Terms of service

GENERAL OVERVIEW
Welcome to Matcha Colors.

Identification. This store and its Services are operated by Matcha Colors Tea, S.L. (trading name «Matcha Colors»), with CIF B67545897, registered address at C/ Roger de Flor 93, 08013 Barcelona (Spain), email info@matchacolors.com and telephone +34 623 044 717.

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

The following terms and conditions, and all the policies cited 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 our Services, interacting with them or using them, you agree to comply with these Terms of Service and our Privacy Policy. If you do not accept 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 in your care to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing our online stores, browsing them or purchasing any product or service we offer, you may be asked for certain data, such as your email address, your billing address, your payment method and your shipping address. You represent and warrant that all the 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 account activity. You may not transfer, sell or assign your account to another person, nor grant licences linked to that account.

SECTION 2: OUR PRODUCTS
We have made every possible effort to provide an accurate representation of our products and services in our online stores. However, you should be aware that the colours or appearance of the product may differ from how they look 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 the products or services you purchase will meet your expectations or be identical to those shown in our online stores.
All product descriptions are subject to change at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of the products we offer to any person, geographic region or jurisdiction as the case may be.

SECTION 3: ORDERS
When you place an order, you make an offer to purchase. Matcha Colors reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Matcha Colors confirms acceptance. We must receive and process your payment for your order to be accepted. Please review your order thoroughly before shipment, as Matcha Colors may not be able to accommodate cancellation requests once an order has been accepted. In the event that we do not accept, modify in any way or cancel an order, we will attempt to notify you by the email, billing address or telephone number provided when placing the order.
Your purchases are subject to returns or exchange only in accordance with our Refund Policy.
You represent and warrant that your purchases are solely for personal or domestic use and not for resale or export for commercial purposes.

SECTION 4: PRICES AND BILLING
Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service will be the one 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, published prices do not include charges for taxes, shipping, order handling, customs clearance or import.
The prices published in our online stores may differ from those offered in physical, online or other stores managed by third parties. From time to time, we may offer promotions for the Services that may affect prices and are governed by terms and conditions distinct 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 information about purchases, payments and accounts. You agree to promptly update your account information and other aspects, such as your email address and the numbers and expiry dates of your credit cards, so that we can complete your transactions and contact you as necessary.
You represent and warrant that (i) the credit card information you provided is true, correct and complete; that (ii) you have due authorisation to use that credit card for the purchase; that (iii) the company of your credit card will cover the charges incurred by you; and that (iv) you will pay the charges incurred at the published prices, including shipping charges, order handling and applicable taxes, if any.

SECTION 5. SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are subject to estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our 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, registered trademarks, marks, text, samples, images, graphics, product reviews, video and audio, and the design, selection and arrangement of these, are the property of Matcha Colors, its affiliates or licensors and are protected by United States and foreign laws on copyright and intellectual property of other kinds.
These terms allow you to use the Services solely for personal and non-commercial purposes. You must not reproduce, distribute, modify, copy into derivative works, publicly display, include in public demonstrations, republish, download, store or transmit the material included in the Services without our prior written consent. Unless expressly stated in this document, no section of these Terms grants nor should be interpreted as an indication of the granting of a licence or any other right to you with respect to patents, registered trademarks, copyright or any other form of intellectual property of Matcha Colors, Shopify or third parties. Unauthorised use of the Services may constitute a violation of Spanish and European Union legislation on intellectual and industrial property. Matcha Colors reserves all rights not expressly granted in this document.
The names, logos, product and service names, designs and slogans of Matcha Colors are registered trademarks of Matcha Colors, its affiliates or its licensors. You must not use these registered trademarks without the prior written consent of Matcha Colors. The name, logo, product and service names, designs and slogans of Shopify are registered trademarks of Shopify. All other names, logos, product and service names, designs and slogans in the Services are registered trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be given access to customer tools offered by third parties over which we exercise no supervision, control or collaboration.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind, and without endorsement. We will not assume liability arising from your use of the optional third-party tools.
At your sole discretion, you will assume the risk for your use of the optional third-party tools offered through the site, and you must ensure that you know and approve the terms under which the third-party providers offer the tools.
In the future, we may also offer new features through the Services (including the launch of new tools and resources). These new features should also be considered as part of the Services and will 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 any embedded third-party functionality). We are not responsible for examining or evaluating, nor for the accuracy of, the materials or websites of third parties that you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own account and risk.
We are not responsible for any harm or damage related to your access to third-party websites nor to the purchase or use of products, services, resources of third-party websites that you carry out. Please review third-party policies and practices carefully, and make sure you understand them before carrying out any transaction. Complaints, claims, concerns or questions related to third-party products and services should be directed to those third parties.

