Terms of service

OVERVIEW

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

The terms and conditions below, together with any policies referenced herein (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 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. 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 agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and 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 store 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 represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the type of device you use, your screen settings, and other factors.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products that we offer 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. The Real Mucho Burro reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Real Mucho Burro confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation or modification requests after an order has entered production or otherwise been accepted.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 – PRICES 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 when the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include applicable taxes, customs, duties, or import charges. Shipping charges, if applicable, will be disclosed during checkout.

Prices posted in our online store may differ from prices offered through other channels or third parties. We may offer promotions from time to time that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information as necessary so that we can complete your transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct, and complete, that you are authorized to use the applicable payment method, and that you will pay all charges incurred by you at the posted prices, including any applicable taxes and shipping charges.

SECTION 5 – SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, incorrect or incomplete delivery information provided by the customer, or events outside our reasonable control.

Once an order has been shipped, tracking information will be provided when available.

Please refer to our Shipping Policy for additional information regarding shipping and delivery.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to our artwork, designs, trademarks, branding, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by The Real Mucho Burro, its affiliates, or licensors and are protected by applicable U.S. and international copyright, trademark, and other intellectual property laws.

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

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

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any copyright, trademark, or other intellectual property right belonging to The Real Mucho Burro, Shopify, or any third party.

Unauthorized use of the Services or our artwork and designs may violate federal, state, and international intellectual property laws. All rights not expressly granted herein are reserved by The Real Mucho Burro.

The Real Mucho Burro's names, logos, product names, artwork, designs, and slogans are trademarks or intellectual property of The Real Mucho Burro or its affiliates or licensors and may not be used without prior written permission.

Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have control over.

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 shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which the relevant third-party providers offer those tools.

We may also offer new features through the Services in the future. Such features shall also be deemed part of the Services and are 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 embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites.

Please carefully review third parties' policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

The Real Mucho Burro is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with The Real Mucho Burro.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and The Real Mucho Burro, including any injury, damage, or loss resulting from purchased products and services.

You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with The Real Mucho Burro.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and other service providers, which may be located in countries other than the country where you reside.

Please review our Privacy Policy for additional information about how personal information is collected, used, and shared.

SECTION 11 – FEEDBACK AND REVIEWS

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, photographs, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for purposes including operating, improving, and promoting the Services.

You represent and warrant that you own or have all necessary rights to the Feedback you submit, that you have disclosed any compensation or incentives received in connection with your Feedback, and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, otherwise objectionable, or in violation of another party's intellectual property rights or these Terms.

You agree that your Feedback will not violate any third party's rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of Feedback. You are solely responsible for Feedback you submit and its accuracy.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

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

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after you have submitted an order.

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not use the Services to violate any applicable law; infringe upon our intellectual property rights or the rights of others; harass, abuse, threaten, defame, or harm another person; transmit false or misleading information; distribute spam or other unauthorized promotional material; impersonate another person or entity; introduce viruses or malicious code; collect or track the personal information of others without authorization; scrape or crawl the Services in violation of applicable law or these Terms; or interfere with or circumvent security features of the Services.

You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that you have violated these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion as permitted by applicable law. You will remain liable for all amounts due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, feedback, disclaimers, limitation of liability, indemnification, severability, governing law, and privacy.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED BY THE REAL MUCHO BURRO, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Some jurisdictions limit or do not allow certain warranty disclaimers, so portions of the above disclaimer may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE REAL MUCHO BURRO, OUR PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Real Mucho Burro, Shopify, and our respective affiliates, partners, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to a third party arising out of your breach of these Terms, violation of applicable law or third-party rights, or misuse of the Services.

We will notify you of an indemnifiable claim as reasonably practicable. Failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.

You agree to reasonably cooperate in the defense of indemnified claims.

SECTION 18 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals regarding the Services.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent, and any such attempt will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the applicable laws of the State of California and the United States, without regard to conflict-of-law principles.

To the extent permitted by applicable law, you and The Real Mucho Burro consent to the jurisdiction of the appropriate courts located in California.

SECTION 22 – HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

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

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.

When required by applicable law, we will provide notice of material changes. Your continued use of or access to the Services following the effective date of changes constitutes acceptance of the revised Terms.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

The Real Mucho Burro
Email: hello@therealmuchoburro.com
Mailing address:
PO Box 8274
San Jose, CA 95155
United States