Terms of service

 

GENERAL INFORMATION 

Welcome to Orquídea! The terms “we”, “us” and “our” refer to PERLAS ORQUIDEA S.A.

Orquídea (orquideapearls.com) operates this store and website, including all related information, content, features, tools, products and services, in order to offer you, the customer, a select shopping experience (the “Services”). Our store is powered by Shopify technology, which enables us to offer you the Services.

The following terms and conditions, together with any policy referred to in this document (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty, disclaimer of liability and limitation 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 with these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT 

By accepting these Terms of Service, you declare that you are at least the legal age in your state or province of residence and that you have given us your consent to allow any of your minor dependants to use the Services on the devices 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 asked to provide certain information, such as your email address, billing, payment and shipping information. You declare and warrant that all the information you provide in our store is correct, up to date 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, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS 

We have made every effort to display our products and services accurately in our online store. However, please note that the colours or appearance of the product may differ from how they are displayed 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 product or service you purchase will meet your expectations or be the same as displayed or presented in our online stores. All product descriptions may be modified at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and we may limit the quantities of any product we offer to any person, geographic region or jurisdiction, individually.

SECTION 3 - ORDERS 

When you place an order, you are making an offer to purchase. PERLAS ORQUIDEA S.A. reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until PERLAS ORQUIDEA S.A. confirms that it accepts it. We must receive and process your payment before accepting your order.

You must review your orders carefully before completing the purchase, as PERLAS ORQUIDEA S.A. may not be able to process a cancellation request after an order has been accepted. In the event that we do not accept, change or cancel an order, we will try to notify you by contacting you via the email address, billing address or telephone number you provided at the time the order was placed.

You may return or exchange your purchase only in accordance with our Returns Policy. You declare and warrant that your purchase is for your 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 prior notice. The price charged for a product or service will be the price in force at the time the order is placed and will be indicated in the order confirmation sent to you by email.

Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs or import charges. The prices published in our online stores may differ from the prices offered in the physical store or in the online store or other stores operated by third parties.

From time to time we may offer promotions on the Services that may affect pricing strategies and that are governed by terms and conditions differing from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transaction and contact you as necessary.

You declare and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorised to use that credit card for the purchase, (iii) the charges you incur will be accepted by your credit card company, and (iv) you will pay the charges you incur at the published prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY 

We are not responsible for any delay in shipping and delivery. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by the carrier, customs procedures or events beyond our control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY 

Our Services, including but not limited to all registered trademarks, brands, texts, samples, images, graphics, product reviews, videos and audio, and their design, selection and arrangement, are the property of PERLAS ORQUIDEA S.A., its affiliate or licensor and are protected by US and foreign patents, copyright and other intellectual property laws.

These Terms allow you to use the Services solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.

Except as expressly provided in this document, nothing in these Terms grants or will be construed as granting you a licence or other rights under any patent, trademark, copyright or other intellectual property of PERLAS ORQUIDEA S.A., Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by PERLAS ORQUIDEA S.A.

The names, logos, product and service names, designs and slogans of PERLAS ORQUIDEA S.A. are registered trademarks of PERLAS ORQUIDEA S.A. or its affiliate or licensor. You must not use such trademark without the prior written permission of PERLAS ORQUIDEA S.A. 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 on the Services are registered trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS 

You may be given access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over or input into. 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 any endorsement.

We will have no liability whatsoever arising out of or relating to your use of the optional third-party tools. Any use you make of the optional tools offered through the site is entirely at your own risk, as well as at your sole discretion, and you must make sure you are familiar with and approve of the terms under 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 launch of new tools and resources). These new features will also be considered 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 functionality embedded by third parties). We are not responsible for examining or evaluating the content or accuracy of any third-party material or website that you choose to access.

If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk. We will not be liable for any damage or harm relating to your access to any third-party website, or your purchase or use of any product, service, resource or content on any third-party website. Please review the third party's policies and practices carefully and make sure you understand them before carrying out any transaction. Complaints, claims, doubts or questions about third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY 

www.orquideapearls.com is powered by Shopify technology, which enables us to offer you the Services. However, any sale or purchase you make in our store is made directly with PERLAS ORQUIDEA S.A.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and PERLAS ORQUIDEA S.A., including any injury, damage or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising out of or relating to your purchase and transaction with PERLAS ORQUIDEA S.A.

SECTION 10 - PRIVACY POLICY 

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. 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 our Services. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in a country other than where you reside, in order to provide you with the services.

SECTION 11 - COMMENTS 

If you submit, upload, publish, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively called “comment”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display that comment in any medium for any purpose, including commercial use.

We may, for example, use our rights under this licence to operate, provide, evaluate, improve, optimise and promote the Services and to fulfil our obligations and exercise our rights in accordance with the Terms of Service. You also declare and warrant that: (i) you own or have all the necessary rights to all comments; (ii) you have disclosed any compensation or incentive received in connection with the submission of your comment; and (iii) your comment complies with these Terms.

