Terms of service
OVERVIEW
This website is operated by Bodega369. Throughout the website, the terms “Bodega369,” “we,” “us,” and “our” refer to Bodega369.
These Terms of Service (“Terms”) govern your access to and use of bodega369.com (the “Site”), including any content, functionality, products, services, and purchases made through the Site.
By visiting the Site, creating an account, submitting information, placing an order, or otherwise using our services, you agree to be bound by these Terms, together with our Return & Refund Policy, Privacy Policy, Shipping Policy, and any other policies or notices made available on the Site that expressly apply to your use or purchase.
Please read these Terms carefully before using the Site.
If you do not agree to these Terms, you should not use the Site or purchase products through it.
Nothing in these Terms is intended to waive, restrict, or exclude any consumer right, remedy, warranty, or protection that cannot legally be waived, restricted, or excluded under applicable law.
1. ELIGIBILITY AND ONLINE STORE TERMS
By using this Site, you represent that you have reached the age of majority in your jurisdiction of residence or that you are otherwise legally capable of entering into a binding agreement.
If you permit a minor under your supervision to use this Site, you are responsible for that use to the extent permitted by applicable law.
You may not use our products, Site, or services for any unlawful or unauthorized purpose.
You may not violate any applicable law, regulation, or third-party right while using our Site or services.
2. ABOUT BODEGA369
Bodega369 is an online retailer offering a variety of consumer products through bodega369.com.
To operate our business efficiently, we may work with third-party manufacturers, suppliers, fulfillment providers, warehouses, carriers, payment processors, technology providers, and other service providers.
The use of third-party service providers does not alter any rights or responsibilities that cannot legally be excluded or transferred under applicable law.
3. PRODUCT INFORMATION
We make reasonable efforts to provide accurate product descriptions, photographs, specifications, dimensions, colors, features, availability information, and other product-related content.
However, product appearance may vary slightly due to lighting, photography, display settings, manufacturing batches, packaging changes, or other reasonable variations.
Images are provided for illustrative purposes and may not always perfectly represent color, scale, packaging, or other non-material characteristics of the product.
We reserve the right to correct errors, inaccuracies, or omissions in product information at any time.
Nothing in this section limits a customer's rights where a product is materially different from its description or where applicable law provides otherwise.
4. PRODUCT AVAILABILITY
Products and services displayed on the Site are subject to availability.
We may modify, discontinue, replace, or limit quantities of products at any time, subject to applicable law and any obligations relating to orders already accepted.
Displaying a product on the Site does not guarantee that the product will remain available.
If an item becomes unavailable after an order has been placed, we may contact you to offer an appropriate alternative, delay the affected portion of the order with your consent where appropriate, or issue a refund for the unavailable item.
5. ORDERS AND ORDER ACCEPTANCE
Submitting an order through the Site constitutes an offer to purchase the selected products.
All orders are subject to acceptance, payment authorization, product availability, fraud screening, and other reasonable verification procedures.
Receipt of an automated order confirmation does not necessarily constitute final acceptance of an order.
We reserve the right, to the extent permitted by applicable law, to refuse, limit, or cancel an order for legitimate reasons, including:
• Product or inventory availability issues;
• Incorrect product or pricing information;
• Payment authorization failures;
• Suspected fraud or unauthorized transactions;
• Unusual or suspicious purchasing activity;
• Orders that appear intended for unauthorized resale;
• Shipping restrictions;
• Errors affecting the transaction; or
• Other circumstances that reasonably prevent fulfillment.
If we cancel an order after payment has been successfully collected, we will issue an appropriate refund for the cancelled portion to the original payment method.
6. PRICING
Unless otherwise stated, prices displayed on the Site are expressed in U.S. Dollars (USD).
Prices, promotions, discounts, and product availability may change without prior notice.
The price applicable to an order will generally be the price displayed when the order is submitted, subject to correction of obvious errors and applicable law.
If we discover a material pricing error after an order has been submitted, we may contact you before fulfillment to provide the option to purchase the product at the correct price or cancel the affected item or order.