SECTION 9: RELATIONSHIP WITH SHOPIFY
Matcha Colors is powered by Shopify technology, which enables us to provide you with the Services. However, any sale and purchase you make in our store is made directly with Matcha Colors. 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 Matcha Colors, which includes injuries, damages or losses caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising from or related to your purchases and transactions with Matcha Colors.

SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be consulted here, and certain personal information may be subject to Shopify's Privacy Policy, which can be consulted 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 linked to your access to the Services and your use of them in order to provide and improve the Services for you. For the purpose of providing you with services, the information you submit to the Services will be transmitted to Shopify and to the third parties who may be located in countries in which you do not reside, and will be shared with them. To obtain more information about how we, Shopify and our partners use your personal information, please review our Privacy Policy.

SECTION 11: FEEDBACK
If you submit, upload, publish, communicate by email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively, the "Feedback"), you grant us a perpetual, international, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use. For example, we may make use of our rights under this licence to operate, provide, evaluate, optimise, improve and promote the Services, and to comply with our obligations and enforce our rights under the Terms of Service.
You also represent and warrant that: (i) you own all the rights necessary for all the Feedback; (ii) you disclosed any compensation or incentive received in connection with your submission of the Feedback; and (iii) your Feedback will comply with these Terms. We have not and will not have the obligation to (1) keep your Feedback confidential; (2) provide compensation for your Feedback; or (3) respond to your Feedback.
We may, without any obligation to do so, monitor, edit or delete Feedback that, at our sole discretion, we determine to be illegal, offensive, threatening, slanderous, defamatory, pornographic, obscene or otherwise objectionable, or that constitutes a violation of the intellectual property of any party or of these Terms of Service.
You agree that your Feedback will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or property rights. You also agree that your Feedback will not contain slanderous remarks nor illegal, abusive or obscene remarks, nor computer viruses or other malware that could in any way affect the functioning of the Services or any related website. You may not use a false email address, impersonate another person nor mislead, both in our case and in that of third parties, regarding the origin of the Feedback. You are solely responsible for any Feedback you make and for its accuracy. We are not responsible for Feedback published by you or by third parties.

SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information about the Services or on them that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any error, inaccuracy or omission and to change or update information or cancel orders in the event of any inaccuracy in the information, at any time, without prior notice (even after you have placed your order).

SECTION 13: PROHIBITED USES
You may access and use the Services solely for lawful purposes. You may not access the Services nor use them, directly or indirectly: (a) for illegal or malicious purposes; (b) to violate international, federal, provincial or state local regulations, laws or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or another person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of "junk mail", "chain messages", "spam" or any other similar content; (h) to usurp the identity of any other person or entity, or attempt to do so; (i) to engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by anyone or that, as we determine, may harm Matcha Colors, Shopify or users of the Services, or expose them to liability.
In turn, you agree not to do the following: (a) upload or transmit viruses or any other type of malicious code that is used or could be used in any way to affect the functionality or provision 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, practise phishing, commit pharmaceutical fraud, practise fraudulent framing, commit spider crimes, or carry out web crawling or scraping; nor (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 close your account at any time without prior notice if we determine that you have violated any part of these Terms.

SECTION 14: TERMINATION
We may terminate this agreement or discontinue your access to the Services (or to any part of them) at our sole discretion at any time without prior notice, and your liability for all amounts owed up to and including the date of termination may remain in force.
The following sections will continue in force after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision that by its nature persists after termination.

