Terms of service

Overview

Welcome to Los Poblanos Farm Shop. “We,” “us,” and “our” refer to Los Poblanos LLLP, doing business as Los Poblanos Farm Shop (“Los Poblanos,” “LPFS”). Los Poblanos LLLP operates this store and website, including all related content, features, tools, products, and services, to provide you with a curated shopping experience (the “Services”). The Services are powered by Shopify.

These Terms of Service, together with any policies referenced here (collectively, these “Terms”), describe your rights and responsibilities when using the Services. Please read them carefully; they include important information about your legal rights and limitations on our liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy [https://shop.lospoblanos.com/policies/privacy-policy]. If you do not agree, you should not use or access our Services.

1. Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you consent to allow any minor dependents to use the Services on devices you own or manage.

To use the Services, including browsing our store or purchasing products, you may be asked to provide information such as your email address, billing details, payment information, and shipping address. You represent that all information you provide is accurate, current, and complete, and that you have the right to provide it.

You are solely responsible for the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to anyone else.

2. Our Products

We make every effort to accurately represent our products in our store. Colors and appearance may vary depending on your device and display settings, and we do not warrant that products will match what is depicted online exactly.

Product descriptions are subject to change at any time without notice. We may discontinue any product, or limit quantities offered to any person, household, geographic region, or jurisdiction, at our sole discretion, including in connection with the anti-resale measures described in Section 4 below.

3. Orders

Placing an order is an offer to purchase, not a guaranteed sale. We reserve the right to accept, decline, modify, or cancel any order for any reason, including but not limited to suspected resale activity (see Section 4), suspected fraud, pricing or inventory errors, or unusual order patterns. An order is not accepted until we confirm acceptance, and we must receive and process payment first.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests once an order has been accepted. If we decline, modify, or cancel an order, we will attempt to notify you using the contact information provided at checkout.

Purchases are subject to return or exchange solely in accordance with our Refund Policy [https://shop.lospoblanos.com/policies/refund-policy].

By placing an order, you represent and warrant that your purchase is for your own personal or household use, and not for commercial resale, distribution, or export, except as otherwise agreed with us in writing in advance.

4. Anti-Resale Policy

Personal use only. Products sold through this Services are intended for the personal or household use of the purchaser. You may not purchase products through this site for the purpose of reselling them, including, without limitation, reselling on Amazon, eBay, Walmart Marketplace, Etsy, other e-commerce marketplaces, or any other online or offline retail channel not authorized in writing by Los Poblanos.

Indicators of resale intent. We may, in our sole discretion, treat any of the following (alone or in combination) as evidence that an order is intended for resale rather than personal use:

•       Orders involving quantities of a single product or variant beyond what is reasonable for personal or household use;

•       Repeat or recurring bulk orders from the same customer, billing address, shipping address, payment method, or IP address;

•       Orders shipped to a freight forwarder, fulfillment center, commercial warehouse, or other third-party logistics address;

•       A billing or account name, email domain, or shipping address associated with a business, reseller, or known third-party marketplace seller account;

•       Any other pattern reasonably indicating the products are being purchased for resale rather than personal use.

Our rights. If we suspect, in our reasonable discretion, that an order is intended for resale, we may take any of the following actions without prior notice and without liability to you:

•       Refuse to accept, cancel, or limit the quantity of the order, with a full refund of any amount charged;

•       Cancel or restrict the customer account placing the order;

•       Block or refuse future orders from the customer, billing/shipping address, payment method, or associated accounts; and

•       Pursue any other remedy available to us at law or in equity, including enforcement against unauthorized third-party sellers under applicable trademark, brand protection, or marketplace policies.

We are not responsible for any loss, cost, or inconvenience you incur as a result of an order being refused, limited, or cancelled under this Section 4.

Nothing in this Section 4 limits our other rights under these Terms, including our rights under Section 3 (Orders) and Section 13 (Prohibited Uses).

5. Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as reflected in your order confirmation email. Unless otherwise stated, posted prices exclude taxes, shipping, handling, customs, and import charges.

Prices in our online store may differ from prices in our physical store or in stores operated by third parties. Promotional terms, where offered, govern over these Terms in the event of a conflict.

You agree to provide current, complete, and accurate payment and account information, and to promptly update it as needed so we can process your transactions and contact you. You represent and warrant that any payment information you provide is accurate and that you are authorized to use the payment method provided, and you agree to pay all charges incurred at the posted prices, including shipping, handling, and applicable taxes.

6. Shipping and Delivery

All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or other events outside our reasonable control. Once products are transferred to the carrier, title and risk of loss pass to you.

7. Intellectual Property

All content on the Services, including trademarks, text, images, graphics, product photography, reviews, video, and audio, and the design, selection, and arrangement of the foregoing, is owned by Los Poblanos, its affiliates, or licensors, and is protected by applicable intellectual property laws.

These Terms permit personal, non-commercial use of the Services only. You may not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store, scrape, or transmit any material from the Services without our prior written consent. Unauthorized use may violate applicable intellectual property law. All rights not expressly granted are reserved.

