Terms of service

GENERAL DESCRIPTION

Welcome to The Ushuaïa Collection. In these Terms, the expressions “we,” “us,” and “our” refer to The Ushuaïa Collection, operated by MERCHASTYLE, with registered address at Av. Bartolomé Roselló, 18, 07800 Ibiza (Spain), phone +34 971 304 986, and email support@ushuaiastore.com

The Ushuaïa Collection operates this store and website, including all information, content, features, tools, products, and services (together, the “Services”). Ecommerce infrastructure is provided by Shopify.

These Terms of Service (the “Terms”), together with the policies referenced herein, govern users’ rights and obligations regarding the use of the Services.

Please read these Terms carefully, as they contain important information about your legal rights, as well as disclaimers and limitations of liability.

By accessing, browsing, interacting with, or using the Services, you fully accept these Terms and our Privacy Policy. If you do not agree with the Terms or the Privacy Policy, you must not use the Services.

ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are of legal age in your place of residence and that you consent to any minor under your responsibility using the Services on devices you own, acquire, or manage.

To access the Services, browse our online store, or make purchases, you may be asked for information such as your email address, billing address, payment method, and shipping address. You warrant that all information provided is truthful, current, and complete, and that you are entitled to provide it.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activity carried out from your account. You may not transfer, sell, assign, or license your account to third parties.

OUR PRODUCTS

At The Ushuaïa Collection, we make every reasonable effort to provide accurate product descriptions and images in our online store. However, product colors, finishes, or appearance may vary depending on the customer’s device and display settings.

We do not guarantee that products or services purchased will fully meet individual expectations or be identical in all cases to the images shown on the website.

All product descriptions, features, and availability are subject to change without prior notice, at the sole discretion of The Ushuaïa Collection. We also reserve the right to discontinue items or to limit available quantities per customer, region, or jurisdiction.

ORDERS

When you place an order through the online store, you are making an offer to purchase. The Ushuaïa Collection reserves the right to accept or reject any order at its sole discretion. An order will be considered accepted only when you receive express confirmation from The Ushuaïa Collection and after successful payment processing.

We strongly recommend reviewing your order details before final confirmation, as it may not always be possible to honor requests for changes or cancellations once processed. If an order is rejected, modified, or canceled, we will attempt to notify you via the email, billing address, or phone number provided at checkout.

All purchases are subject to our Refund Policy.

You represent and warrant that products purchased are for personal or household use only and not for resale or commercial export purposes.

PRICES AND BILLING

Prices, discounts, and promotions at The Ushuaïa Collection are subject to change without prior notice. The price applicable to your purchase will be the one in effect at the time of order confirmation and will be reflected in the confirmation email.

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

Prices displayed in our online store may differ from those offered at physical points of sale, other online stores, or platforms managed by third parties. In certain cases, we may offer special promotions subject to specific terms and conditions, which will prevail over these Terms in case of conflict.

To complete your purchases, you agree to provide current, complete, and accurate billing and payment information, and to keep it updated (including email address, billing data, and valid payment methods).

By making a purchase, you warrant that:
(i) the payment information provided is true, correct, and complete;
(ii) you are authorized to use the selected payment method;
(iii) the issuer of the payment method will honor the charges; and
(iv) you agree to pay all amounts reflected, including shipping, handling, and applicable taxes.

SHIPPING AND DELIVERY

The delivery times indicated by The Ushuaïa Collection are estimates and do not constitute a guarantee of delivery on a specific date. We are not responsible for delays caused by shipping companies, customs processes, or circumstances beyond our control.

Ownership and risk of the products transfer to the customer at the moment the order is handed over to the shipping company.

INTELLECTUAL PROPERTY

All content and materials included in The Ushuaïa Collection Services, including but not limited to trademarks, logos, trade names, designs, images, texts, product descriptions, audiovisual material, graphics, and the arrangement of such elements, are the property of The Ushuaïa Collection, its affiliates, or licensors, and are protected by national and international copyright, industrial, and intellectual property laws.

Use of the Services is granted exclusively for personal and non-commercial purposes. Reproduction, distribution, modification, creation of derivative works, public display, publication, download, storage, or transmission of any content from the Services without express written authorization from The Ushuaïa Collection is prohibited.

Nothing in these Terms shall be interpreted as granting a license or right of use over the intellectual property of The Ushuaïa Collection, Shopify, or third parties, unless expressly authorized.

The names, logos, slogans, products, and services of The Ushuaïa Collection are registered or pending trademarks and may not be used without our express written consent. Likewise, the names, logos, and trademarks of Shopify are the property of Shopify, and any other mentioned trademarks belong to their respective owners.

