Terms of service

Terms of service
These Terms and Conditions (“Terms”) govern your access to and use of the website(s), mobile experiences, and online services that link to these Terms (collectively, the “Site”) operated by Tendencias Promoda S.A.S. d/b/a PALMACEA (“Palmacea,” “we,” “us,” or “our”).
By accessing or using the Site, placing an order, or creating an account, you agree to be bound by these Terms and our Privacy Policy and Cookies Policy (collectively, the “Agreement”). If you do not agree, do not use the Site.

1. Eligibility
You must be at least the age of majority in your place of residence and have legal capacity to contract. If you use the Site on behalf of a company, you represent that you are authorized to bind that entity.

2. Account Registration and Security
You may need an account to use certain features or place orders. Keep your login credentials confidential; you are responsible for all activities under your account. Promptly notify us of any unauthorized use or security breach. We recommend changing your password periodically.

3. Offers, Orders, and Acceptance
Product listings on the Site are invitations to make an offer. By submitting an order, you make an offer to purchase the products selected under these Terms. We may accept or reject any order at our discretion, including after order submission, for reasons such as product unavailability, address or payment issues, suspected fraud, or pricing/stock errors.
Acceptance occurs when we dispatch the product(s) or otherwise confirm acceptance in writing (e.g., order confirmation email). We will provide an order number for tracking.

4. Pricing, Taxes, and Duties
Prices may change at any time prior to acceptance. The final price at checkout will include the product price and any applicable shipping charges, taxes, and fees.

For international deliveries, all import duties, customs duties, tariffs, value-added taxes (VAT), and any other governmental charges imposed by the destination country are the sole responsibility of the customer. These charges are not included in the product price or shipping cost unless explicitly stated at checkout.

5. Payment
You authorize us (and our payment processors) to charge your selected payment method for the full order amount. We use secure payment gateways but are not responsible for interruptions or errors caused by banks or payment processors. If payment is not successfully received, we may cancel the order.

6. Shipping & Delivery
We ship to the locations indicated at checkout. Delivery times shown are estimates and are not guaranteed; delays may occur due to carrier issues, customs processing, or events beyond our control (e.g., strikes, natural disasters).
Risk of loss and title transfer to you upon our delivery of the goods to the carrier (Incoterm-style “ex-works/carrier”). Inspect packages on receipt and refuse delivery if the outer packaging is severely damaged; otherwise note the damage with the carrier and contact us promptly.

7. Returns & Exchanges (Summary)
Please refer to our Return & Exchange Policy for full details, including eligibility, timelines, and how to initiate a return or exchange. Where required by law, your statutory rights remain unaffected.

8. Product Information; Colors; Availability
We strive to display product information, descriptions, and colors accurately. Actual colors depend on your device settings, and we cannot guarantee exact matches. Products, specifications, and prices may change or be discontinued without notice.

9. User Content (Reviews & Comments)
If you submit reviews, comments, photos, or other content (“User Content”), you grant Palmacea a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, publish, translate, distribute, and display such User Content in any media for marketing and operational purposes. We may moderate or remove User Content at our discretion. You are responsible for your User Content and warrant that it is lawful, respectful, and non-infringing.

10. Acceptable Use
You agree not to misuse the Site, including by: introducing malware; scraping or using robots/spiders without permission; attempting to access accounts or systems without authorization; overloading or interfering with the Site; sending spam; or using the Site for unlawful purposes.

11. Intellectual Property
All content on the Site (including text, graphics, logos, photographs, videos, and software) is owned by or licensed to Palmacea and is protected by intellectual-property laws. PALMACEA and associated marks are trademarks of Tendencias Promoda S.A.S. All rights not expressly granted are reserved. You may view the Site for personal, non-commercial use only and may not copy, modify, create derivative works, distribute, or publicly display Site content without our prior written permission.

12. Third-Party Links and Services
The Site may contain links to third-party websites or services that we do not control. We are not responsible for their content, policies, or practices. Your use of third-party services is at your own risk.

13. Compliance, Sanctions & AML Representations
You represent that the funds used to purchase products are from lawful sources and that you are not located in, or ordinarily resident of, any country or on any list subject to comprehensive trade sanctions, and you will not use the products in violation of applicable export, sanctions, or anti-money-laundering laws.

14. Limited Warranties; Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, PRODUCTS, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted, secure, or error-free, or that defects will be corrected.

15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PALMACEA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION; OR COSTS OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO THE SITE, PRODUCTS, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT LIABILITY CANNOT BE EXCLUDED, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT.

16. Indemnification
You agree to indemnify and hold Palmacea harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, your misuse of the Site, or your violation of any law or third-party right.

17. Governing Law; Dispute Resolution (U.S.-Standard)
Governing Law. These Terms are governed by the laws of the State of [Choose: Florida / New York / California], without regard to its conflict-of-laws rules, and by applicable U.S. federal law.
Binding Arbitration & Class-Action Waiver. Any dispute or claim arising out of or relating to the Agreement or your use of the Site or products will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You and Palmacea waive any right to a jury trial and to participate in a class action. Arbitration will occur in [Miami, FL / New York, NY], in English. This section does not limit either party’s right to seek injunctive or other equitable relief in a court for the protection of intellectual-property or confidential-information rights.
Opt-Out. You may opt out of arbitration within 30 days of first agreeing to these Terms by sending a written notice to legal@[your-domain].com with your full name and order information.

18. Force Majeure
We are not responsible for delays or failures caused by events beyond our reasonable control, including acts of God, labor disputes, governmental actions, wars, pandemics, or failures of third-party networks or carriers.

19. Changes to the Site and to These Terms
We may modify the Site, products, and these Terms from time to time. Changes will be effective when posted, with the “Last Updated” date revised. Your continued use of the Site after changes are posted constitutes acceptance.

20. Severability; Headings; Entire Agreement
If any provision is found invalid or unenforceable, the remaining provisions will remain in full force. Headings are for convenience only. These Terms, together with our Privacy Policy, Cookies Policy, and any order confirmation, constitute the entire agreement between you and Palmacea regarding the Site and products.

21. Contact Us
Questions or concerns?
Customer Support: info@palmacea.com.co
Legal Notices: info@palmacea.com.co
Operating Entity: Tendencias Promoda S.A.S., based in Bogotá, Colombia.