Términos del servicio
OVERVIEW
Welcome to BE ICONICO! The terms "we," "us," and "our" refer to BE ICONICO. BE ICONICO operates this store and website, including all information, content, features, tools, products and services related thereto, to provide you, the customer, with a curated shopping experience (the "Services"). BE ICONICO is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced herein (these "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 warranty disclaimers and limitations of liability.
By visiting, interacting with, or making use of our Services, you agree to be bound by these Terms of Service and our Privacy Policy [https://beiconico.shop/policies/privacy-policy]. If you do not agree to these Terms of Service or our 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 that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
In order to use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information such as your email address, billing information, payment, and shipping information. You represent and warrant that all information you provide on our stores is correct, 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 that occurs on your account. You may not transfer, sell, assign, or license your account to any other party.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services on our online stores. However, product colors or appearance may differ from what appears on your screen, due to the type of device you use to access the store and its settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will match your expectations or be the same as displayed on 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 we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
By placing an order, you are making an offer to purchase. BE ICONICO reserves the right to accept or decline your order for any reason, at our sole discretion. Your order will not be accepted until BE ICONICO confirms acceptance. We must receive and process your payment before we accept your order. Please review your order carefully before submitting it, as BE ICONICO may not be able to accommodate cancellation requests after an order has been accepted. Should we fail to accept, modify, or cancel an order, we will attempt to notify you using the email and/or billing address provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [https://beiconico.shop/policies/refund-policy].
You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.
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 specified in your order confirmation email. Unless expressly stated otherwise, prices displayed do not include applicable taxes, shipping, handling, or import/customs fees.
Prices displayed on our online stores may be different from prices offered in physical stores, or in other online or offline stores operated by third parties. We may occasionally offer promotions within our Services that may affect pricing and that are governed by separate terms and conditions from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, 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 supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including all shipping and handling charges and any applicable 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 responsible for delays caused by carriers, customs processing, or events outside of our control. Once we transfer the products to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including without limitation all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof, are owned by BE ICONICO, its affiliates, or licensors, and are protected by U.S. and foreign patents, copyrights, 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, transfer, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants you, or should be construed as granting you, a license to any patent, trademark, copyright, or other intellectual property of BE ICONICO, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by BE ICONICO.
The BE ICONICO name, logo, product and service names, designs, and slogans are trademarks of BE ICONICO or its affiliates or licensors. You must not use such trademarks without the prior written permission of BE ICONICO. 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 on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be given access to third-party tools offered as part of the Services, over which we neither monitor nor have any 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 any endorsement. We will have no liability arising from or related to your use of optional third-party tools.
Any use by you of the optional tools offered on 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 provider(s).
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 considered part of the Services and subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to any third-party website, or to your purchase or use of any products, services, resources, or content available on any third-party website. Please carefully review the third party's policies and practices and make sure 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
BE ICONICO is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase you make through our Store is made directly with BE ICONICO. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and BE ICONICO, including any injury, damage, or loss resulting from the purchase of products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchase and transaction with BE ICONICO.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [https://beiconico.shop/policies/privacy-policy], 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 this Privacy Policy.
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 provide to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in a country other than the one in which you reside, so that we may provide the Services to you. Please refer to our Privacy Policy [https://beiconico.shop/policies/privacy-policy] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
By submitting, uploading, posting, emailing, or otherwise sharing 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 and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services, as well as to fulfil our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that: (i) you own or otherwise control all necessary rights to your feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of feedback; and (iii) your feedback will comply with these Terms. We have no obligation, and will have no obligation, (1) to keep your feedback confidential; (2) to pay compensation for your feedback; or (3) to respond to your feedback.
We may, but have no obligation to, monitor, edit, or remove feedback that we determine in our sole discretion is 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 feedback 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 feedback will not contain defamatory, unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any feedback. You are solely responsible for any feedback you provide and its accuracy. We take no responsibility for and assume no liability for any feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on 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 on the Services is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly, for the following: (a) for any unlawful or fraudulent purpose; (b) to violate any local, state, provincial, federal, or international law, statute, ordinance, or regulation; (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, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, transfer, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (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 BE ICONICO, 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, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or engage in pretexting on the Services; (e) use any robot, spider, scraping tool, data extraction tool, automated device or process, artificial intelligence tools (such as agentic AI), or any other automated or manual means to access the Services; or (f) interfere with, circumvent, or evade the security-related, authorization, robot exclusion, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable, or cause the deployment of an Agent to access, use, or interact with any of the Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the direction of, any person or entity, and that may run on behalf of, or using the device of, a person without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.
14.3 We may limit, including through technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) on every HTTP/HTTPS request, identify that the request is from an Agent and disclose the Agent's name by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) not conceal or disguise that any access, use, or interaction is from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) filling out or circumventing CAPTCHA or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are from a human or a computer; (iv) not circumvent or avoid any measure 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) at our sole discretion, at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
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 your reliance on such materials or from that of any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY BE ICONICO, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION 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. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION 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 THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BE ICONICO, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY OR 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 ANY PRODUCTS PROCURED USING 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 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.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BE ICONICO, Shopify, and our affiliates, partners, directors, officers, 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 referenced herein, (2) your violation of any law or the rights of a third party, or (3) your use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to promptly notify you shall not relieve you of your obligations hereunder except to the extent you are materially prejudiced. We may control the defense and settlement of any such claim at your expense, including choice of counsel, but we will not settle any claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You shall cooperate with any reasonable requests assisting our defense of such claim, including providing relevant documents.
SECTION 19 - 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 20 - 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 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 and govern your use of the Service, 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 ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement, or any of your rights or obligations hereunder, 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 without your consent or prior notice.
SECTION 22 - GOVERNING LAW
These Terms of Service, and any separate agreement whereby we provide you Services, shall be governed by and construed in accordance with the laws of the federal, state, or territorial jurisdiction in which BE ICONICO is based. You and BE ICONICO agree to the personal jurisdiction and venue of the courts located in that jurisdiction.
SECTION 23 - HEADINGS
Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms in any way.
SECTION 24 - CHANGES TO 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 become effective on the date specified in the notification. 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 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at beiconico@gmail.com.
Our contact information is provided below:
BE ICONICO
beiconico@gmail.com