Terms of service

TERMS OF SERVICE

Overview

Welcome to the Roma Rosales store. This store is operated by Roma Rosales LLC, an Oklahoma limited liability company, which makes and sells PRESENZA handmade personal care products. The terms "we", "us" and "our" refer to Roma Rosales LLC. Roma Rosales LLC operates this store and website, store.romarosales.com, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). The store is powered by Shopify Inc., which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced in them (these "Terms of Service"), describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as product use, warranty 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 should not use or access our Services. These Terms of Service do not limit any rights you may have under applicable consumer protection laws or any other non-waivable statutory rights.

1. Access and account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including browsing our store or purchasing any of our products, you may be asked to provide certain information, such as your email address and your billing, payment and shipping information. You represent and warrant that all the information you provide is correct, current and complete, and that you have all rights necessary to provide it. You are solely responsible for maintaining the security of your account credentials and for all activity in your account. You may not transfer, sell, assign or license your account to any other person.

2. Our products

PRESENZA products are cosmetics for external use: cold-process tallow soaps and water-free whipped tallow balms for face and body. They are handmade in small batches from natural ingredients, so color, scent, texture and the look of each bar or jar may vary slightly from one batch to another and from the photos in our store. Colors may also look different depending on your device and its settings. These natural variations are not defects.

Every product page and every label lists the full ingredients. Before you buy or use a product, please read the ingredient list, especially if you have allergies or sensitive skin. We recommend testing a small amount on a small area of skin first. Stop using any product and consult a health professional if irritation or another reaction occurs. Our products are for external use only, must be kept out of reach of children and must be kept away from the eyes. They are cosmetics: they are not intended to diagnose, treat, cure or prevent any disease, and nothing in our store should be taken as medical advice.

Please follow the directions and storage instructions on each label. Store products in a cool, dry place away from direct sunlight. Our creams contain no water: keep water out of the jar and use clean, dry fingers or a spatula. The creams may soften in warm weather and set again when cool; this does not affect their quality. Every unit carries a batch code; please keep it, as it lets us trace the product if you contact us about it.

All product descriptions may change at any time without notice. We may discontinue any product at any time and may limit the quantities of any product that we offer to any person or region, on a case-by-case basis.

3. Orders

When you place an order, you are making an offer to purchase and you authorize us and our payment processors to charge your selected payment method for the total amount of your order. Roma Rosales LLC may accept or decline your order for any reason at its discretion, subject to applicable law. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as we may be unable to cancel an order once it has been accepted. If we do not accept, change or cancel an order, we may notify you by email, at your billing address and/or by phone, using the information provided with the order. Your purchases may be returned or exchanged only as set out in our Refund Policy. This does not limit any rights you may have under applicable law.

Purchases in this store are for your own personal or household use, not for commercial resale or export. Stores and businesses interested in carrying PRESENZA may write to business@romarosales.com.

4. Prices and billing

All prices are in U.S. dollars. Prices, discounts and promotions may change without notice. The price charged for a product will be the price in effect when the order is placed, as shown in your order confirmation email. Unless expressly stated otherwise, posted prices do not include sales tax or shipping and handling charges; applicable Oklahoma and other sales taxes are calculated at checkout. Prices in our online store may differ from prices offered at markets, events or other stores. From time to time we may offer promotions governed by their own terms; if those terms conflict with these Terms of Service, the promotion terms govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases, and to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed. You represent and warrant that (1) you are authorized to use the payment method you provide, (2) the information you provide for that payment method is true, correct and complete, (3) charges you incur will be honored by the provider of your payment method, and (4) you will pay the charges you incur at the posted prices, including shipping and handling charges and all applicable taxes.

5. Shipping and delivery

We currently ship only to addresses in the United States. All delivery times are estimates only and are not guaranteed. To the fullest extent permitted by applicable law, title and risk of loss pass to you when we transfer the products to the carrier. We are not responsible for delays caused by shipping carriers or by events beyond our reasonable control, including natural disasters, severe weather, labor disputes, supply shortages, utility or telecommunications outages, cyber incidents, governmental actions or similar events. If your order arrives damaged, incomplete or incorrect, please contact us as described in our Shipping Policy and Refund Policy.

6. Intellectual property

Our Services, including all trademarks, brands, text, images, graphics, product reviews, video and audio, are owned by Roma Rosales LLC, its affiliates or licensors, and are protected by U.S. and foreign trademark, copyright and other intellectual property laws. The product listings are managed and owned by Roma Rosales LLC. The purchase or delivery of any product does not grant any intellectual property rights in or to the product, its design or its formula. All such rights remain exclusively with Roma Rosales LLC or the original rights holder. These Terms of Service 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, republish, download, store or transmit any material on the Services without our prior written consent.

The names PRESENZA and Roma Rosales, their logos, the slogan "Be present." and our product names and designs are trademarks of Roma Rosales LLC. You must not use them without our 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 on the Services are the trademarks of their respective owners. All rights not expressly granted in these Terms of Service are reserved by Roma Rosales LLC.

7. Optional tools

You may be given access to customer tools offered by third parties 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 such tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We have no liability arising from or relating to your use of optional third-party tools. Any use of them is entirely at your own risk and discretion, and you should make sure you know and approve the terms on which they are provided by the relevant third party. New features we may offer in the future are also part of the Services and subject to these Terms of Service.

8. Third-party links

The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you leave the Services to access them, you do so at your own risk, and we are not liable for any harm or damages related to your access to or purchases from any third-party website. Please review the third party's policies and practices carefully before you engage in any transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the third party.

