Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Mexica Libre. The terms “we,” “us,” and “our” refer to Mexica Libre LLC.

Mexica Libre 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”). Mexica Libre 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 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 our Privacy Policy, you should not use or access the 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 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 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 information, payment information, and shipping information.

You represent and warrant that all information you provide through our store is correct, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with 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 provide an accurate representation of our products and services in our online store.

However, colors, prints, patterns, textures, fabric appearance, or other product details may appear differently depending on the device, screen settings, lighting, or display configuration used to view the store.

We do not warrant that the appearance or quality of any product or service purchased by you will exactly match how it appears on your screen or in photographs or digital renderings displayed through our Services.

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 quantities of any products 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.

Mexica Libre reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Mexica Libre confirms acceptance. We must receive and process your payment before an order is accepted.

Please review your order carefully before submitting it, as Mexica Libre may be unable to accommodate cancellation requests after an order has been accepted.

In the event that 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.

Purchases are subject to return or exchange in accordance with our Return & Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for unauthorized 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 at the time your order is placed and will be reflected in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs duties, import charges, or other governmental fees.

Prices posted through our online store may differ from prices offered through other sales channels or third-party platforms.

From time to time, we may offer promotions that affect pricing and that are subject to separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion-specific 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 payment information, including your email address, credit card information, and expiration dates, as necessary so that we can complete your transactions and contact you when needed.

You represent and warrant that:

  1. the payment information you provide is true, correct, and complete;
  2. you are authorized to use the payment method provided;
  3. charges incurred by you will be honored by your payment provider; and
  4. you will pay all charges incurred by you at the posted prices, including applicable shipping, handling, and taxes.

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, weather, natural disasters, governmental actions, or other circumstances outside our reasonable control.

Once products are transferred to the applicable shipping carrier, title and risk of loss may pass to you to the extent permitted by applicable law.

Additional information regarding shipping methods, timing, and costs may be provided through our store or applicable shipping policies.


SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, photographs, videos, audio, product designs, artwork, prints, patterns, website content, and the design, selection, and arrangement thereof, are owned by Mexica Libre LLC, its affiliates, licensors, or applicable rights holders and are protected by U.S. and foreign copyright, trademark, patent, 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, transmit, copy, or commercially exploit 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 right to you under any patent, trademark, copyright, or other intellectual property belonging to Mexica Libre, Shopify, or any third party.

Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved.

The Mexica Libre name, logos, product and service names, designs, artwork, and slogans are trademarks or other intellectual property of Mexica Libre LLC or its licensors.

You may not use such trademarks or intellectual property without the prior written permission of Mexica Libre.

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 the 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 those tools are provided by the applicable third-party provider.

We may also offer new features through the Services in the future, including new tools and resources. Such features will also be considered part of the Services and will be subject to these Terms.


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 or use of third-party websites or your purchase or use of products, services, resources, or content available through those websites.

Please carefully review the applicable third party’s 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

Mexica Libre 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 Mexica Libre.

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


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.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information concerning 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 third-party service providers, including providers that may be located in countries other than the country in which you reside, as necessary to provide the Services.

Please review our Privacy Policy for additional information regarding how Mexica Libre, Shopify, and our service providers may collect, use, and process personal information.


SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, photographs, comments, or other content to us (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 any lawful purpose, including commercial use.

We may use Feedback to operate, provide, evaluate, enhance, improve, and promote the Services.

You represent and warrant that:

  1. you own or have all necessary rights to the Feedback;
  2. you have disclosed any compensation or incentives received in connection with the submission of Feedback; and
  3. your Feedback complies with these Terms.

We are under no obligation to:

  1. maintain Feedback in confidence;
  2. pay compensation for Feedback; or
  3. 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, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party’s intellectual property rights or these Terms.

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

You further agree that Feedback will not contain unlawful, abusive, obscene, defamatory, malicious, or harmful material, including computer viruses or malware that could affect the operation of the Services.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of Feedback.

You are solely responsible for the Feedback you submit and its accuracy.


SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

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

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, subject to applicable law.


