Terms of service
OVERVIEW
This website is operated by VyFlair. Throughout the site, the terms "we", "us", and "our" refer to VyFlair. VyFlair provides this website, including all information, tools, and services available on this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
By visiting our site and/or purchasing something from us, you participate in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including the additional terms, conditions, and policies referenced in this document and/or available via hyperlink. These Terms of Service apply to all users of the site, including, but not limited to, users who are browsers, sellers, 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 the terms and conditions of this agreement, you may not access the website or use any of the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject 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 to update, change, 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 after any changes are posted constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
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 have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
Failure to comply with or violation 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 various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the 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 included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or current. The material on this site is provided for general informational purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - SERVICE AND PRICE MODIFICATIONS
The prices of our products are subject to change without prior notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy: [ENLACE A LA POLÍTICA DE REEMBOLSO]
We have made every effort to display the colors and images of our products appearing in the store as accurately as possible. We cannot guarantee that the display of any color on your computer monitor is accurate.
We reserve the right, but are not obligated, to limit 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 prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of any product or Service made on this site is void where prohibited.
We do not guarantee that the quality of products, Services, information, or other material 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 you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we modify or cancel an order, we will attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, at our sole discretion, appear to have been placed by merchants, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.
For more details, please review our Refund Policy: [ENLACE A LA POLÍTICA DE REEMBOLSO]
SECTION 7 - OPTIONAL TOOLS
We may provide you access to third-party tools over which we do not supervise or have any control or involvement.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations, or conditions of any kind and without any endorsement. We will have no liability arising from or related to your use of third-party optional tools.
Any use you make of the optional tools offered through the site is at your own risk and discretion, and you must ensure that you understand and approve the terms under which the relevant external provider or providers provide the tools.
We may also, in the future, offer new Services and/or features through the website (including the launch of new tools and resources). These 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 third-party materials.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy and do not guarantee nor will we have any obligation or liability for any third-party material or website, or for any other third-party materials, products, or services.
We are not responsible for any damage or loss related to the purchase or use of goods, Services, resources, content, or any other transaction made in connection with third-party websites. Please carefully review third-party policies and practices and ensure you understand them before making any transaction. Complaints, claims, concerns, or questions related to third-party products should be directed to those third parties.
SECTION 9: USER COMMENTS, OPINIONS, AND OTHER SUBMISSIONS
If, at our request, you submit certain specific presentations (for example, contest entries) or without being requested, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you send us. We have no obligation and will not be obligated (1) to keep comments confidential; (2) to pay compensation for comments; or (3) to respond to comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine, at our sole discretion, is illegal, offensive, threatening, slanderous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of any party or these Terms of Service.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or property rights. Additionally, you agree that your comments will not contain defamatory or illegal, abusive, or obscene material, nor will they contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate any person, or mislead us or third parties as to the origin of any comment. You are solely responsible for any comments you make and their accuracy. We assume no responsibility for comments posted by you or by third parties.
SECTION 10 - PERSONAL INFORMATION
The submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: THE PRIVACY POLICY
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, 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 in the Service or any related website is inaccurate at any time without prior notice (even after you have placed your order).
We assume no obligation to update, modify, or clarify the information on the Service or any related website, including, without limitation, pricing information, except as required by law. No update or renewal date specified on the Service or any related website should be taken to indicate that all information on the Service or any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in illegal acts; (c) to violate any local, international, federal, provincial, or state regulation, rule, law, or ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability; (f) to send false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that is used or may be used in any way that affects the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to send spam, impersonate, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent 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 website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may, from time to time, remove the Service for indefinite periods or cancel the Service at any time, without prior notice.
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 delivered to you through the Service are provided (except as expressly stated otherwise) "as is" and "as available" for your use, without any representation, warranty, or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, commercial quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall VyFlair, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any 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 any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any product purchased through the Service, or 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 any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise 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 maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless VyFlair and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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 incorporated by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is found to be illegal, void, or unenforceable, that provision shall, nevertheless, be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and responsibilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by 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 cease using our site.
If, at our sole discretion, you breach or we suspect you have breached any term or provision 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, accordingly, we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The fact that we do not 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 policies or operating rules published by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, previous 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 - 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 changes 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 after any changes to these Terms of Service have been posted constitutes acceptance of those changes.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
Phone number: +44 121 409 0360
Email: support@vyflair.com
Working hours: from 9:00 a.m. to 5:00 p.m. (Monday to Friday) Greenwich Mean Time: London
We try to respond within 1 to 2 days.
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