OPTIONAL TOOLS

As part of the Services, The Ushuaïa Collection may provide access to tools offered by third parties over which we exercise no supervision, control, or influence.

You acknowledge and agree that access to such tools is provided “as is” and “as available,” without warranties, representations, or conditions of any kind, and without endorsement by The Ushuaïa Collection. We are not liable for any damages or issues arising from your use of these optional third-party tools.

The use of these tools is at your own risk and responsibility. It is your obligation to review and accept the terms and conditions under which third parties provide such tools before using them.

In the future, we may include new functionalities or resources within the Services (including the launch of additional tools). All such new functionalities will also be subject to these Terms of Service.

THIRD-PARTY LINKS

The Services may contain links or integrations to websites and resources provided by third parties. The Ushuaïa Collection is not responsible for examining, evaluating, or guaranteeing the accuracy, timeliness, or reliability of such third-party materials or websites.

If you choose to access third-party pages through the Services, you do so at your own risk. The Ushuaïa Collection is not liable for damages or losses related to your access to third-party websites or your purchase, use, or interaction with products or services offered on such sites.

We recommend carefully reviewing the policies and conditions of third parties before carrying out any transaction. Any inquiry, claim, or dispute regarding third-party products or services must be directed to the corresponding provider.

RELATIONSHIP WITH SHOPIFY

The Ushuaïa Collection uses Shopify technology to operate its online store and provide the Services. However, all purchases and transactions made through our store are conducted directly between you and The Ushuaïa Collection.

By using the Services, you acknowledge and agree that Shopify is not responsible for any part of the commercial relationship between you and The Ushuaïa Collection, including but not limited to products, services, deliveries, returns, injuries, damages, or losses arising from your purchases.

Accordingly, you expressly release Shopify and its affiliates from any liability, claim, or damage that may arise in connection with your purchases or transactions made with The Ushuaïa Collection.

PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available on this website, and certain personal information may also be subject to Shopify’s Privacy Policy, which can be consulted here.

By using the Services, you acknowledge that you have read and accept both privacy policies.

Since the Services are hosted on Shopify, this platform collects and processes personal information related to your access and use of the Services in order to provide and improve your experience. To be able to offer you our products and services, the information you provide may be transmitted and shared with Shopify and third parties, including in countries different from where you reside.

For more details on how The Ushuaïa Collection, Shopify, and our partners handle your personal data, we encourage you to review our Privacy Policy.

COMMENTS

If you submit, upload, publish, transmit via email, or otherwise share ideas, suggestions, reviews, proposals, plans, or any other content (collectively, “Comments”), you grant The Ushuaïa Collection a perpetual, worldwide, free, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, and display such Comments in any medium and for any purpose, including commercial use.

For example, we may exercise this license to manage, optimize, promote, and improve the Services, as well as to fulfill our obligations.

You represent and warrant that:
(i) you own all necessary rights to the Comments you share,
(ii) you have disclosed any compensation or incentive received in connection with them, and
(iii) your Comments comply with these Terms.

The Ushuaïa Collection has no obligation to (1) treat your Comments as confidential, (2) compensate you for them, or (3) respond to your submissions.

We reserve the right, though not the obligation, to monitor, edit, or remove Comments we deem illegal, offensive, defamatory, obscene, fraudulent, infringing on intellectual property rights, or otherwise in violation of these Terms of Service.

The use of a false email address, impersonation, or any attempt to mislead regarding the origin of Comments is prohibited. You are solely responsible for the accuracy and truthfulness of your submissions.

ERRORS, INACCURACIES AND OMISSIONS

From time to time, the Services may contain typographical errors, inaccuracies, or omissions, including those related to product descriptions, pricing, promotions, offers, shipping costs, delivery times, or availability.

The Ushuaïa Collection reserves the right to correct any errors, inaccuracies, or omissions, as well as to change or update information or cancel orders if any information is found to be incorrect, at any time and without prior notice (even after an order has been placed).

PROHIBITED USES

Access to and use of the Services is permitted only for lawful purposes. You may not use the Services, directly or indirectly, to:

(a) engage in illegal or malicious activities,
(b) violate local, national, or international laws, rules, or regulations,
(c) infringe upon intellectual property rights of ours or others,
(d) harass, abuse, insult, defame, intimidate, or discriminate against our employees, users, or others,
(e) spread false or misleading information,
(f) upload, send, download, or reuse material that violates these Terms,
(g) send spam, chain letters, junk mail, or other unsolicited communications,
(h) impersonate another person or entity, or
(i) engage in conduct that disrupts or limits the proper use of the Services by others, or that may harm The Ushuaïa Collection, Shopify, or third parties.

