Terms of service

Last updated: April 21, 2026

Overview

Welcome to Kissed by the Sun! The terms "we", "us" and "our" refer to Kissed by the Sun. We operate this store and website to provide you with a curated shopping experience (the "Services"). Kissed by the Sun is powered by Shopify, which enables us to provide these Services to you.

By visiting or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. Please read these Terms carefully as they include important information about your legal rights, including warranty disclaimers and limitations of liability.

Section 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. You are responsible for maintaining the security of your account credentials and all account activity. You warrant that all information provided (email, billing, and shipping details) is correct, current, and complete.

Section 2 - Our Products

We strive for accurate representation, but colors and appearance may differ based on your device settings. We do not warrant that the quality of products will meet your expectations. Descriptions and pricing are subject to change without notice at our sole discretion.

Section 3 - Orders

Placing an order is an offer to purchase. We reserve the right to decline or cancel any order at our discretion. Orders are subject to return or exchange solely in accordance with our Refund Policy. You warrant that purchases are for personal or household use only and not for commercial resale.

Section 4 - Prices and Billing

Posted prices do not include taxes, shipping, or import charges unless stated. You agree to provide current, complete, and accurate purchase and account information and to promptly update your details (including credit card numbers and expiration dates) so we can complete your transactions.

Section 5 - Shipping and Delivery

All delivery times are estimates and are not guaranteed. We are not liable for delays caused by carriers or customs. Once products are transferred to the carrier, title and risk of loss pass to you.

Section 6 - Intellectual Property

All trademarks, text, images, and designs are owned by Kissed by the Sun, its affiliates, or licensors. You may use the Services for personal, non-commercial use only. Unauthorized reproduction, distribution, or transmission of any material is strictly prohibited.

Section 7 & 8 - Optional Tools and Third-Party Links

We may provide access to third-party tools "as is" without warranties. We are not responsible for the content or accuracy of third-party websites or materials. Accessing third-party links is done entirely at your own risk.

Section 9 - Relationship with Shopify

Kissed by the Sun is powered by Shopify. You acknowledge that Shopify is not responsible for any aspect of sales between you and Kissed by the Sun. You hereby expressly release Shopify and its affiliates from all claims and liabilities arising from your transactions with us.

Section 10 - Privacy Policy

All personal information is subject to our Privacy Policy. Because our Services are hosted by Shopify, your information will be shared with Shopify to provide and improve Services, which may include data transfer to countries other than where you reside.

Section 11 - Feedback and Reviews

If you submit ideas or reviews ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, and distribute such content. We are under no obligation to maintain feedback in confidence or pay compensation.

Section 12 & 13 - Errors and Prohibited Uses

We reserve the right to correct typographical errors or inaccuracies even after an order is submitted. You are prohibited from using the site for unlawful purposes, to infringe on IP rights, to harass others, or to interfere with security features. This includes a ban on scraping, robots, and AI tools except as permitted under Section 14.

Section 14 - Agents

If you deploy an Agent (autonomous software) to interact with our Services, it must:

  • Identify itself in HTTPS requests as "Agent/[agent name]".
  • Not conceal that interactions are from an Agent or mimic human behavior to bypass CAPTCHAs.
  • Respond truthfully to questions determining if interactions are human or computer-based.
  • Not circumvent any technical measures intended to limit Agent access.

Section 15, 16 & 17 - Termination, Warranty Disclaimers, and Liability

Disclaimer: EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED 'AS IS' WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability: TO THE FULLEST EXTENT PROVIDED BY LAW, KISSED BY THE SUN AND SHOPIFY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICES.

Section 18 - Indemnification

You agree to indemnify and hold harmless Kissed by the Sun and Shopify from any claims or attorneys' fees arising out of your breach of these Terms or your violation of any law or the rights of a third party.

Section 19 - 24 - General Legal Terms

  • Severability: If any provision is deemed unenforceable, the remaining terms remain in effect.
  • Governing Law: These Terms are governed by the laws of the jurisdiction where Kissed by the Sun is headquartered.
  • Changes: We reserve the right to update these Terms. Your continued use of the site constitutes acceptance of any changes.

Section 25 - Contact Information

Questions about the Terms of Service should be sent to us at:

Trading Name: Kissed by the Sun
Email: brenda.arce@gmail.com
Address: 2 NW 108th St, Miami Shores, FL, 33168, US