9. Relationship with Shopify

This store is powered by Shopify, which enables us to provide the Services to you. When you use the Services, your device communicates with Shopify's systems to deliver the Services. Section 10 explains how Shopify uses and processes information from these interactions. However, any sales and purchases you make in our store are made directly with Roma Rosales LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Roma Rosales LLC, including any injury, damage or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Roma Rosales LLC.

10. Privacy policy

Our Privacy Policy explains how we may collect, use and disclose certain personal information from your use of the Services. By using the Services, you acknowledge that you have read our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects, uses, processes and stores personal information about your access to and use of the Services, including information about your transactions, as you browse and interact with them. Shopify may use this information to provide, secure and improve the Services, to process transactions and to help prevent fraud on this website and on other websites powered by Shopify. Information collected when you visit or use the Services, including information collected automatically about your browsing activity, will be transmitted to and shared with Shopify and with third parties that may be located in other countries, in order to provide services to you. Please review our Privacy Policy and Shopify's privacy policy for more details.

11. Feedback and reviews

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use, for example to operate, evaluate, improve and promote the Services. You represent and warrant that (1) you own or have all necessary rights to your Feedback; (2) you have disclosed any compensation or incentives received in connection with it; and (3) it complies with these Terms of Service. We have no obligation to keep your Feedback confidential, to pay compensation for it or to respond to it. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service. Your Feedback must not violate any right of any third party, must not contain unlawful, abusive or obscene content or any malware, and must not use a false email address or mislead anyone about its origin. Reviews must describe your own honest experience with our products. You are solely responsible for your Feedback and its accuracy.

12. Errors, inaccuracies and omissions

Information on the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, and to cancel orders if information is inaccurate, including after an order is submitted. If we cancel an order after payment has been collected, we will issue a full refund for it.

13. Prohibited uses

13.1 You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state or local law, rule or regulation; (c) to infringe our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate any of our team members or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms of Service; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam" or 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, as determined by us, may harm Roma Rosales LLC, Shopify or users of the Services, or expose them to liability.

13.2 In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services; (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, scraping, data gathering or extraction tool, automatic device or process, AI tool (such as agentic AI) or other automated or manual means to access the Services; or (f) interfere with, bypass or circumvent the security or authorization features, robot exclusion headers or other measures we use to restrict access to the Services. We may suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms of Service.

14. Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on behalf of or using a 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 accordance with section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have asked that Agent to refrain from doing so.

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

14.4 Agents must: (a) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including "Agent/[agent name]" in the request's user agent string; (b) not conceal or obscure that any access, use or interaction is from an Agent, for example by mimicking human behavior and interaction patterns or by completing or circumventing CAPTCHAs or other measures intended to distinguish computers from humans; (c) respond truthfully to any question or prompt seeking to determine whether interactions come from a human or a computer; and (d) 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.

15. Termination

We may terminate this agreement or your access to the Services (or any part of them) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections continue to apply after any termination: Intellectual property, Feedback and reviews, 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.

16. Disclaimer of warranties

The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on it is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY ROMA ROSALES LLC, 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 GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY PRODUCT WILL BE SUITABLE FOR YOUR SKIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

17. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL ROMA ROSALES LLC, ITS MEMBERS, PARTNERS, 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, LOSS OF 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 PROCURED USING THE SERVICES, INCLUDING USE CONTRARY TO A PRODUCT'S DIRECTIONS OR WARNINGS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTHING IN THESE TERMS OF SERVICE EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification

You agree to indemnify, defend and hold harmless Roma Rosales LLC, Shopify and our affiliates, partners, officers, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to 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, although a failure to notify promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such a claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

19. Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service without affecting the validity and enforceability of the remaining provisions. Nothing in these Terms of Service limits any rights you may have under applicable consumer protection laws or other laws that cannot be waived by contract. If any part of these Terms of Service conflicts with those rights, those rights will apply.

20. Waiver; entire agreement

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision. These Terms of Service and any policies or operating rules posted by us in this store constitute the entire agreement and understanding between you and us, govern your use of the Services, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of these Terms of Service. Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

21. Assignment

You may not delegate, transfer or assign these Terms of Service or any of your rights or obligations under them without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms of Service and our rights and obligations without consent or notice to you.

22. Governing law

These Terms of Service are governed by the laws of the State of Oklahoma, United States, without regard to conflict-of-law principles. You and Roma Rosales LLC consent to the jurisdiction and venue of the state and federal courts located in Tulsa County, Oklahoma, except where prohibited by applicable law. Nothing in this section limits any right you may have to bring claims in your local courts or to rely on mandatory laws that apply where you live.

23. Translations

These Terms of Service may be available in languages other than English. If there is any inconsistency or conflict between these English Terms of Service and a version in another language, the most current English version will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Roma Rosales LLC in its sole discretion or required by applicable law.

24. Headings

The headings used in these Terms of Service are included for convenience only and do not limit or otherwise affect them.

25. Electronic communications

By using the Services or placing an order, you agree that we may send you transactional and service-related communications electronically, including by email, by notice in your account or by posting on the Services. These communications may relate to your orders, account, purchases, returns, these Terms of Service or other matters related to the Services. You are responsible for keeping your contact information current.

26. Changes to the Terms of Service

You can review the most current version of these Terms of Service at any time on this page. We may, in our sole discretion, update, change or replace any part of these Terms of Service by posting updates and changes in our store. It is your responsibility to check this page periodically for changes. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services after any changes are posted constitutes acceptance of those changes.

27. Contact information

Questions about these Terms of Service should be sent to info@romarosales.com.

Roma Rosales LLC
Tulsa, Oklahoma, United States
info@romarosales.com
store.romarosales.com

Our full contact information is posted in our Contact Information policy.