Terms of service
Overview
Welcome to by A. Manso.
These Terms of Service are entered into by and between you and Claudia Manso Inc., operating as by A. Manso. The terms “we,” “us,” and “our” refer to Claudia Manso Inc. / by A. Manso.
by A. Manso 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.
by A. Manso is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein, describe your rights and responsibilities when you use our 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 that you have given us your consent to allow any 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 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 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 activity under your account. You may not transfer, sell, assign, or license your account to any other person.
Section 2 - Our Products
We make every effort to provide accurate representations of our products and services. However, product colors or appearance may differ from how they appear on your screen due to your device, display settings, lighting, and configuration.
We do not warrant that the appearance, fit, or quality of any products purchased by you will meet your expectations or be exactly the same as depicted, photographed, rendered, or displayed in our store.
All product descriptions, prices, and availability 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 product quantities 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.
by A. Manso reserves the right to accept or decline your order for any reason at our discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting. We may be unable to accommodate cancellation requests after an order has been accepted or sent into production.
If we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, shipping address, 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 at the time the order is placed and will be set out in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, duties, or import charges.
Prices posted in our online store may differ from prices offered in physical stores or in other online stores operated by third parties.
We may offer promotions from time to time. Promotional terms may be governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional 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, including your email address, payment information, and shipping details, so that we can complete transactions and contact you as needed.
You represent and warrant that:
- The payment information you provide is true, correct, and complete.
- You are authorized to use the payment method provided.
- Charges incurred by you will be honored by your payment provider.
- You will pay all charges incurred by you at the posted prices, including shipping, handling, taxes, and other applicable charges.
Section 5 - Shipping and Delivery
Delivery times are estimates only and are not guaranteed.
We are not liable for shipping or delivery delays caused by shipping carriers, customs processing, incorrect customer information, incomplete addresses, weather events, supply chain issues, or other circumstances outside our control.
Once products are transferred to the carrier, title and risk of loss pass to you, unless otherwise required by applicable law.
Please ensure that your shipping address is accurate before placing your order. We are not responsible for orders delayed, lost, or returned due to incorrect or incomplete customer-provided shipping information.
Section 6 - Intellectual Property
Our Services, including but not limited to trademarks, brand names, logos, product names, text, images, graphics, videos, audio, product reviews, website design, layout, and arrangement, are owned by Claudia Manso Inc. / by A. Manso, its affiliates, partners, or licensors, and are protected by U.S. and foreign intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Nothing in these Terms grants you any license or right to use any trademark, copyright, patent, or other intellectual property belonging to by A. Manso, Shopify, or any third party.
The names, logos, product names, designs, and slogans of by A. Manso are trademarks of by A. Manso, its affiliates, or licensors. You may not use such trademarks without our prior written permission.
Shopify’s name, logo, product names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, designs, and slogans are the property of their respective owners.
Section 7 - Optional Tools
We may provide you with access to third-party tools that we do not monitor, control, or manage.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind.
We are not liable for any issues arising from or relating to your use of optional third-party tools.
Any use of optional tools is entirely at your own risk and discretion. You should ensure that you understand and approve of the terms provided by the relevant third-party provider.
We may also offer new features, tools, or resources in the future. Such features will also be subject to these Terms of Service.
Section 8 - Third-Party Links
The Services may contain links to third-party websites, services, content, or functionality.
We are not responsible for examining or evaluating the content, accuracy, availability, privacy, security, or practices of any third-party websites or services.
If you access third-party links or websites, you do so at your own risk.
We are not liable for any harm, damages, claims, or losses related to your access or use of third-party websites, products, services, resources, or content.
Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
Section 9 - Relationship with Shopify
by A. Manso 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 Claudia Manso Inc. / by A. Manso.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and by A. Manso, including any injury, damage, or loss resulting from purchased products or services.
You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with by A. Manso.
Section 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy.
By using the Services, you acknowledge that you have read our Privacy Policy.
Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services.
Information you submit to the Services may be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside.
Please review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
Section 11 - Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, photos, comments, or other content, 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 purpose, including commercial use.
We may use feedback to operate, provide, evaluate, enhance, improve, and promote the Services.
