Terms of service

OVERVIEW

Welcome to BALIKISS. The terms "we", "us" and "our" refer to BALIKISS, S.L. (NIF B05576285), with registered address at Carrer de Sant Josep 1, 3-A, 43004 Tarragona, Spain. BALIKISS 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"). BALIKISS is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, 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 carefully, as they include important information about your legal rights. Nothing in these Terms affects the rights you have as a consumer under Spanish and European Union law.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you confirm that you are at least 18 years old, or the age of majority in your country 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 browsing our online store or purchasing any of our products, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You confirm that all the information you provide is correct, current and complete, and that you have all rights necessary to provide it.

You are responsible for keeping your account credentials secure 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

Our pieces are handmade by artisans in Bali, so small variations in colour, texture and size between pieces are a natural part of the craft and not a defect. We make every effort to represent our products accurately, but colours may look different on your screen depending on your device and its settings.

Product descriptions may change at any time. We may discontinue any product at any time and may limit the quantities of any products 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. We may accept or decline your order. Your order is accepted when we send you an order confirmation. We must receive and process your payment before your order is accepted. If we do not accept, change or cancel an order, we will notify you using the email address, billing address and/or phone number provided with the order, and refund any amount already paid.

If you are a consumer in the European Union, you have the right to withdraw from your purchase within 14 days of receiving it, without giving any reason. Returns, exchanges and the right of withdrawal are governed by our Refund Policy.

Purchases through this store are intended for personal use. For wholesale or business orders, please contact us.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions may change without notice. The price charged will be the price in effect when the order is placed, as shown in your order confirmation email.

All prices are shown in euros and include Spanish VAT (IVA). Shipping costs are not included in product prices and are shown at checkout before you pay. Orders shipped outside the European Union may be subject to import duties, taxes or customs fees in the destination country, which are paid by the customer, as explained in our Shipping Policy.

Prices in our online store may differ from prices offered in physical stores or in other stores operated by third parties. We may offer promotions governed by separate terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will apply.

You agree to provide current, complete and accurate purchase, payment and account information, and to keep it up to date, so that we can complete your transactions and contact you as needed. You confirm that you are authorised to use the payment method you provide.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates. We are not responsible for delays caused by shipping carriers, customs processing or events outside our control. Risk of loss and damage passes to you when you, or a person you designate (other than the carrier), take physical possession of the products. Full details are in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, images, graphics, product reviews, video and audio, and their design, selection and arrangement, are owned by BALIKISS, S.L. or its licensors and are protected by Spanish, European and international intellectual property laws.

These Terms allow you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material on the Services without our prior written consent. Nothing in these Terms grants you any licence or other rights to any intellectual property of BALIKISS, Shopify or any third party. All rights not expressly granted are reserved.

BALIKISS names, logos, product names, designs and slogans are trademarks of BALIKISS, S.L. or its licensors and may not be used without our prior written permission. Shopify's name, logo and related marks are trademarks of Shopify. All other names and marks on the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may give you access to tools offered by third parties as part of the Services, which we do not monitor or control. These tools are provided "as is" and "as available", without any endorsement, and your use of them is at your own discretion. Please make sure you are familiar with, and agree to, the terms on which the relevant third-party provider offers them.

Any new features we add to the Services in the future are also subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites or content operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. Please review the third party's policies before you make any transaction with them. Complaints or questions about third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

BALIKISS is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with BALIKISS, S.L. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and BALIKISS, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with BALIKISS.

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 these privacy policies.

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 them. Information you submit will be shared with Shopify and with third parties that may be located in other countries, in order to provide the Services to you. Our Privacy Policy explains how we, Shopify and our partners use your personal information.

SECTION 11 - FEEDBACK AND REVIEWS

If you send us ideas, suggestions, feedback, reviews, photos or other content ("Feedback"), you grant us a worldwide, royalty-free licence to use, reproduce, publish and display that Feedback to operate and promote the Services. We will not be obliged to keep your Feedback confidential, to pay for it or to respond to it.