SECTION 13 — PROHIBITED USES

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

You may not access or use the Services, directly or indirectly:

  1. for any unlawful or malicious purpose;
  2. to violate any international, federal, state, provincial, or local law, regulation, rule, or ordinance;
  3. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  4. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person;
  5. to transmit false or misleading information;
  6. to knowingly transmit, receive, upload, download, use, or reuse material that does not comply with these Terms;
  7. to transmit or procure the sending of unsolicited advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations;
  8. to impersonate or attempt to impersonate another person or entity; or
  9. to engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that may harm Mexica Libre, Shopify, other users, or expose any of them to liability.

In addition, you agree not to:

  1. upload or transmit viruses or malicious code;
  2. reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;
  3. collect or track the personal information of others without authorization;
  4. spam, phish, pharm, or pretext the Services;
  5. use robots, spiders, scraping tools, data-gathering or extraction tools, automatic devices, agentic AI systems, or automated or manual means to access or extract content from the Services in violation of these Terms; or
  6. interfere with, bypass, or circumvent security features, authorization features, robot exclusion headers, or other measures used to restrict access to the Services.

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


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 software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can execute actions without direct human supervision.

14.2

No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with the requirements set forth in Section 14.4.

No Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

14.3

We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.

14.4

Agents must:

  1. identify that requests are being made by an Agent and disclose the name of the Agent where technically required;
  2. not conceal or obfuscate that access, use, or interactions originate from an Agent;
  3. not mimic human behavior for the purpose of circumventing restrictions or complete or bypass CAPTCHAs or other measures designed to distinguish computer use from human use;
  4. respond truthfully to requests seeking to determine whether an interaction originates from a human or computer; and
  5. not circumvent or avoid any measure designed to block, limit, modify, or control Agent access to the Services.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, in our sole discretion at any time, subject to applicable law.

You will remain liable for all amounts due up to and including the effective date of termination.

The following provisions will continue to apply after termination where applicable: Intellectual Property, Feedback, 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 information presented on or through the Services is made available for general informational purposes.

We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on this information is at your own risk.

Except as expressly stated by Mexica Libre, the Services and all 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, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, to the fullest extent permitted by applicable law.

We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions limit or do not permit certain warranty disclaimers, so some of the above provisions may not apply to you.


SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event shall Mexica Libre LLC, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, or Shopify’s affiliates be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages arising from your use of the Services or any product purchased through the Services, whether based in contract, tort, negligence, strict liability, or otherwise, even if advised of the possibility of such damages.

Some jurisdictions do not allow certain exclusions or limitations of liability, so some of these limitations may not apply to you.


SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Mexica Libre LLC, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, claims, and reasonable attorneys’ fees payable to any third party arising out of:

  1. your breach of these Terms or documents incorporated by reference;
  2. your violation of applicable law or the rights of a third party; or
  3. your access to and use of the Services.

We will notify you of any indemnifiable claim. Failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.

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


SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms, and such determination will not affect the validity or enforceability of the remaining provisions.


SECTION 20 — WAIVER; ENTIRE AGREEMENT

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

These Terms, together with any policies or operating rules posted through the Services, constitute the entire agreement and understanding between you and Mexica Libre regarding use of the Services.

They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, concerning the Services.

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


SECTION 21 — ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any unauthorized attempt to do so will be null and void.

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


SECTION 22 — GOVERNING LAW

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

Subject to applicable consumer protection laws and any rights that cannot legally be waived, you and Mexica Libre consent to the jurisdiction of courts of competent jurisdiction located in California for disputes arising from or relating to these Terms or the Services.


SECTION 23 — HEADINGS

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


SECTION 24 — CHANGES TO TERMS OF SERVICE

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

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

Where required by applicable law, we will provide notice of material changes. Such changes will become effective on the date specified in the applicable notice.

Your continued use of or access to the Services after changes become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.


SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Mexica Libre LLC
Email: support@mexicalibre.com
630 1st Ave PMB 317 San Diego, California, 92101

For customer service, returns, order questions, or other inquiries, please contact us at support@mexicalibre.com.