Terms of use
INTRODUCTION
This website is operated by Zoe Sofia. Throughout the site, the terms “we”, “us” and “our” refer to Zoe Sofia. Zoe Sofia offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you are engaging in our “Service” and agree to be bound by the following Terms and Conditions of Use (“Terms of Service”, “Terms”), including any additional Terms and Conditions of Use and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, but not limited to, users who are browsers, service providers, customers, merchants and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the Terms of Service in this agreement, you may not access the website or use the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Each tool or feature added to the current store is also subject to the Terms of Service. You can view the most recent version of the Terms of Service on this page at any time. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - SHOPIFY TERMS OF SERVICE
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence, and that you have given us your consent to allow any minor dependent of yours to use this site.
You may not use our products for any illegal or unauthorized purpose, and you may not, in the course of using the service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You may not, under any circumstances, transmit any worms, viruses or code of a destructive nature.
Failure to comply with or breach of any of the Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over different networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of the Service or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this Agreement are for convenience only and are not intended to limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for the accuracy, completeness or timeliness of the information provided on this site. The content of this site is provided for general information purposes only and should not be used as the sole basis for any decision without consulting primary, more accurate, complete or timely sources of information. Any use of the content on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.
SECTION 4 - SERVICE AND PRICE CHANGES
Prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online, on the website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our refund policy: [LINK TO REFUND POLICY].
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the colors displayed on your computer screen will be accurate.
We reserve the right, but are not obliged, to restrict sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or Service we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer of products or services on this site is void where prohibited.
We do not warrant that the quality of products, services, information or other items purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event of an order change or cancellation, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of ordering. We reserve the right to limit or prohibit orders which, in our sole judgment, appear to be placed by traders, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made from our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we may process your transactions and contact you if necessary.
For more details, please consult our refund policy: [LINK TO REFUND POLICY].
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not control and over which we have no control.
You acknowledge and agree that we provide access to these tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible for your use of any third-party optional tools.
Any use by you of optional tools offered by the Site is entirely at your own risk and you must ensure that you are aware of and agree to the terms and conditions under which the tools are provided by the relevant third party supplier(s).
We may also, in the future, offer new Services and/or features through the website (including the provision of new tools and resources). Such new features and/or Services will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available through our Service may include materials from third parties.
Third-party links on this Site may direct you to third-party web sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and shall have no liability for any third-party materials or web sites, or any other third-party materials, products or Services.
We are not responsible for any harm or damage related to the purchase or use of goods, Services, resources, content or any other transactions conducted in connection with third-party websites. Please review the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the relevant third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (e.g., contest entries) or, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by postal mail or otherwise (collectively, “Feedback”), you agree that we may, at any time and without restriction, modify, copy, publish, distribute, translate and use in any way, in any media, the Feedback you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay any compensation for any comments, or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party's intellectual property or these Terms of Service.
You agree that your Comments do not violate any right of any third party, including copyright, trademark, privacy, publicity or any other personal or proprietary right. You also agree that your Comments do not contain any defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malicious software that may in any way affect the operation of the Service or any related web site. You may not use a false e-mail address, impersonate any person or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for the comments you write and their accuracy. We assume no responsibility for comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
The submission of personal information through the Shop is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions which may relate to product descriptions, prices, 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 on the Service or any related website is inaccurate, at any time and without notice (including after you submit your order).
We are under no obligation to update, modify or clarify any information contained in the Service or on any related website, including but not limited to pricing information, except as required by law. No update or refresh date specified in the Service or on any related website shall be deemed to indicate that any information contained in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to solicit others to perform or participate in illegal acts; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, hurt, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to import or transmit viruses or any other type of malicious code that will or may be used in a manner that affects the functionality or operation of the Service or any related web site, other web sites or the Internet; (h) to collect or track the personal information of others; (i) for purposes of spamming, phishing, pharming, pretexting, spidering, crawling or scrapping; (j) for obscene or immoral purposes; or (k) for purposes of interfering with or circumventing the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related web site if you violate any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
We do not warrant that use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may withdraw the Service for indefinite periods or cancel it at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services provided to you through the Service are (unless expressly stated otherwise by us) provided “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either express or implied, including without limitation all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Zoe Sofia, our directors, officers, employees, affiliates, agents, subcontractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or damage, 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 other similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Service or any product obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in the content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) displayed, transmitted or made available through the Service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the fullest extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Zoe Sofia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, subcontractors, licensors, service providers, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service shall be deemed 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 decision not affecting the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms of Service are valid until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we believe that you are in breach of, or suspect that you have breached, any of the terms or provisions of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may consequently deny you access to our Services (or any part thereof).
SECTION 17 - 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 operating policies or rules we post on this site or regarding the Service constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, all prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 18 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You may 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, modify or replace any part of these Terms of Service by posting updates and modifications on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions regarding the Terms of Service should be directed to us at info@zoesofiashop.com.
Our contact details are shown below:
[INSERT BUSINESS NAME]
info@zoesofiashop.com
[INSERT BUSINESS ADDRESS]
[INSERT COMPANY TELEPHONE NUMBER]
[INSERT COMPANY REGISTRATION NUMBER]
[INSERT VAT NUMBER]. Welcome to the Zoe Sofia website. These terms of use (“Terms”) govern your access to and use of the Zoe Sofia website and online store (collectively, the “Site”). Please read these Terms carefully before using the Site.
1. Acceptance of Terms
By using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use the Site.
2. Eligibility
The Site is intended for persons 18 years of age or older. By using the Site, you represent and warrant that you are at least 18 years of age and capable of entering into legally binding contracts.
3. Intellectual property rights
All content on the Site, including text, images, logos, graphics, videos and designs, is the exclusive property of Zoe Sofia or its licensors and is protected by copyright and other intellectual property laws. You agree not to copy, reproduce, distribute, modify, display or exploit in any way the content of the Site without the prior written permission ofZoe Sofia.
4. Use of the Site
You are authorized to use the Site solely for personal, non-commercial purposes and in accordance with these Terms. You may not use the Site to:
- Violate any applicable law or regulation
- Post or transmit content that is unlawful, libelous, defamatory, obscene, discriminatory or otherwise inappropriate.
- Harass, threaten or harm others
- Impersonate another person or falsify your identity
- Interfere with the normal operation of the Site or attempt to gain unauthorized access to our systems or networks.
5. Purchase of products
When you purchase products on the Site, you agree to provide true, accurate and complete information about yourself and to update this information if it changes. You also agree to pay all charges applicable to the products you purchase, including taxes and shipping charges.
We reserve the right to accept, refuse or cancel any order at our discretion. If we cancel an order after your credit card has been charged, we shall refund the amount charged.
6. Links to other sites
The Site may contain links to third-party Web sites. These links are provided solely for your convenience and do not constitute an endorsement, sponsorship or affiliation with these sites. Zoe Sofia is not responsible for the content or practices of such sites and makes no representations or warranties regarding them.
7. Limitation of liability
In no event shall Zoe Sofia, its officers, employees, agents, suppliers or partners be liable for any damages whatsoever resulting from the use of, or inability to use, this site.