Terms of service

OVERVIEW
Welcome to Cruash Company. The terms "we", "us" and "our" refer to Cruash Company. Cruash Company 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"). Cruash Company is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced within 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, accessing or using our Services in any way, 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 accepting these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside, 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 browsing or purchasing any product or service we offer, you may be asked 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 correct, current and complete, and that you have all the rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell or assign your account to anyone else, nor grant licenses linked to your account.

SECTION 2: OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online stores. However, please note that colors or the appearance of a product may differ from how it looks on your screen, depending on the type of 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 what is shown 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 we may limit the quantities of any products we offer to any person, geographic region or jurisdiction, as applicable.

SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. Cruash Company reserves the right to accept or refuse your order for any reason at our sole discretion. Your order will not be accepted until Cruash Company confirms its acceptance. We must receive and process your payment for your order to be accepted. Please review your order carefully before shipment, as Cruash Company may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, in any way modify, or cancel an order, we will attempt to notify you using the email address, billing address or phone number provided at the time the order was made.
Your purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use only, and not for resale or commercial 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 set out in the order confirmation email you receive. Unless expressly stated otherwise, listed prices do not include charges for taxes, shipping, order handling, customs clearance or import duties.
Prices listed in our online stores may differ from those offered in physical, online or other stores 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. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion 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 information 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) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred at the listed prices, including shipping, handling and applicable taxes, if any.

SECTION 5. SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our control. Once we hand over the products to the shipping carrier, title and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, without limitation, trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and their design, selection and arrangement, are owned by Cruash Company, 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 from, publicly display, publicly perform, republish, download, store or transmit any material included in the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms grants or should be construed as granting you a license or any other right in respect of any patents, trademarks, copyrights or any other form of intellectual property of Cruash Company, Shopify or any third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Cruash Company reserves all rights not expressly granted herein.
The names, logos, product and service names, designs and slogans of Cruash Company are trademarks of Cruash Company, its affiliates or licensors. You may not use such trademarks without the prior written consent of Cruash Company. 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 on the Services are the trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be given access to third-party tools that we neither monitor nor have any control over, nor any 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 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 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 the 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 hyperlinks to websites provided or maintained by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, nor do we warrant, the accuracy of the materials or websites of any third parties that you choose to access. If you decide to 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 damage related to your access to third-party websites or your purchase or use of third-party products, services or resources. Carefully review third-party policies and practices, and be sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products or services should be directed to the third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY
Cruash Company is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase you make on our store is made directly with Cruash Company. 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 Cruash Company, including but not limited to any injury, damage or loss caused by any products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages or liability arising from or related to your purchases or transactions with Cruash Company.

SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Since 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. In order to provide the Services, information you submit to the Services will be transmitted to, and shared with, Shopify and third parties who may be located in countries other than the one in which you reside. To learn more about how we, Shopify and our partners use your personal information, please review our Privacy Policy. 

SECTION 11: FEEDBACK
If you send, upload, post, email or otherwise transmit ideas, suggestions, comments, 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 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 rights in and to your Feedback; (ii) you have disclosed any compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback will comply with these Terms. We are not, and will not be, obligated to (1) keep any Feedback confidential; (2) pay you any compensation for any Feedback; or (3) respond to any Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes 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 or otherwise unlawful, abusive or obscene material, or contain 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, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility 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 or about 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 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 or state 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, intimidate or discriminate against our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit, or knowingly receive, upload, download, use or reuse any 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 other person or entity; (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 Cruash Company, Shopify or users of the Services, or expose them to liability.
Additionally, you agree not to do any of the following: (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, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, engage in pretexting, spider, crawl or scrape; (e) interfere with or circumvent the security features of the Services, any related website, other websites or the Internet. We reserve the right to terminate your use of the Services, or any related website, for violating any of the prohibited uses.

SECTION 14: TERMINATION
We may terminate this agreement, or interrupt your access to the Services (or any part thereof), at our sole discretion, at any time, without notice, and you may remain liable for all amounts due up to and including the date of termination.
The following sections will survive 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 15: DISCLAIMER OF WARRANTIES
The information available 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 such reliance placed on such materials by you, any visitor to the Services, or by anyone who may be informed of any of its contents.
UNLESS OTHERWISE EXPRESSLY STATED BY Cruash Company, THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, 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. WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR OTHER LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16: LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Cruash Company, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF 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, 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 17: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cruash Company, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any claim, demand, loss, liability or damages, 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 they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to or use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to give prompt notice will not relieve you of your indemnification obligations except to the extent you have been materially prejudiced. We may control the defense and settlement of any 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 delayed). You agree to cooperate with any reasonable requests assisting our defense of such claim, for example by providing relevant documents.

SECTION 18: 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 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 and 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 these 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 deemed null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21: GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws of the federal, state or territorial courts of the jurisdiction in which Cruash Company is based. You and Cruash Company agree to submit to the personal and exclusive jurisdiction of such courts.

SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 23: CHANGES TO THE TERMS OF SERVICE
You may 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 as required by applicable law, and such changes will be effective 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
Any questions about the Terms of Service should be sent to us at info@cruash.com.
Our contact information is posted below:

CRUASH SMASH TO CRUNCH, S.L. - B10901445
info@cruash.com
Plaça del Centre 12, Barcelona, B, 08014, ES
+34 658 21 97 44