Los Poblanos’ names, logos, and trademarks may not be used without our prior written permission. Shopify’s name, logo, and trademarks belong to Shopify. All other trademarks on the Services belong to their respective owners.

8. Optional Tools

We may give you access to third-party tools that we do not monitor or control. Such tools are provided “as is” and “as available,” without warranty or endorsement of any kind, and your use of them is entirely at your own risk. We have no liability for your use of optional third-party tools, and any new tools we may introduce in the future are subject to these Terms.

9. Third-Party Links

The Services may link to third-party websites or content that we do not control and are not responsible for. If you choose to access third-party sites, you do so at your own risk, and any disputes regarding third-party products or services should be directed to that third party.

10. Relationship with Shopify

Los Poblanos is powered by Shopify, which enables us to provide the Services. Any sales you make in our store are made directly with Los Poblanos. Shopify is not responsible for any aspect of sales between you and Los Poblanos, and you release Shopify and its affiliates from all claims arising from your transactions with us.

11. Privacy Policy

All personal information we collect is subject to our Privacy Policy [https://shop.lospoblanos.com/policies/privacy-policy], and certain information may also be subject to Shopify’s Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes information about your use of the Services in order to provide and improve them. Information you submit may be shared with Shopify and other third parties, including those located outside your country of residence, in order to provide the Services to you.

12. Feedback

If you submit ideas, suggestions, reviews, or other feedback (“Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, and distribute that Feedback for any purpose, including commercial use. You represent that you own or have the rights to the Feedback you submit, that you have disclosed any compensation received for it, and that it complies with these Terms. We are under no obligation to keep Feedback confidential, compensate you for it, or respond to it, and we may remove Feedback we determine, in our sole discretion, to be unlawful, offensive, or otherwise objectionable.

13. Errors, Inaccuracies, and Omissions

Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct such errors and to change, update, or cancel orders affected by them at any time, including after an order has been submitted.

14. Prohibited Uses

You may use the Services only for lawful purposes. Among other things, you agree not to: violate any applicable law; infringe our intellectual property rights or those of others; harass, abuse, or harm any person; transmit false or misleading information; send spam or unsolicited promotional material; impersonate any person or entity; upload viruses or malicious code; scrape, mine, or extract data from the Services using bots, crawlers, or other automated tools (including AI agents); interfere with or circumvent any security or access-control measure we employ; or use the Services to purchase products for resale in violation of Section 4. We reserve the right to suspend or terminate your account at any time, without notice, if we determine you have violated these Terms.

15. Automated Agents

This section applies if you use or deploy any software (an “Agent”) that accesses or interacts with the Services autonomously or semi-autonomously on your behalf. An Agent may not access the Services unless it: (a) identifies itself as an Agent in all requests (e.g., via the user agent string, “Agent/[agent name]”); (b) does not conceal that its interactions are automated, including by mimicking human behavior or bypassing CAPTCHAs; (c) responds truthfully to any prompt asking whether the interaction is from a human or a computer; and (d) does not circumvent any measure we use to control or restrict Agent access. We may limit or block Agent access to the Services at any time.

16. Termination

We may terminate these Terms or your access to the Services at any time, in our sole discretion, without notice. You remain responsible for all amounts due as of the date of termination. Sections that by their nature should survive termination, including Intellectual Property, Anti-Resale Policy, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law, will continue to apply.

17. Disclaimer of Warranties

The Services and all products offered through them are provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

18. Limitation of Liability

To the fullest extent permitted by law, Los Poblanos, our partners, directors, officers, employees, affiliates, agents, contractors, and service providers, and those of Shopify, will not be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, or lost data, arising from your use of the Services or any product purchased through them, even if advised of the possibility of such damages.

19. Indemnification

You agree to indemnify, defend, and hold harmless Los Poblanos, Shopify, and our respective affiliates, officers, directors, employees, agents, and service providers from any claims, damages, liabilities, and reasonable attorneys’ fees arising from your breach of these Terms, your violation of any law or third-party right, or your use of the Services, including any unauthorized resale of products purchased through the Services.

20. Severability

If any provision of these Terms is found unlawful or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full effect.

21. Waiver; Entire Agreement

Our failure to enforce any provision of these Terms is not a waiver of that provision. These Terms, together with any referenced policies, constitute the entire agreement between you and us regarding the Services, superseding any prior agreements or communications.

22. Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign or transfer these Terms without notice to you.

23. Governing Law

These Terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws principles, and you consent to the personal jurisdiction and venue of the state and federal courts located in New Mexico.

24. Changes to These Terms

We may update these Terms at any time by posting changes to our website. Your continued use of the Services after changes are posted constitutes acceptance of those changes. We encourage you to review this page periodically.

25. Contact Information

Questions about these Terms should be directed to online@lospoblanos.com.

Los Poblanos LLLP
1318 4th St. NW, Albuquerque, NM 87102
(505) 308-3452