General Information

Welcome to Madre Tierra Setas Exóticas S.L.! The terms "we", "us" and "our" refer to Madre Tierra Setas Exóticas S.L. Madre Tierra Setas Exóticas S.L. operates this store and website, including all information, content, features, tools, products and related services to provide you, the customer, with a curated shopping experience (the "Services"). Madre Tierra Setas Exóticas S.L. uses Shopify technology, which enables us to provide you with the Services.

The following terms and conditions, together with any policies referenced 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 contain important information about your legal rights and cover areas such as warranty, disclaimer and limitation 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 with these Terms of Service or Privacy Policy, you must not use or access our Services.

Section 1 — Access and Account

By accepting these Terms of Service, you represent that you are at least the 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 you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the 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 necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and 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 as accurately as possible in our online store. However, please note that colours or product appearance may differ from how they are 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 how it is shown or presented in our online stores.

All product descriptions may be modified at any time without 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 individual, geographic region or jurisdiction.

Section 3 — Orders

When you place an order, you are making an offer to purchase. Madre Tierra Setas Exóticas S.L. reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until Madre Tierra Setas Exóticas S.L. confirms its acceptance. We must receive and process your payment before accepting your order. You should review your orders carefully before completing a purchase, as Madre Tierra Setas Exóticas S.L. may not be able to process a cancellation request once an order has been accepted. In the event that we do not accept, modify or cancel an order, we will endeavour to notify you by contacting you via the email address, billing address or phone number you provided at the time the order was placed.

You may only return or make changes to your purchase in accordance with our refund policy.

You represent and warrant that your purchase is for personal or domestic use only 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 stated in the order confirmation sent to you by email. 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 prices offered in physical stores or in online or other stores operated by third parties. We may, from time to time, offer promotions through the Services that may affect pricing strategies and that 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 terms of the promotion shall 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 necessary.

You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) charges incurred by you will be accepted by your credit card company and (iv) you will pay the charges incurred by you at the published prices, including all applicable shipping, handling and tax charges, 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 liable for delays caused by the carrier, customs procedures or events beyond our control. Once we transfer products to the carrier, title and risk of loss pass to you.

Section 6 — Intellectual Property

Our Services, including but not limited to all trademarks, marks, texts, samples, images, graphics, product reviews, videos and audio, and the design, selection and arrangement thereof, are the property of Madre Tierra Setas Exóticas S.L., its affiliates or licensors and are protected by copyright and other applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, 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 shall be construed as granting you a licence or other rights under any patent, trademark, copyright or other intellectual property of Madre Tierra Setas Exóticas S.L., Shopify or any third party. Unauthorised use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Madre Tierra Setas Exóticas S.L.

The names, logos, product and service names, designs and slogans of Madre Tierra Setas Exóticas S.L. are trademarks of Madre Tierra Setas Exóticas S.L. or its affiliates or licensors. You must not use such trademarks without the prior written permission of Madre Tierra Setas Exóticas S.L. The name, logo, product and service names, designs and slogans of Shopify 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 provided with access to third-party tools as part of the Services, which we do not monitor and over which we have no control or input.

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 relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the Services 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 providers.

We may also, in the future, offer new features through the Services (including the launch 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 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 material or website you choose to access. If you choose to leave the Services to access such third-party materials or sites, you do so at your own risk.

We will not be liable for any damages or harm related to your access to any third-party website, or your purchase or use of any product, service, resource or content on any third-party website. Please carefully review the policies and practices of any third party and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

Section 9 — Relationship with Shopify

Madre Tierra Setas Exóticas S.L. operates using Shopify technology, which enables us to provide you with the Services. However, any sale or purchase you make in our store is made directly with Madre Tierra Setas Exóticas S.L. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Madre Tierra Setas Exóticas S.L., 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 liability arising from or related to your purchase and transaction with Madre Tierra Setas Exóticas S.L.

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 the Shopify Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.

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 our Services. Information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in a country other than where you reside, for the purpose of providing 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 — Comments

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively referred to as "comments"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such comments in any medium for any purpose, including commercial use.

You also represent and warrant that: (i) you own or have all necessary rights over all comments; (ii) you have disclosed any compensation or incentive received in connection with the submission of your comment; and (iii) your comments comply with these Terms. We have no obligation to (1) maintain any comment in confidence; (2) pay compensation for any comment; or (3) respond to any comment.

We may, but are not obligated to, monitor, edit or remove comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party's intellectual property or these Terms of Service.

You agree that your comments will not infringe any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, nor will they 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 mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments 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 strategies, 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 illegal or malicious purpose; (b) to infringe any applicable international, European, national or local regulation, rule or law; (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 discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any unsolicited advertising or promotional material, including any "junk mail", "chain letter", "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 which may harm Madre Tierra Setas Exóticas S.L., 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; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext the Services; (e) use any robot, spider, scraper, data collection and extraction tools, automated devices or processes, artificial intelligence tools or automated means to access the Services; or (f) interfere with, circumvent or bypass the security or authorisation features or other measures we employ 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 breached 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 instruction of any person or entity, and that may run on behalf of or using that person's 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. Furthermore, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from doing so.

14.3 We may limit, including through technical measures, the access, use and interaction of any Agent with the Services.

14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request comes from an Agent and disclose the Agent's name by including the following in the user-agent field string of the request: "Agent/[agent name]"; (ii) not conceal or create confusion about the fact that any access, use or interaction comes from an Agent; (iii) truthfully respond to any question or instruction seeking to determine whether interactions come from a human or a computer; (iv) not circumvent or otherwise avoid any measure designed to block, limit, modify or control whether 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 thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts owing up to and including the date of termination.

The following sections will survive any termination: Intellectual Property, Comments, 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 for general informational purposes only. 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.

UNLESS EXPRESSLY STATED BY MADRE TIERRA SETAS EXÓTICAS S.L., 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 WARRANT, REPRESENT OR GUARANTEE 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 MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MADRE TIERRA SETAS EXÓTICAS S.L., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 PRODUCTS PURCHASED 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

Section 18 — Indemnification

You agree to indemnify, defend and hold harmless Madre Tierra Setas Exóticas S.L., Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, made by any third party due to or arising out of (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 indemnifiable claim, provided that failure to notify you promptly will not release you from your obligations unless you suffer material prejudice as a result. We may control the defence and settlement of any such 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. You will cooperate in the defence of indemnification claims, including by providing relevant documents.

Section 19 — Severability

In the event that 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 and any policies or operating rules posted by us on this site or with respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

Any ambiguity 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, and any such attempt shall be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

Section 22 — Governing Law and Jurisdiction

These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with Spanish law and applicable European Union regulations. For the resolution of any dispute arising from these Terms, you and Madre Tierra Setas Exóticas S.L. expressly submit to the jurisdiction of the Courts and Tribunals of Santa Cruz de Tenerife, waiving any other jurisdiction that may apply to them.

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 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 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 the Terms of Service should be sent to Anna@setasmadretierra.com.

Our contact information is as follows:

Madre Tierra Setas Exóticas S.L.
CIF: B76810993
Camino Tazana 25, 38434 Icod de los Vinos, Santa Cruz de Tenerife, Spain
📧 Anna@setasmadretierra.com
📞 +34 637 14 26 56
🌐 setasmadretierra.com