Terms of service

GENERAL INFORMATION

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

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 warranties, 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 [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are at least the legal 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.

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, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and all activity under 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 as accurately as possible in our online store. However, please note that product colors or appearance may differ from how they appear on your screen depending on the device you use and its settings.

We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or exactly match how it appears in our online store.

All product descriptions may be modified at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of any product offered 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. Cativa reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Cativa confirms acceptance. We must receive and process your payment before accepting your order.

You should carefully review your order before submitting it, as cancellation requests may not be possible once the 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 phone number provided at the time the order was placed.

Returns or exchanges may only be made in accordance with our Refund Policy [LINK].

You represent and warrant that your purchase is for personal or household use only and not for 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 stated in your order confirmation email.

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

Prices listed in our online store may differ from prices offered elsewhere, including physical stores or third-party platforms.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You represent and warrant that:
(i) the credit card information you provide is true, accurate, and complete;
(ii) you are authorized to use the payment method provided;
(iii) charges incurred will be honored by your payment provider;
(iv) you will pay all applicable charges, including shipping, handling, and 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 liable for delays caused by shipping carriers, customs processing, or events beyond our control.

Once products are transferred to the shipping carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brand names, text, graphics, images, product reviews, videos, audio, and their design, selection, and arrangement, are owned by Cativa, its affiliates, or licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

These Terms permit you to use the Services only for personal, non-commercial use.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Nothing in these Terms grants you any license or rights under any intellectual property owned by Cativa, Shopify, or any third party.

Unauthorized use may violate intellectual property laws.

All rights not expressly granted are reserved.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools that we neither monitor nor control.

You acknowledge that such tools are provided “as is” and “as available” without warranties or conditions of any kind.

Any use of optional tools is entirely at your own risk and discretion.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to third-party websites or content.

We are not responsible for evaluating or guaranteeing the accuracy of third-party content.

Accessing third-party sites is at your own risk.

We are not liable for damages related to purchases or use of third-party services.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Cativa operates using Shopify technology.

However, any sale or purchase made through our store is directly between you and Cativa.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Cativa.

You expressly release Shopify and its affiliates from any claims arising from transactions with Cativa.

SECTION 10 - PRIVACY POLICY

All personal information collected through the Services is governed by our Privacy Policy [LINK].

Because the Services are hosted by Shopify, Shopify also collects and processes information to provide and improve the Services.

SECTION 11 - COMMENTS

If you submit suggestions, reviews, comments, or other content, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and display such content.

You represent that your comments do not violate third-party rights or applicable laws.

We may remove comments at our sole discretion.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability.

We reserve the right to correct such errors and cancel orders if necessary.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services:
for illegal activities;
to violate laws;
to infringe intellectual property;
to harass or harm others;
to submit false information;
to distribute malware;
to spam;
to scrape data;
to impersonate others;
or to interfere with security features.

We reserve the right to terminate your access if you violate these Terms.

SECTION 14 - AGENTS

If you use automated agents, bots, or AI systems to access the Services, they must clearly identify themselves and comply with our technical requirements.

We may restrict or block automated access.

SECTION 15 - TERMINATION

We may terminate your access to the Services at any time without notice.

You remain liable for all amounts owed up to termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE DO NOT GUARANTEE UNINTERRUPTED, SECURE, OR ERROR-FREE SERVICE.

SECTION 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CATIVA, ITS AFFILIATES, EMPLOYEES, PARTNERS, LICENSORS, SERVICE PROVIDERS, AND SHOPIFY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR DATA.

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold harmless Cativa, Shopify, affiliates, employees, contractors, and partners from claims arising from your violation of these Terms or misuse of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.

SECTION 20 - ENTIRE AGREEMENT

These Terms and related policies constitute the entire agreement between you and Cativa.

SECTION 21 - ASSIGNMENT

You may not assign your rights under these Terms without our written consent.

We may assign our rights without notice.

SECTION 22 - GOVERNING LAW

These Terms shall be governed by the laws of the jurisdiction where Cativa is based.

SECTION 23 - HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 24 - CHANGES TO TERMS

We may update these Terms at any time by posting changes on our website.

Continued use of the Services constitutes acceptance of updated Terms.

SECTION 25 - CONTACT INFORMATION

Questions regarding these Terms should be sent to:

thecativasoul@use.startmail.com