION 16: LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall CalmHeat, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, suppliers 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 but not limited to loss of profits, loss of revenue, loss of 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 the Services,
-
your use of any products purchased through the Services, or
-
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 any loss 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.
In jurisdictions that do not allow the limitation or exclusion of liability for incidental or consequential damages, our liability shall be limited to the maximum extent permitted by law.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend and hold harmless CalmHeat, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities, claims, demands, costs or expenses (including reasonable attorneys’ fees) made by any third party due to or arising out of:
-
your breach of these Terms of Service or the documents they incorporate by reference;
-
your violation of any law or the rights of a third party; or
-
your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that our failure to promptly notify you will not relieve you of your obligations except to the extent you are materially prejudiced by that failure.
We may assume the defense and control of any matter subject to indemnification at your expense, including the choice of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (not to be unreasonably withheld). You agree to cooperate with us in the defense of any such claim, including by providing relevant documents and information.
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 severed from these Terms. Such determination shall not affect the validity or enforceability of any other remaining provisions.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure 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, together with any policies or operating rules posted by us on this site or in respect of the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding 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 ambiguity 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 any of 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, and our rights and obligations hereunder, without your consent or notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
SECTION 21: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you the Services shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles.
You and CalmHeat agree to submit to the exclusive jurisdiction of the courts of Madrid, Spain, for the resolution of any disputes arising out of or relating to these Terms or the Services, except where applicable consumer protection laws provide you with the right to bring claims in another jurisdiction.
SECTION 22: HEADINGS
The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms of Service.
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 on our website. It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms as required by 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.