Terms of service

OVERVIEW
Welcome to Loquera! The terms "we," "us," and "our" refer to Loquera. Loquera operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). Loquera is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, along with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers of warranties and limitations of liability.
By visiting or using our Services, or interacting with our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the 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 to access or browse our online stores or purchase products and services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent that all information you provide in our shops is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for the security of your login credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any third party.
SECTION 2 – OUR PRODUCTS
We have made every effort to accurately display our products and services in our online stores. However, please note that the colors or appearance of the products may vary from what is shown on your screen, depending on the type of device you use to access the shop and its settings and configuration.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or match the images or representations shown in our online stores.
All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to 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. Loquera reserves the right, at its sole discretion, to accept or decline your order for any reason. Your order is not accepted until Loquera confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as Loquera may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept an order, or if we modify or cancel it, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.
The return or exchange of your purchases is governed exclusively by the terms of our Refund Policy [LINK].
You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.
SECTION 4 – PRICING 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 listed in your order confirmation email. Unless otherwise expressly stated, listed prices do not include taxes, shipping fees, handling fees, customs duties, or import charges.
Prices displayed in our online stores may differ from prices in our physical stores or in online stores and other shops operated by third parties. We may offer promotions related to the Services from time to time that may affect pricing and are governed by separate terms and conditions. If those terms conflict with these Terms, the terms of the promotion will apply.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.
You represent and warrant that: (i) any credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we hand off the goods to the shipping carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, advertisements, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are owned by Loquera, its affiliates, or licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any materials on the Services. Except as expressly provided herein, nothing in these Terms grants you a license or other right under any patent, trademark, copyright, or other intellectual property of Loquera, Shopify, or any third party, nor shall anything herein be construed as granting any such license or right. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Loquera.
Loquera's names, logos, product and service names, designs, and slogans are trademarks of Loquera or its affiliates or licensors. You may not use such marks without Loquera's 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 on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be given access to customer tools provided by third parties through the Services. We do not monitor, and have no control or input over, such tools.
You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or related to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and links to third-party websites (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you 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 any harm related to your access to external websites or your purchase or use of any products, services, resources, or content available on external websites. Please carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your shop and should not be removed or altered.]
Loquera is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make through our shop, however, are made directly with Loquera. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Loquera, including any injury, damage, or loss arising from your purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchases and transactions with Loquera.
SECTION 10 – PRIVACY POLICY
Any personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may also be subject to Shopify's privacy policy, which can be viewed here. 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 the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify and third parties who may be located in a country other than your own, in order to provide you with the Services. For more information about how we, Shopify, and our partners use your personal information, please see our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you send, upload, post, email, or otherwise submit ideas, suggestions, feedback, reviews, 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 media for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that: (i) you own or otherwise control all rights to any and all Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are and shall remain under no obligation to (1) maintain any Feedback in confidence; (2) pay you any compensation for any Feedback; or (3) respond to any Feedback.
We may, but are under no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
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 further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on or in the Services is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for any of the following purposes: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any junk mail, chain letters, spam, or any other similar unsolicited communications; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to otherwise engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Loquera, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any portion of the Services; (c) collect or track the personal information of others; (d) misuse the Services to send spam, phishing, pharming, or pretexting; (e) use any robot, spider, scraping tool, data harvesting or extraction tool, automated device or process, AI tool (e.g., agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent, or manipulate the security or authorization features, robot-exclusion header, or any other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1 This section (the "Agent Terms") applies if you use, enable, or otherwise cause an agent to access, use, or interact with the Services. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a person or entity, and that may operate on behalf of or using a person's device without direct supervision.
14.2 No agent may access, use, or interact with the Services unless it identifies itself at all times and acts in strict compliance with the requirements set out in Section 14.4 below. In addition, no agent may access, use, or interact with the Services if we have requested that it refrain from accessing, using, or interacting with a Service.
14.3 We may, including through technical means, restrict whether and how an agent may access, use, and interact with the Services.
14.4 Agents: (i) must, in all HTTP/HTTPS requests, indicate that the request originates from an agent and disclose the agent's name by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) may not conceal or obscure that any access, use, or interaction originates from an agent, for example by (a) mimicking human behaviors and interaction patterns, or (b) solving or bypassing CAPTCHAs or other measures designed to distinguish computer use from human use; (iii) must respond truthfully to any question or prompt designed to determine whether an interaction originates from a human or a computer; (iv) may not circumvent or otherwise avoid any measures designed to prevent, restrict, alter, or control whether and how agents access, use, or interact with Shopify Consumer Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, without notice, at our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive 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 provided on or through the Services is for general informational purposes only. We make no warranty as to 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 content.
UNLESS OTHERWISE EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, 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 DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Loquera, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or any documents they incorporate by reference, (2) your violation of any law or the rights of any third party, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that any delay in notice will not relieve you of your obligations hereunder except to the extent that such delay materially prejudices you. We may control the defense and settlement of any such claim at your expense, including selection of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You agree to cooperate with the defense of any indemnified claim, including by providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other 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 we post on this website or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these 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, assign, or transfer this agreement, or any of your rights or obligations under these Terms, without our prior written consent, and any such attempt will be void. We may assign, transfer, or delegate this agreement and any of our rights and obligations under these Terms without your 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 federal, state, or territorial courts located in the jurisdiction where Loquera is based. You and Loquera agree to submit to the personal and exclusive jurisdiction of such courts.
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 THESE TERMS OF SERVICE
The most current version of these Terms of Service is always available on this page.
We reserve the right, at 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 as required by applicable law, and such changes will take effect 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 these Terms of Service should be sent to loquerasupport@gmail.com.
Our contact information is provided below:
hello@loquera.de