You confirm that you own or have the rights to your Feedback, that you have disclosed any compensation or incentive you received in connection with it, and that it does not infringe anyone's rights or contain unlawful, abusive or obscene content or malicious code. You may not use a false email address or pretend to be someone else. We may monitor, edit or remove Feedback that we consider unlawful, offensive or in breach of these Terms. You are responsible for any Feedback you submit.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Information on the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct them and to update information. If a product was offered at a clearly incorrect price, we will contact you before dispatching your order, and you may cancel it with a full refund.

SECTION 13 - PROHIBITED USES

You may use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any local, national or international law or regulation; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame or intimidate any of our team or any other person; (e) to transmit false or misleading information; (f) to send, receive, upload, download or use any material that does not comply with these Terms; (g) to send advertising or promotional material, including spam or similar solicitations; (h) to impersonate any other person or entity; or (i) to engage in any other conduct that restricts anyone's use of the Services or that may harm BALIKISS, Shopify or users of the Services.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext; (e) use any robot, spider, scraping or data-extraction tools, AI tools (such as agentic AI) or other automated or manual means to access the Services, except as permitted under Section 14; or (f) interfere with or circumvent the security features of the Services. We may suspend or terminate your account if you breach these Terms.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 14.4. No Agent may access the Services if we have asked it not to.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request comes from an Agent and disclose the name of the Agent by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obscure that any access or interaction comes from an Agent, for example by mimicking human behaviour or by completing or circumventing CAPTCHAs or other measures intended to distinguish computers from humans; (iii) respond truthfully to any question asking whether interactions come from a human or a computer; and (iv) not circumvent any measure intended to block, limit or control how Agents access, use or interact with the Services.

SECTION 15 - TERMINATION

We may terminate these Terms or your access to the Services, in whole or in part, if you breach these Terms or where required by law. You will remain liable for all amounts due up to the date of termination. Orders already accepted will still be fulfilled or refunded.

The following sections will continue to apply after termination: Intellectual Property, Feedback and Reviews, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The general information on the Services is provided for information purposes only. Except as expressly stated in these Terms, we do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Nothing in these Terms limits the legal guarantee of conformity that applies to the products you buy from us as a consumer under Spanish and EU law. If a product is faulty or not as described, please contact us and we will repair, replace or refund it as required by law.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, BALIKISS, S.L., its partners, directors, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, will not be liable for any indirect, incidental, special or consequential damages, including lost profits, lost revenue, lost savings or loss of data, arising from your use of the Services or of any product purchased through them.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or wilful misconduct, or for any other liability that cannot be excluded or limited under applicable law, including your rights as a consumer.

SECTION 18 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify BALIKISS, S.L., Shopify and their affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party and arising from: (1) your breach of these Terms or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your misuse of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, it will still be enforced to the fullest extent permitted by law, and the unenforceable part will be considered separate from these Terms. This will not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

If we fail to exercise or enforce any right or provision of these Terms, this will not be a waiver of that right or provision.

These Terms, together with the policies posted on this site, make up the entire agreement between you and us regarding the Services and replace any prior versions of the Terms of Service.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer our rights and obligations under these Terms to another organisation, provided this does not reduce your rights as a consumer.

SECTION 22 - GOVERNING LAW AND JURISDICTION

These Terms are governed by Spanish law. If you are a consumer, you also benefit from any mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of your place of residence. Otherwise, disputes will be submitted to the courts of Tarragona, Spain.

SECTION 23 - HEADINGS

The headings in these Terms are for convenience only and do not affect their interpretation.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We may update these Terms by posting changes on our website. We will notify you of any material changes in accordance with applicable law, and the changes will take effect on the date stated in the notice. Orders placed before a change are governed by the Terms in force when the order was placed.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms should be sent to us at leilanymontesv@gmail.com.

BALIKISS, S.L.
NIF: B05576285
Carrer de Sant Josep 1, 3-A, 43004 Tarragona, Spain
Email: leilanymontesv@gmail.com
Phone: +34 626 27 33 50