We will not knowingly charge a corrected higher price without obtaining appropriate authorization where required.
7. TAXES, DUTIES, AND OTHER CHARGES
Applicable taxes, shipping charges, duties, customs fees, or other charges may be displayed or calculated during checkout where applicable.
International shipments may be subject to import duties, taxes, customs fees, brokerage fees, or other charges imposed by governmental authorities or third parties.
Unless expressly stated otherwise during checkout or required by applicable law, such charges may be the responsibility of the recipient.
Customers are responsible for understanding any import restrictions or requirements applicable in their destination jurisdiction.
8. PAYMENTS
Payments are processed through third-party payment providers and supported payment gateways.
By providing payment information, you represent that you are authorized to use the payment method submitted for the transaction.
You authorize the applicable payment provider to charge the total amount displayed at checkout, including applicable product charges, shipping charges, taxes, and other disclosed amounts.
Bodega369 does not ordinarily store complete payment-card information. Payment information may be processed and stored by authorized third-party payment processors according to their own security and privacy practices.
We are not responsible for a payment provider's independent acts or omissions except to the extent responsibility cannot legally be excluded.
9. FRAUD PREVENTION AND VERIFICATION
To protect Bodega369 and our customers, transactions may be subject to fraud-prevention and verification procedures.
We may request reasonable additional information to verify an order, payment method, shipping address, or purchaser identity when suspicious or unusual activity is detected.
To the extent permitted by law, we may delay, refuse, or cancel transactions where we reasonably suspect fraud, unauthorized payment activity, identity misuse, policy abuse, or other unlawful conduct.
10. SHIPPING AND DELIVERY
Shipping options and estimated delivery periods may be displayed on the Site or during checkout.
Delivery dates and transit times are estimates unless expressly stated otherwise as a guaranteed service.
Actual delivery times may be affected by factors including carrier operations, destination, customs processing, weather, peak shipping periods, transportation disruptions, incorrect or incomplete shipping information, and other circumstances outside our reasonable control.
Customers are responsible for providing complete and accurate delivery information.
Please review our Shipping Policy for additional information regarding shipping, delivery estimates, tracking, and related matters.
Nothing in this section excludes rights or remedies that may apply under mandatory consumer protection law.
11. TITLE, RISK, AND DELIVERY
Ownership, risk of loss, and responsibility for products will transfer only as provided by applicable law.
Nothing in these Terms is intended to transfer risk to a customer earlier than permitted under applicable consumer protection law.
Where delivery confirmation or tracking information is relevant to an order dispute, Bodega369 may rely on information provided by the applicable carrier while also considering other relevant evidence and any rights available to the customer under applicable law.
12. RETURNS, REFUNDS, AND CANCELLATIONS
Returns, refunds, exchanges where offered, cancellations, damaged products, incorrect products, lost packages, and related matters are governed by our Return & Refund Policy.
Our Return & Refund Policy forms part of these Terms.
Customers should review that policy before completing a purchase.
13. PROMOTIONS AND DISCOUNTS
From time to time, Bodega369 may offer discount codes, promotional pricing, bundles, gifts, free shipping, or other promotional offers.
Promotions may be subject to additional conditions, expiration dates, quantity restrictions, geographic restrictions, minimum-purchase requirements, or other limitations disclosed with the offer.
Unless expressly stated otherwise, promotional offers cannot be combined.
We reserve the right to modify or discontinue promotions before an order is placed, subject to applicable law.
Fraudulent, unauthorized, duplicated, manipulated, or otherwise abusive use of promotions may result in cancellation of the applicable discount or order where permitted by law.
14. OPTIONAL TOOLS AND THIRD-PARTY SERVICES
The Site may provide access to third-party tools, applications, integrations, payment services, tracking systems, social-media features, or other services that we do not directly control.
Your use of third-party services may also be governed by the terms and privacy policies of those third parties.
To the extent permitted by law, Bodega369 is not responsible for the independent operation, availability, security, content, or practices of third-party services that are outside our reasonable control.
You should review the applicable third-party terms before using those services.