You also agree not to:

  • upload or transmit viruses, malware, or harmful code,

  • reproduce, duplicate, copy, sell, resell, or exploit any part of the Services without express authorization,

  • collect or track the personal information of others,

  • engage in fraudulent activities, phishing, pharming, or scraping,

  • interfere with or bypass the security features of the Services or any related site.

The Ushuaïa Collection reserves the right to suspend, deactivate, or terminate your account and access to the Services without prior notice if we detect a breach of this clause.

TERMINATION

The Ushuaïa Collection reserves the right to terminate this agreement or suspend your access to the Services, in whole or in part, at our sole discretion and at any time, without prior notice.

In the event of termination, you will remain responsible for all amounts due up to and including the date of termination.

The following sections shall remain in effect after termination: Intellectual Property, Comments, 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 should survive termination.

DISCLAIMER OF WARRANTIES

The information available on the Services is provided for informational purposes only. The Ushuaïa Collection does not guarantee that such information is complete, accurate, or entirely reliable. Any reliance you place on this information is at your own risk.

Unless expressly stated otherwise by The Ushuaïa Collection, the Services and all products offered through them are provided “as is” and “as available,” without any warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, or non-infringement.

We do not warrant that the Services will operate uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow limitations on implied warranties, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, The Ushuaïa Collection, as well as its directors, employees, agents, contractors, service providers, partners, and licensors, and also Shopify and its affiliates, shall not be liable under any circumstances for:

  • direct or indirect damages,

  • economic losses (including profits, revenue, or savings),

  • loss of data,

  • replacement costs,

  • punitive, special, or consequential damages,

arising from the use or inability to use the Services or any product purchased through them, even if we were advised of the possibility of such damages.

This also includes any errors or omissions in the content, or any loss or damage of any kind resulting from the use of the Services or of the products made available through them.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless The Ushuaïa Collection, Shopify, and their respective affiliates, partners, officers, employees, agents, contractors, licensors, and service providers from and against any claims, losses, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from:

  • your breach of these Terms of Service or any document incorporated by reference,

  • your violation of any law or third-party rights, or

  • your misuse of the Services or products purchased.

In the event of a claim, The Ushuaïa Collection may assume the defense and resolution of the dispute at its own expense. You agree to fully cooperate in such defense by providing all necessary documentation and information.

SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be enforceable to the maximum extent permitted by law, and the remaining provisions shall remain fully valid and enforceable.

WAIVER; ENTIRE AGREEMENT

The failure of The Ushuaïa Collection 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, together with any policies or rules published on our site in connection with the Services, constitute the entire agreement and understanding between you and The Ushuaïa Collection and prevail over any prior or contemporaneous communications, proposals, or agreements, whether oral or written, between you and The Ushuaïa Collection (including prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms shall not be construed against the party who drafted them.

ASSIGNMENT

You may not transfer, assign, or delegate these Terms or any of the rights or obligations arising from them without the prior written consent of The Ushuaïa Collection. Any attempt to do so without such consent shall be null and void.

The Ushuaïa Collection may transfer, assign, or delegate these Terms, together with its rights and obligations, without your consent or prior notice.

GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with the Services shall be governed by and construed in accordance with the laws of Spain.

For any disputes arising from these Terms or the use of the Services, you and The Ushuaïa Collection expressly submit to the jurisdiction of the courts of Ibiza, Spain, waiving any other jurisdiction that may otherwise apply.

HEADINGS

The headings used in these Terms of Service are included for convenience only and shall not affect their interpretation.

CHANGES TO THE TERMS OF SERVICE

You may review the most current version of the Terms of Service at any time on this page.

The Ushuaïa Collection reserves the right, at its sole discretion, to update, modify, or replace any part of these Terms by posting updates on our website. You are responsible for reviewing this page periodically to stay informed of any modifications.

In the event of substantial changes to the Terms, we will notify you in accordance with applicable law. Such changes will take effect on the date specified in the notice.

Your continued use of the Services after the posting of modifications constitutes your acceptance of those changes.

CONTACT INFORMATION

For any questions related to these Terms of Service, you may contact us at:

The Ushuaïa Collection
support@ushuaiastore.com
Avenida Bartolomé Roselló, 18, 07800 Ibiza, Balearic Islands, Spain
Tel: +34 971 304 986
VAT ID: B57828543