We have no and will have no obligation (1) to keep your comment confidential; (2) to pay compensation for your comment; or (3) to respond to your comment. We may, but are not obliged to, monitor, edit or delete comments that we determine, at our sole discretion, to be illegal, offensive, threatening, slanderous, defamatory, pornographic, obscene or otherwise unacceptable, or that infringe any party's intellectual property or these Terms of Service.

You agree that your comment will not infringe any right of any third party. You also agree that your comment will not contain defamatory or unlawful, abusive or obscene remarks, nor will it contain malware that could affect the operation of the Services. You may not use a false email address or mislead us or third parties as to the origin of any comment. You are solely responsible for any comment you make.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information about or on the Services that contains typographical errors, inaccuracies or omissions that may relate to the product description, pricing strategies, promotions, offers, product shipping charges, transit time and availability. We reserve the right to correct any error, inaccuracy or omission and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice.

SECTION 13 - PROHIBITED USES 

You may access and use the Services solely for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to breach any regulation, rule or law; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm or defame; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload or use material that does not comply with these Terms; (g) to transmit spam or junk mail; (h) to impersonate any other person or entity; or (i) to engage in any other conduct that restricts the enjoyment of the Services or that may harm PERLAS ORQUIDEA S.A., Shopify or the users of the Services.

In addition, you agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell or exploit the Services; (c) collect personal information from others; (d) phish or pharm; (e) use robots, scraping, AI tools (such as agentic AI) or automated means to access the Services; or (f) interfere with security features. We reserve the right to suspend or cancel your account without prior notice if we determine that you have breached 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 Service. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of any person or entity. 

14.2 No Agent may access, use or interact with the Services unless it identifies itself and operates in strict accordance with the requirements of section 14.4. In addition, it may not interact if we have requested that it refrain from doing so. 

14.3 We may limit, including by applying technical measures, the access and interaction of any Agent. 

14.4 Agents must: (i) identify that the request comes from an Agent in the user-agent field; (ii) not conceal that the interaction comes from an Agent (for example, by imitating humans or circumventing CAPTCHAs); (iii) respond truthfully to security checks; (iv) not circumvent measures intended to control Agents.

SECTION 15 - TERMINATION 

We may terminate this agreement or your access to the Services at our sole discretion at any time without prior notice, and you will remain liable for all amounts owed up to and including the termination date. The following sections will continue to apply after any termination: Intellectual property, Comments, Termination, Disclaimer of Warranties, Limitation of liability, Indemnification, Severability, Waiver, Entire agreement, Assignment, Applicable law and Privacy Policy.

SECTION 16 - DISCLAIMER OF WARRANTIES 

The information presented through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance placed on it is at your own risk. UNLESS EXPRESSLY STATED BY PERLAS ORQUIDEA S.A., THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT THE EXCLUSION OF LIABILITY, SO THIS MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PERLAS ORQUIDEA S.A., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR LICENSORS, OR THOSE OF SHOPIFY, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOSS OF PROFITS OR DATA) ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED, OR FROM ANY OTHER RELATED CLAIM, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless PERLAS ORQUIDEA S.A., Shopify and our affiliates, employees, agents and suppliers from any loss, damage, liability or claim (including attorneys' fees) payable to third parties due to (1) your breach of these Terms, (2) your violation of the law or of a third party's rights, or (3) your access to and use of the Services.

SECTION 19 - SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable part will be deemed severed without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT 

Our failure to exercise or enforce any right or provision will not constitute a waiver of it. These Terms of Service constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreement. Any ambiguity in interpretation will not be construed against the drafting party.

SECTION 21 - ASSIGNMENT 

You may not delegate, transfer or assign this agreement or your rights or obligations without our prior written consent. We may transfer, assign or delegate these Terms without your consent.

SECTION 22 - APPLICABLE LAW 

These Terms of Service will be governed by and construed in accordance with the courts of the jurisdiction where PERLAS ORQUIDEA S.A. has its registered office. You and PERLAS ORQUIDEA S.A. accept the jurisdiction and personal competence of those courts.

SECTION 23 - HEADINGS 

The headings used in this agreement are included solely for your convenience and will not limit or affect these Terms.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE 

You may review the most up-to-date version at any time on this page. We reserve the right to update, change or replace any part of these Terms by publishing the changes on our website. It is your responsibility to review our website periodically. Your continued use of or access to the Services after the publication of any change constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to info@perlasorquidea.com. Our contact information is set out below:

• Trade Name / Registered Name: PERLAS ORQUIDEA S.A.

• Email: customerservice@orquideapearls.com

• Business Address: Carretera Manacor Km 30, 07230 Montuïri, Illes Balears (Spain)

• Telephone Number: +34 971 644 144

• Commercial Registry: Commercial Registry of Palma de Mallorca, Volume 2188, Folio 225, Sheet PM 2841

• Tax ID (CIF / NIF): A-07039993