Términos del servicio
Terms of service. These terms of service (these "Terms") govern your use of www.modismo.store and any related pages, emails and services (the "Site") and your purchase of products from Modismo, Co., a Delaware corporation ("Modismo", "we" or "us"). By using the Site or placing an order, you agree to these Terms. If you don't agree, please don't use the Site.
PLEASE READ SECTION 13 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES CLASS ACTIONS. YOU MAY OPT OUT AS DESCRIBED IN SECTION 13.
1. Eligibility. You must be at least 18 years old, or the age of majority where you live, to place an order. By placing an order, you confirm that you are.
2. Other policies. Our Shipping Policy, Refund Policy and Privacy Policy are part of these Terms. If they conflict with these Terms, the more specific policy controls for its subject.
3. Orders. Your order is an offer to buy the products in it. We accept your order when we confirm it by email or charge your payment method, whichever comes first. We may decline or cancel any order, or limit quantities, for any reason, including suspected fraud, resale, an error in price or description, or our inability to produce the item. If we cancel an order after charging you, we'll refund the full amount you paid.
4. Made to order; ship dates. Our products are printed to order by a third-party production partner after you buy them. Ship dates and delivery dates shown on the Site are good-faith estimates, not guarantees. Our Shipping Policy and Refund Policy describe what happens if we miss an estimated ship date.
5. Prices, taxes and payment. Prices are in U.S. dollars and may change at any time before we accept your order. Applicable taxes and shipping charges are shown at checkout. If a product is listed at an incorrect price because of an error, we may cancel the order and refund you, even after we have accepted it. Payments are processed by our payment providers under their own terms, and we don't receive or store your full card number.
6. Product descriptions. We try to describe and display our products accurately. Images, including illustrations and mockups, show how a product is intended to look; actual colors, print placement and dimensions may vary because of your screen and the made-to-order process. Sizes and fit vary by garment.
7. Title and risk of loss. Title to and risk of loss for products pass to you when we deliver them to the carrier. Our Refund Policy describes how we handle packages lost or damaged in transit.
8. The sayings. Our products carry expressions that may be idiomatic, literal, ambiguous or meaningless, and we offer no interpretation of them. You're responsible for how you wear them and where.
9. Intellectual property. The Site and its content, including our name, the Modismo mark, designs, artwork, text and images, belong to Modismo or its licensors and are protected by intellectual property laws. Buying a product gives you the right to own and use that product, not a license to reproduce or sell its designs. You may not copy, modify, distribute, sell or create derivative works from any part of the Site or our designs without our written permission.
10. Using the Site. You agree not to use the Site to break the law; to interfere with the Site or its security; to use bots, scrapers or other automated means to access the Site or buy products, other than standard search engine indexing; to place orders for resale without our consent; or to submit content that is unlawful, infringing or harmful. If you send us comments, ideas or other feedback, we may use them without obligation to you.
11. Disclaimers. EXCEPT AS EXPRESSLY STATED IN OUR REFUND POLICY, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND OUR PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON'T WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. SOME JURISDICTIONS DON'T ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY LAW, (A) MODISMO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE, OUR PRODUCTS OR THESE TERMS, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, OUR PRODUCTS OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE PRODUCTS GIVING RISE TO THE CLAIM AND $100. THESE LIMITS DON'T APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW.
13. Disputes; arbitration; class action waiver.
(a) Informal resolution first. Before starting arbitration or a small claims case, you and we each agree to send the other a written description of the dispute and to try in good faith to resolve it for at least 30 days. Notices to us go to hola@modismo.store and to the mailing address below.
(b) Arbitration. Any dispute, claim or controversy arising out of or relating to these Terms, the Site or our products (a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except as stated below. The arbitrator, not a court, decides questions about the scope, applicability and enforceability of this Section 13, except that a court decides questions about Section 13(d). The arbitration may be held by video or in the county where you live. Filing, administrative and arbitrator fees are allocated as the Consumer Arbitration Rules provide. This agreement to arbitrate is governed by the Federal Arbitration Act.
(c) Exceptions. Either of us may bring an individual claim in small claims court if it qualifies. Either of us may also seek relief in court to stop infringement or misuse of intellectual property.
(d) Class action waiver. YOU AND WE MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR AWARD RELIEF TO ANYONE OTHER THAN THE INDIVIDUAL PARTY. If this Section 13(d) is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and decided by a court after the individual arbitration ends, and the rest of this Section 13 still applies.
(e) Opt-out. You may opt out of this Section 13 by emailing hola@modismo.store within 30 days after you first accept these Terms, with your name, the email address you used with us and a statement that you are opting out of arbitration. Opting out doesn't affect the rest of these Terms.
(f) Court. Any Dispute that isn't arbitrated will be brought only in the state or federal courts located in the State of Delaware, unless the law where you live gives you the right to bring it in your home courts, and you and we consent to personal jurisdiction there.
14. Governing law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except that consumer protection laws of the place where you live apply to the extent they cannot be waived by agreement.
15. Indemnity. To the extent permitted by law, you agree to indemnify and hold harmless Modismo and its officers, directors, employees and contractors from third-party claims, losses and expenses, including reasonable attorneys' fees, arising out of your breach of these Terms or your misuse of the Site.
16. Changes. We may update these Terms from time to time by posting a new version on the Site with a new "last updated" date. Changes apply to orders placed and use of the Site after they are posted. The Terms in effect when you place an order apply to that order.
17. General. If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. Events beyond our reasonable control, including delays by our suppliers, production partners and carriers, excuse delays in our performance while they last, subject to your cancellation rights in our Refund Policy. These Terms, together with the policies listed in Section 2, are the entire agreement between you and us about their subject.
18. Contact. Modismo, Co., 28 Geary St, Suite 650 #5108, San Francisco, CA 94108. Email: hola@modismo.store.
Last updated: October 30, 2026.