Terms of service

OVERVIEW

Welcome to Moin Café! The terms “we”, “us” and “our” refer to Moin Café. Moin Café operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). Moin Café is powered by Shopify, which enables us to provide the Services.

The following terms and conditions, together with any policies referred to in this document (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover matters such as warranties, 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 must 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 legal age of majority in your state or province of residence and have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our store is accurate, current and complete, and that you have all the necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials 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

We have made every effort to display our products and services accurately in our online store. However, please note that product colours or appearance may differ from what is displayed on your screen due to the type of device you use to access the store and its settings.

We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be the same as displayed or presented in our online stores.

All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any product we offer to any person, geographical region or jurisdiction on a case-by-case basis.

 

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Moin Café reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Moin Café confirms its acceptance. We must receive and process your payment before accepting your order.

Please review your orders carefully before purchasing, as Moin Café may be unable to accommodate a cancellation request after an order has been accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address or telephone number you provided when placing the order.

You may return or exchange your purchase only in accordance with our refund policy.

You represent and warrant that your purchase is for personal or household use and not for resale or commercial export.

 

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect when the order is placed and will be stated in the order confirmation emailed to you. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs or import charges.

Prices published in our online stores may differ from those offered in our physical store or in online or other stores operated by third parties. From time to time, we may offer promotions through the Services that affect pricing and are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transaction and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, accurate and complete, (ii) you are duly authorised to use that credit card for the purchase, (iii) the charges you incur will be accepted by your credit card company, and (iv) you will pay the charges you incur at the published prices, including shipping and handling charges and all applicable taxes, if any.

 

SECTION 5 — SHIPPING AND DELIVERY

We are not responsible for any delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We will not be responsible for delays caused by the shipping company, customs procedures or events beyond our control. Once we hand products over to the shipping company, title and risk of loss transfer to you.

 

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and their design, selection and arrangement, are owned by Moin Café, its affiliate or licensor and are protected by US and foreign patents, copyright and other 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. Except as expressly provided in this document, nothing in these Terms grants or may be interpreted as granting you a licence or other rights under any patent, trademark, copyright or other intellectual property of Moin Café, Shopify or any third party. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted here are reserved by Moin Café.

Moin Café’s names, logos, product and service names, designs and slogans are trademarks of Moin Café or its affiliate or licensor. You must not use these trademarks without Moin Café’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 in the Services are trademarks of their respective owners.

 

SECTION 7 — OPTIONAL TOOLS

As part of the Services, you may be given access to customer tools offered by third parties that we neither monitor nor have any control over or input into.

You acknowledge and agree that we provide access to these tools “as is” and “as available”, without warranties, representations or conditions of any kind and without any endorsement. We will have no liability arising from or relating to your use of optional third-party tools.

Any use you make 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 the terms under which the tools are provided by the relevant third-party providers.

In the future, we may also offer new features through the Services, including the release of new tools and resources. These new features will also be considered part of the Services and will be subject to these Terms of Service.

 

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including any functionality embedded by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.

We will not be responsible for any harm or damage relating to your access to any third-party website, or your purchase or use of any products, services, resources or content on any third-party website. Please review the third party’s policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the third party.

 

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Shopify enables us to provide the Services. However, any sale or purchase you make in our store is made directly with Moin Café. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Moin Café, including any injury, damage or loss resulting from the purchase of products and services.

You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or relating to your purchases and transactions with Moin Café.

 

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, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve our Services. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in a country other than the one where you reside, in order to provide you with the services. Please review our Privacy Policy for more information about how we, Shopify and our partners use your personal information.

 

SECTION 11 - FEEDBACK

If you submit, upload, publish, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this licence to operate, provide, evaluate, improve, optimise and promote the Services, and to fulfil our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be under any obligation (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but are not obliged to, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, 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 infringe any third party’s rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene comments, or any computer virus or other malware that could affect the operation of the Services or any related website in any way. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no liability for any Feedback published by you or any third party.

 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information about or within the Services may contain typographical errors, inaccuracies or omissions relating 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 is inaccurate, at any time without prior notice, including after you have placed your order.

 

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulation, rule or law, or any local ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to transmit 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 arrange the sending of any advertising or promotional material, including junk mail, chain letters, spam or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that we determine may harm Moin Café, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that is or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell or exploit any part of the Services; (c) collect or track other people’s personal information; (d) spam, phish, pharm or use pretexting in connection with the Services; (e) use any robot, spider, scraping tool, data collection or extraction tool, automated device or process, artificial intelligence tool such as agentic AI, or automated or manual means to access the Services; or (f) interfere with or circumvent security or authorisation features, robot exclusion headers or other measures we use to restrict access to the Services. We reserve the right to suspend, deactivate or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.

 

SECTION 14 - AGENTS

14.1 This section (“Agent Terms”) applies if you use, permit, enable or cause the deployment of an Agent to access, use or interact with any Service. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of, or at the direction of, any person or entity, and that may run on behalf of that person or using their device 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 compliance with the requirements of 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 any Service.

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

14.4 Agents must: (i) identify in every HTTP/HTTPS request that the request comes from an Agent and disclose the Agent’s name by including “Agente/[nombre del agente]” in the request’s user-agent field; (ii) not conceal or create confusion about any access, use or interaction originating from an Agent, including by (a) imitating human behaviour and interaction patterns, or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or instruction seeking to determine whether interactions originate from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

 

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part of them, at our sole discretion at any time without prior notice. You will remain liable for all amounts owed up to and including the termination date.

The following sections will continue to apply after any 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 provided solely for general information purposes. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability arising from any reliance placed on these materials by you, any other visitor to the Services, or anyone who may be informed of any of their content.

UNLESS EXPRESSLY STATED BY MOIN CAFÉ, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER 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 DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

SECTION 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MOIN CAFÉ, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATE, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH 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 USING 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 Moin Café, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against any loss, damage, liability or claim, including lawyers’ fees, payable to any third party due to or arising from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim subject to indemnification, provided that failure to notify you promptly will not release you from your obligations unless you suffer material harm. We may control the defence and settlement of such a claim at your expense, including the choice of legal counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which will not be unreasonably withheld. You will cooperate in the defence of indemnification 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 will nevertheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed excluded from these Terms of Service. Such a determination will not affect the validity and enforceability of the remaining provisions.

 

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules published by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any previous version of these Terms of Service.

Any ambiguity in the interpretation of these Terms of Service will not be construed against the party that drafted them.

 

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, and any such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations without obtaining your consent or notifying you.

 

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with Services will be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction where Moin Café is headquartered. You and Moin Café agree to the jurisdiction and personal jurisdiction of those 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 THE 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, at our sole discretion, to update, change or replace any part of these Terms of Service by publishing updates and changes on 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 those changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the publication 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 info@moincafe.com.

Our contact information is provided below:

Business name: Moin Café
Telephone number: +34 619 62 91 41
Email address: info@moincafe.com
Address: Calle Archeros 25, 41004, Sevilla, Spain

Our contact information is posted in our contact information policy.