Terms of service

 

OVERVIEW

Welcome to Rydercases. The terms “we”, “us” and “our” refer to Rydercases. Rydercases operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Rydercases is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, 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 contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, 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 should 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 the state or province where you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase or manage.

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 address, payment information and shipping address.

You represent and warrant that all information you provide through our stores is accurate, 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 to another person, nor may you grant licenses associated with your account.

SECTION 2: OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of a product may differ from how they appear on your screen due to 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 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 we offer to any person, geographic region or jurisdiction on a case-by-case basis.


SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. Rydercases reserves the right to accept or reject your order for any reason at its sole discretion.

Your order will not be accepted until Rydercases confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Rydercases may not be able 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 when the order was placed.

Your purchases are subject to returns or exchanges only in accordance with our Refund Policy.

You represent and warrant that your purchases are solely for personal or household use and not for resale or commercial export.


SECTION 4: PRICES 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 stated in your order confirmation email.

Unless expressly stated otherwise, published prices do not include taxes, shipping charges, handling fees, customs duties or import charges where applicable.

Prices published in our online stores may differ from those offered in physical stores, online stores or other channels operated by third parties.

From time to time, we may offer promotions that may affect pricing and that 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 through our stores, you agree to provide current, complete and accurate purchase, payment and account information. You agree to promptly update your account and other information, including your email address and credit card details and expiration dates, so that we can complete your transactions and contact you as necessary.

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 all charges incurred at the posted prices, including applicable shipping charges, handling fees and 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 carriers, customs processing or events beyond our reasonable control.

Once we deliver the products to the carrier, title and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Rydercases, its affiliates or licensors and are protected by United States and foreign copyright, trademark 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, download, store or transmit any material included in the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other right under any patent, trademark, copyright or other intellectual property rights of Rydercases, Shopify or any third party.

Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Rydercases reserves all rights not expressly granted herein.

The Rydercases name, logo, product and service names, designs and slogans are trademarks of Rydercases, its affiliates or licensors. You must not use such trademarks without the prior written permission of Rydercases.

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 appearing within the Services are trademarks of their respective owners.


SECTION 7: OPTIONAL TOOLS

As part of the Services, you may be provided with access to third-party customer tools 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 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 the terms on which 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 considered part of the Services and shall 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 the content or accuracy of any third-party materials or websites that you choose to access.

If you decide to leave the Services to access 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 third-party websites or your purchase or use of any products, services, resources or content from third-party websites.

Please review third parties’ policies and practices carefully 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 relevant third party.


SECTION 9: RELATIONSHIP WITH SHOPIFY

Rydercases is powered by Shopify, which enables us to provide the Services.

However, any sales and purchases made through our store are made directly between you and Rydercases.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Rydercases, including any injury, damage or loss caused by the products and services purchased.

You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Rydercases.


SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by 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.

Information that you submit to the Services may be transmitted to Shopify and to third parties that may be located in countries other than the country in which you reside and may be shared with them.

SECTION 11: FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, proposals, plans or other materials (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 for any purpose, including commercial purposes.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback.

You represent and warrant that you own or have all necessary rights to any Feedback you submit and that such Feedback does not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.


SECTION 12: ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on or within 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 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 use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any applicable international, national, regional, provincial or local law, regulation or ordinance;

(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, intimidate or discriminate against any person based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;

(e) to submit false or misleading information;

(f) to send, 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 advertising or promotional material, including junk mail, chain letters, spam or any similar solicitation;

(h) to impersonate or attempt to impersonate any person or entity;

(i) to engage in any conduct that restricts or inhibits another person’s use or enjoyment of the Services, or that may harm Rydercases, Shopify or users of the Services;

(j) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;

(k) to collect or track the personal information of others;

(l) to spam, phish, pharm, pretext, spider, crawl or scrape;

(m) to 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 or terminate your account at any time, without notice, if we determine that you have violated any provision of these Terms.


SECTION 14: TERMINATION

We may terminate this agreement or your access to the Services, in whole or in part, at our sole discretion and without prior notice.

You will remain responsible for all amounts due up to and including the date of termination.

The provisions of these Terms that by their nature should survive termination shall survive, including provisions relating to intellectual property, Feedback, termination, warranty disclaimers, limitation of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy and any other provisions that by their 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.

Except as expressly stated by Rydercases, the Services and all products offered through the Services are provided “as is” and “as available”, without any representation, warranty or condition of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

We do not warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on statutory consumer rights, so some or all of the above exclusions may not apply to you.

SECTION 16: LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall Rydercases, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or 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 similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any products purchased through the Services.

This limitation also applies to any other claim related in any way to your use of the Services or any product, including errors or omissions in content, or any loss or damage incurred as a result of the use of the Services or any content or product posted, transmitted or otherwise made available through the Services.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.


SECTION 17: INDEMNIFICATION

You agree to indemnify, defend and hold harmless Rydercases, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable legal fees, arising out of or relating to:

(a) your breach of these Terms of Service or any documents incorporated by reference;

(b) your violation of any applicable law or the rights of a third party; or

(c) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced by such failure.

We may control the defense and settlement of any such claim at your expense, including the selection of legal counsel, but we will not agree to any settlement that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld.

You agree to cooperate in the defense of any indemnified claim, including by providing relevant documents.


SECTION 18: SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any 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 to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services.

They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.


SECTION 20: ASSIGNMENT

You may not assign, transfer or delegate these Terms or any of your rights or obligations under these Terms without our prior written consent.

We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21: GOVERNING LAW

These Terms are governed by Spanish law.

For any dispute, the parties submit to the Courts and Tribunals of Alicante, Spain, the jurisdiction corresponding to KM Exclusivas Plásticas, S.L.


SECTION 22: 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 on our website.


SECTION 23: CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at store@rydercases.com.

Our contact information is:

KM Exclusivas Plásticas, S.L.
Trade name: Rydercases
Email: store@rydercases.com