15. THIRD-PARTY LINKS
The Site may contain links to third-party websites or resources.
A link does not necessarily imply endorsement, sponsorship, control, or responsibility for the third-party website or its content.
Bodega369 is not responsible for the content, accuracy, availability, security, products, services, or privacy practices of independent third-party websites.
Your use of third-party websites is at your own discretion and may be subject to separate terms and policies.
16. INTELLECTUAL PROPERTY
Unless otherwise stated, the Site and its content, including the Bodega369 name and branding, logos, graphics, website design, written content, original photographs, videos, product presentation, icons, and other materials owned by or licensed to Bodega369, are protected by applicable intellectual-property laws.
Third-party trademarks, product images, brand names, or other intellectual property appearing on the Site remain the property of their respective owners where applicable.
Nothing on the Site grants you ownership of Bodega369 intellectual property.
You may not reproduce, distribute, modify, publish, sell, exploit, or commercially use protected Bodega369 content without authorization, except where permitted by applicable law.
17. USER CONTENT, REVIEWS, AND SUBMISSIONS
If you voluntarily submit a review, photograph, video, comment, testimonial, suggestion, feedback, or other content to Bodega369, you represent that you have the necessary rights to submit that content.
You retain any ownership rights you otherwise hold in your content.
To the extent permitted by law, by submitting content for publication or promotional use, you grant Bodega369 a non-exclusive, worldwide, royalty-free license to use, reproduce, display, adapt, and distribute that content in connection with operating, marketing, and promoting Bodega369.
We are not obligated to publish every submission.
We may remove content that is unlawful, fraudulent, misleading, defamatory, infringing, abusive, obscene, or otherwise inappropriate, subject to applicable law.
18. ACCURACY OF INFORMATION
We make reasonable efforts to maintain accurate information on the Site.
Occasionally, information 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 and update information when discovered, subject to applicable law and the rights of customers whose orders may be affected.
19. PROHIBITED USES
You may not use the Site or its content:
• For unlawful or fraudulent purposes;
• To violate applicable laws or regulations;
• To infringe intellectual-property or other legal rights;
• To transmit malicious software, viruses, or harmful code;
• To attempt unauthorized access to the Site or associated systems;
• To scrape, harvest, or collect information through unauthorized automated means;
• To interfere with the security or proper operation of the Site;
• To impersonate another person or misrepresent your identity;
• To submit false, misleading, or fraudulent information;
• To engage in payment fraud, chargeback abuse, promotion abuse, or return fraud; or
• For any other activity that materially harms Bodega369, our customers, or third parties.
We may restrict access to the Site or services where reasonably necessary to prevent prohibited activity.
20. DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Site and its general informational content are provided on an “as available” basis.
We do not warrant that the Site will always operate without interruption, delay, security vulnerability, or technical error.
Products sold through Bodega369 are subject to any warranties, guarantees, or consumer rights required by applicable law and any additional warranty expressly stated on the applicable product page.
Nothing in these Terms excludes or limits any statutory warranty, guarantee, or consumer right that cannot legally be excluded or limited.
21. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Bodega369 and its owners, officers, employees, representatives, contractors, service providers, and agents will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or relating to the use of the Site, inability to use the Site, or purchase or use of products, including loss of profits, revenue, data, business opportunity, or similar economic loss, where such damages may lawfully be excluded.
To the fullest extent permitted by applicable law, Bodega369 will not be responsible for losses resulting solely from events outside our reasonable control, unauthorized misuse of a product, failure to follow product instructions or safety warnings, unauthorized modifications to a product, or unlawful use of a product.
Where liability may lawfully be limited but not completely excluded, Bodega369's aggregate liability relating to a particular purchase will, to the extent permitted by law, not exceed the amount actually paid to Bodega369 for the product giving rise to the claim.
The limitations in this section do not apply to liability that cannot lawfully be excluded or limited, including any mandatory consumer rights or other liability for which exclusion or limitation is prohibited by applicable law.
22. PRODUCT USE AND SAFETY
Customers are responsible for reading and following instructions, warnings, age recommendations, care instructions, and safety information supplied with a product or displayed on its product page.