You represent and warrant that:
- You own or have all necessary rights to the feedback.
- You have disclosed any compensation or incentives received in connection with the feedback.
- Your feedback complies with these Terms.
We are not obligated to maintain feedback in confidence, pay compensation for feedback, or respond to feedback.
We may monitor, edit, or remove feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, abusive, misleading, or otherwise objectionable, or that violates intellectual property rights or these Terms.
You agree that your feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
You are solely responsible for any feedback you submit and its accuracy. We assume no liability for feedback posted by you or any third party.
Section 12 - Errors, Inaccuracies, and Omissions
Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times, availability, or other details.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
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:
- For any unlawful, fraudulent, or malicious purpose.
- To violate any international, federal, state, provincial, or local law or regulation.
- To infringe upon or violate our intellectual property rights or the rights of others.
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person.
- To transmit false or misleading information.
- To upload or transmit viruses, malware, or malicious code.
- To send spam, phishing messages, chain letters, or other unsolicited communications.
- To impersonate another person or entity.
- To interfere with or bypass security features of the Services.
- To scrape, extract, collect, or track personal information or site data without authorization.
- To reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without written permission.
- To use automated systems, bots, scraping tools, AI agents, or other automated or manual means to access the Services in a way that violates these Terms or bypasses our restrictions.
We reserve the right to suspend, disable, or terminate your account or access to the Services at any time, without notice, if we determine that you have violated these Terms.
Section 14 - Agents
This section applies if you use, allow, enable, or cause the deployment of any agent, bot, software, crawler, automated tool, AI tool, or service that takes autonomous or semi-autonomous action on behalf of any person or entity.
No agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with these Terms.
We may limit, block, or restrict whether and how any agent accesses, uses, or interacts with the Services.
Agents must:
- Identify themselves in HTTP/HTTPS requests by including “Agent/[agent name]” in the user agent string.
- Not conceal or misrepresent that access is coming from an agent.
- Not mimic human behavior to bypass restrictions.
- Not complete or circumvent CAPTCHAs or measures intended to distinguish humans from automated systems.
- Respond truthfully to prompts asking whether interactions are coming from a human or automated system.
- Not avoid or bypass any measure intended to block, limit, or control agent access.
Section 15 - Termination
We may terminate this agreement or your access to the Services, or any part of the Services, at our sole discretion at any time without notice.
You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, 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 solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY by A. Manso, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. 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 ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Section 17 - Limitation of Liability
To the fullest extent permitted by law, in no case shall Claudia Manso Inc. / by A. Manso, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or Shopify and its affiliates be liable for any injury, loss, claim, or any 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, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of the Services or any products purchased through the Services.
This also applies to any claim related to your use of the Services, any product, any errors or omissions in content, or any loss or damage incurred as a result of using the Services or any content or product made available through the Services, even if we have been advised of the possibility of such damages.
Section 18 - Indemnification
You agree to indemnify, defend, and hold harmless Claudia Manso Inc. / by A. Manso, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of:
- Your breach of these Terms of Service or any documents they incorporate by reference.
- Your violation of any law or the rights of a third party.
- Your access to or use of the Services.
We will notify you of any indemnifiable claim, provided that 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 we will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld.
You agree to cooperate in the defense of indemnified claims, including by providing relevant documents.
Section 19 - Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.
Section 20 - Waiver; Entire Agreement
Our failure 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 operating rules posted by us on this site or in respect to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services.
These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 21 - Assignment
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so will be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
Section 22 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States.
You and Claudia Manso Inc. / by A. Manso consent to the venue and personal jurisdiction of the federal and state courts located in California, United States, where by A. Manso is headquartered.
Section 23 - Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 24 - Changes to Terms of Service
You can review the most current version of the 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 of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice.
Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 25 - Contact Information
Questions about the Terms of Service should be sent to us at:
Our contact information is posted below:
Legal Business Name: Claudia Manso Inc.
Trading Name: by A. Manso
Email: hello@claudiamanso.com
Phone: +1 689-261-6974
Business Address:
33365 Wisconsin St
Acton, CA 93510
United States
Final contact section updated from the original Terms template you provided.