Terms of service
Welcome to Velvet . The terms "we" and "our" refer to Velvet . Velvet operates this store and website, including all information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the "Services"). Velvet is powered by Shopify technology that enables us to provide the Services.
The following terms and conditions, and all policies referenced therein ("Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By viewing, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service and the Privacy Policy, you must not use 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 the state or province in which you reside and that you have given us your consent to allow any minors in your care to use the Services on devices that you own, purchase, or operate.
To use the services, including accessing our online stores, browsing them, or purchasing any product or service we offer, you may be asked to provide certain information, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and all activity under your account. You may not transfer, sell, or assign your account to another person, nor may you grant any licenses linked to that account.
SECTION 2: OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of the product may differ from how they appear 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 the products or services you purchase will meet your expectations or be identical to those shown in our online stores.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of products we offer to any person, geographic region, or jurisdiction as the case may be.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. Velvet reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Velvet confirms acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before submission, as Velvet may not be able to accommodate cancellation requests once an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, or phone number you provided when placing the order.
Your purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are solely for personal or household use and not for resale or export for commercial purposes.
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 email you receive. Unless expressly stated otherwise, published prices do not include taxes, shipping, order handling, customs clearance, or import duties.
Prices displayed on our online stores may differ from those offered in physical stores, online stores, or other third-party-operated locations. From time to time, we may offer promotions for the Services that may affect prices and are governed by terms and conditions different from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account information and other details, such as your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provided is true, correct, and complete; that (ii) you are properly authorized to use such credit card for the purchase; that (iii) your credit card company will cover the charges you incur; and that (iv) you will pay the charges you incur at the published prices, including shipping, order handling, and applicable taxes, if any.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping companies, customs processing, or events beyond our control. Once we deliver the products to the shipping company, ownership and risk pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, but not limited to, trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Velvet , its affiliates or licensors and are protected by United States and foreign copyright and other intellectual property laws.
These terms permit you to use the Services solely for your personal, non-commercial purposes. You may not reproduce, distribute, modify, copy into derivative works, publicly display, include in public demonstrations, republish, download, store, or transmit the material included in the Services without our prior written consent. Unless expressly stated herein, nothing in these Terms grants or shall be construed as granting a license or any other right to you in any patents, trademarks, copyrights, or other intellectual property of Velvet , Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Velvet reserves all rights not expressly granted herein.
Velvet 's names, logos, product and service names, designs, and slogans are trademarks of Velvet , its affiliates, or its licensors. You may not use these trademarks without Velvet 's prior written consent. 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 of the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be given access to third-party client tools over which we have no supervision, control, or collaboration.
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 endorsement. We will not assume any liability arising from your use of optional third-party tools.
At your sole discretion, you assume the risk for your use of optional third-party tools offered through the site, and you should ensure that you know and approve the terms under which the third-party providers offer the tools.
We may, in the future, also offer new features through the Services (including the release of new tools and resources). These new features should also be considered part of the Services and will 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 embedded third-party functionality). We are not responsible for examining or evaluating, or for the accuracy of, any third-party materials or websites you choose to access. If you choose to leave the Services to access these materials or third-party websites, you do so at your own risk.
We are not responsible for any harm or damage related to your access to third-party websites or your purchase or use of products, services, or resources from third-party websites. Please carefully review the third party's policies and practices and ensure 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
[NOTE TO MERCHANT: This section accurately describes Shopify's relationship with your store and should not be deleted or modified.]
Velvet uses Shopify technology, which allows us to provide the Services. However, any sales and purchases you make on our store are conducted directly with Velvet . By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Velvet , including injuries, damages, or losses resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or related to your purchases and transactions with Velvet .
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted on Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you. For the purpose of providing you with services, information you submit to the Services will be transmitted to and shared with Shopify and third parties, including those located in countries where you do not reside. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].
SECTION 11: COMMENTS
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, the "Comments"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any media and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under the Terms of Service.
You also represent and warrant that: (i) you own all necessary rights to all Comments; (ii) you disclosed any compensation or incentive received in connection with your submission of the Comments; and (iii) your Comments will comply with these Terms. We are and shall be under no obligation to (1) treat your Comments as confidential; (2) provide compensation for your Comments; or (3) respond to your Comments.
We may, without any obligation to do so, monitor, edit, or remove Comments that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that constitute a violation of any party's intellectual property or these Terms of Service.
You agree that your Comments will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also agree that your Comments will not contain libelous, illegal, abusive, or obscene remarks, or computer viruses 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, impersonate any person, or otherwise mislead us or any third party as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We are not responsible for Comments posted by you or any third party.
SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information about or within the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, 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 due to any inaccuracies in the information, at any time, without prior notice (even 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 violate any international, federal, provincial, or state regulations, laws, or local ordinances; (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, or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of "spam," "chain letters," "junk mail," or any other similar content; (h) to impersonate or attempt to impersonate any other person or entity; (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, as we determine, may harm Velvet , Shopify or users of the Services, or expose them to liability.
You also agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or provision of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, engage in phishing, commit pharmaceutical fraud, engage in fraudulent staging, commit spidering, or engage in web scraping or crawling; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, deactivate, or terminate your account at any time without prior notice if we determine that you have violated any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or discontinue your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and your liability for all amounts due up to and including the date of termination may remain in effect.
The following sections will continue in effect after termination: Intellectual Property, Comments, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature survive termination.
SECTION 15: WARRANTY DISCLAIMER
The information presented on or through the Services is provided for general information purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is entirely at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any visitor to the Services, or by any person who may become aware of their content.
UNLESS EXPRESSLY STATED BY Velvet , THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOU WILL BE ABLE TO USE THE SERVICES UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Velvet , 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, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR OTHER LAW. (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICES, EVEN WITH ADVICE OF THE POSSIBILITY OF SUCH OCCURS.
SECTION 17: COMPENSATION
You agree to indemnify, defend, and hold harmless Velvet , Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims, including the cost of reasonable attorney's fees, payable to any third party arising out of or relating to (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, with the understanding that failure to provide timely notification will not relieve you of your obligations unless you have suffered significant damages. We may control the defense and settlement of such a claim at your expense, including the choice of counsel, but we will not settle claims that impose non-monetary obligations on you without your consent (without undue delay). You will cooperate in the defense of claims subject to indemnification, for example, by providing relevant documents.
SECTION 18: DIVISIBILITY
If any provision of these Terms of Service is determined to be illegal, void, or unenforceable, such provision shall be enforceable to the extent permitted by applicable law, and the unenforceable section shall be deemed severable from these Terms of Service; such determination shall not affect the validity or enforceability of any other provision.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules we post on this site or with respect to the Service constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede any prior or present agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be interpreted against the interests of the party that drafted the document.
SECTION 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void and unenforceable. We may transfer, assign, or delegate these Terms, along with our corresponding rights and obligations, without your consent or notice to you.
SECTION 21: CURRENT LEGISLATION
These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws of the federal, state, and/or territorial courts in the jurisdiction where Velvet is located. You and Velvet expressly submit to the jurisdiction and venue of such courts.
SECTION 22: HEADINGS
The headings used in this agreement are included for convenience purposes only and will not limit or otherwise affect these Terms.
SECTION 23: 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, modify, or replace any part of these Terms of Service by posting updates and modifications to our website. You are responsible for checking 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 become effective as of the date specified in the notification. Your continued use of or access to the Services after the posting of any modifications to these Terms of Service constitutes acceptance of those modifications.
SECTION 24: CONTACT INFORMATION
You should send any questions about the Terms of Service to info@velvetmx.com .
Our contact information is listed below:
Velvet
info@velvetmx.com