Products should only be used for their intended purpose.
To the extent permitted by applicable law, Bodega369 is not responsible for injury, loss, or damage caused solely by misuse, abuse, unauthorized modification, improper installation, failure to follow supplied instructions or warnings, or use of a product for a purpose for which it was not designed.
This provision does not exclude liability that cannot legally be excluded.
23. INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Bodega369 and its owners, officers, employees, agents, and service providers from third-party claims, liabilities, damages, and reasonable costs arising directly from your unlawful use of the Site, intentional violation of these Terms, infringement of another person's legal rights, fraudulent activity, or intentional misuse of our products.
This obligation does not apply to the extent that a claim results from Bodega369's own conduct or where indemnification is prohibited by applicable law.
24. PRIVACY
Your submission and processing of personal information through the Site are governed by our Privacy Policy.
Third-party providers, including payment processors and other technology providers, may process information according to their respective privacy practices where applicable.
Please review our Privacy Policy for additional information.
25. PAYMENT DISPUTES AND CHARGEBACKS
If you believe there is a problem with an order or transaction, we encourage you to contact support@bodega369.com so that we have an opportunity to investigate and resolve the issue.
Nothing in these Terms prevents a customer from exercising a lawful right to dispute a transaction through their bank, card issuer, or payment provider.
In connection with a payment dispute, Bodega369 may provide relevant evidence to payment processors, banks, card networks, fraud-prevention providers, and other authorized parties, including order information, transaction records, tracking information, delivery confirmation, communications, and applicable policies.
26. ELECTRONIC COMMUNICATIONS
By using the Site or contacting Bodega369 electronically, you consent to receive transactional communications relating to your orders, account, customer-service requests, security, or other transactions electronically where permitted by law.
Marketing communications will be handled according to applicable consent requirements and our Privacy Policy.
You may unsubscribe from promotional email communications using the unsubscribe mechanism provided in those communications, where applicable.
27. FORCE MAJEURE
To the extent permitted by applicable law, Bodega369 will not be responsible for delay or failure to perform an obligation caused by events reasonably outside our control, including natural disasters, severe weather, war, civil unrest, governmental actions, epidemics or pandemics, labor disruptions, transportation interruptions, carrier disruptions, telecommunications failures, power failures, cyber incidents affecting third-party infrastructure, customs delays, or similar events.
This section does not eliminate any refund, delivery, or other customer rights that remain mandatory under applicable law.
28. TERMINATION OR RESTRICTION OF ACCESS
We may suspend or restrict access to the Site or services where reasonably necessary to address fraud, unlawful conduct, security threats, abuse, or material violations of these Terms.
Provisions that by their nature should survive termination, including intellectual-property protections, payment obligations, liability provisions, and dispute-related provisions, will remain effective to the extent permitted by law.
29. SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.
The remaining provisions will continue in full force and effect.
30. NO WAIVER
A failure by Bodega369 to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
31. ENTIRE AGREEMENT
These Terms, together with the policies and notices expressly incorporated into them, constitute the agreement between you and Bodega369 regarding your use of the Site and purchases made through it, subject to any additional rights or agreements required by applicable law.
32. GOVERNING LAW AND MANDATORY CONSUMER RIGHTS
These Terms and your use of the Site will be governed by the laws applicable to Bodega369 and the relevant transaction, without excluding or restricting any mandatory consumer protection rights that apply to you based on your place of residence or the jurisdiction governing the transaction.
Nothing in these Terms requires a consumer to waive any jurisdiction, remedy, or legal protection that cannot lawfully be waived.
33. CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our Site, products, services, business practices, or legal requirements.
The updated version will be posted on the Site with a revised “Last Updated” date.
Changes will apply prospectively except where otherwise permitted or required by applicable law.
For purchases, the version of the Terms in effect when the applicable order was placed will generally govern that transaction unless applicable law requires otherwise.
34. CONTACT INFORMATION
Questions regarding these Terms of Service may be directed to:
Bodega369 Customer Support
Email: support@bodega369.com
Website: bodega369.com