SECTION 15: DISCLAIMER OF WARRANTIES
The information presented in the Services or through them is made available solely for general information. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on this information is at your own account and risk. We reject all liability arising from the reliance placed on such materials by you or by any visitor with respect to the Services, or by any person who may be aware of their content.
UNLESS Matcha Colors EXPRESSLY STATES OTHERWISE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR USE BY YOU, WITHOUT REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR REPRESENT THAT YOU WILL BE ABLE TO MAKE USE OF THE SERVICES IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER. IN SOME JURISDICTIONS THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHERWISE IS LIMITED OR NOT PERMITTED, WHICH IS WHY THIS DISCLAIMER MAY NOT APPLY IN YOUR CASE.

SECTION 16: LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL Matcha Colors, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATE EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS NOR THOSE OF SHOPIFY AND ITS AFFILIATES HAVE LIABILITY FOR INJURIES, LOSSES, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSSES OF PROFITS, LOSSES OF INCOME, LOSSES OF SAVINGS, LOSSES OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACTS, TORTS (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF THE SERVICES, NOR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR OF ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERROR OR DAMAGE OF ANY KIND AS A RESULT OF THE USE OF THE SERVICES OR OF ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICES, EVEN WITH WARNING ABOUT THE POSSIBILITY OF ITS OCCURRENCE.

SECTION 17: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Matcha Colors, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against any loss, damage, liability or claim, including the cost of reasonable attorney's fees, payable to any third party as a consequence of (1) your breach of these Terms of Service or of the documents they incorporate by reference, (2) the violation of any law or right of third parties, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, with the consideration that the inability to make the notification promptly will not release you from your obligations unless you have suffered significant damage. We may control the defence and resolution of such a claim at your expense, including the choice of attorney, but we will not resolve claims that impose non-monetary obligations on you without your consent (without unjustified delay). You will collaborate in the defence of claims subject to indemnification, for example, by providing relevant documents.

SECTION 18: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be illegal, void or unenforceable, that provision shall be applicable to the extent permitted by applicable legislation and the inapplicable section shall be considered severable from these Terms of Service; such a determination will not affect the validity or applicability of any other provision.

SECTION 19: WAIVER; ENTIRE AGREEMENT
The fact that we do not exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service and the policies or operating rules that we publish on this site or with respect to the Service constitute in their entirety the agreement and understanding between you and us, govern your use of the Service and prevail over any prior or present agreement, communication and proposal, in oral or written format, between you and us (including, but not limited to, any prior version of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be interpreted against the interests of the party that drafted the document.

SECTION 20: ASSIGNMENT
You may not delegate, transfer or assign this Agreement nor your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be considered null and void. We may transfer, assign or delegate these Terms together with the rights and obligations that correspond to us without your consent or notice to you.

SECTION 21: GOVERNING LAW
These Terms of Service and the separate agreements through which we provide you with Services shall be governed by and interpreted under Spanish and European Union legislation. For the resolution of any dispute, the parties will submit to the Courts and Tribunals of the consumer's domicile when the customer acts as a consumer and, in all other cases, to the Courts and Tribunals of the city of Barcelona (Spain). You and Matcha Colors express submission to the jurisdiction of those courts.

SECTION 22: HEADINGS
The headings used in this agreement are included solely for practical purposes and will 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, modify or replace any part of these Terms of Service by publishing updates and modifications on our website. You have the responsibility to visit our website periodically to learn about the modifications. We will notify you about any substantial modification in these Terms in accordance with applicable legislation and those modifications will enter into force as of the date specified in the notification. Your continued use of or access to the Services after the publication of any modification of these Terms of Service implies acceptance of those modifications.

SECTION 24: CONTACT INFORMATION
You must send us any questions about the Terms of Service to info@matchacolors.com.
Our contact information is published below:
Patricia - patricia@matchacolors.com or info@matchacolors.com
+34 623 044 717 
B67545897 
ESB67545897

RIGHT OF WITHDRAWAL. If you act as a consumer, you have 14 calendar days from receipt of the order to withdraw from your purchase without justification, in accordance with Real Decreto Legislativo 1/2007 (TRLGDCU). To exercise it, write to us at info@matchacolors.com before the deadline expires; we will refund you within a maximum of 14 days by the same means of payment. For reasons of hygiene and health protection, sealed food products that have been opened after delivery are excluded from withdrawal (art. 103 TRLGDCU).

Online dispute resolution. The European Commission offers an online dispute resolution platform available at https://ec.europa.eu/consumers/odr.