This website is operated by Evi Rose. Throughout the site, the terms ‘we’, ‘us’ and ‘our’ refer to Evi Rose. Evi Rose 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 anything from us, you are participating in our ‘Service’ and agree to be bound by the following terms and conditions (‘Terms of Service’, ‘Terms’), including those additional terms 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, vendors, customers, sellers 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 of this agreement, you may not access the website or use any 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 shop are also subject to the Terms of Service. You can view the most recent version of the Terms of Service at any time on this page. 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 regularly for changes. Your continued use of or access to the website following the posting of any changes will constitute your acceptance of those changes.
Our shop 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 - ONLINE SHOPPING TERMS AND CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least of legal age in your state or province of residence, or that you are of legal age in your state or province and have given us permission to allow any of your minor family members to use this site. You may not use our products for illegal or unauthorised purposes, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service. You must not transmit any worms or viruses or code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason. You understand that your content (excluding credit card data) may be transmitted unencrypted and includes (a) transmission over different networks; and (b) modifications to meet and adapt to the technical requirements of connecting networks or devices. Credit card data is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided, without express written consent from us . 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 on this site is not accurate, complete or current. The material on this site is for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or up-to-date 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 reference only. We reserve the right to change the content of this site at any time, but we are under no obligation to update information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - CHANGES IN SERVICE AND PRICES
Prices for 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 any third party for any modification, price change, suspension or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and can only be returned or exchanged according to our return policy. We have made every effort to display as accurately as possible the colours and images of our products appearing in shop. We cannot guarantee that the colour reproduction of your computer monitor is accurate. We reserve the right, but have no obligation, to restrict the sale 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 products or Services we offer. Any descriptions of products or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any 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 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 using the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.
Please see our returns policy for more information.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or input. 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 any endorsement. We do not accept any liability arising out of or in connection with your use of optional third-party tools. Any use by you of optional tools provided through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and agree to the terms and conditions on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including the release 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 contain 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 examining or evaluating the content or accuracy and we do not warrant and are not liable or responsible for any third-party materials or websites, or any other third-party materials, products or services. We are not liable for any damages or losses related to the purchase or use of goods, services, resources, content or other transactions in connection with third-party websites. Please read the third party's policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (e.g. competition entries) or without a request from us, you send creative ideas, suggestions, proposals, plans or other material, whether online, by email, by post or otherwise (collectively, ‘comments’), you agree that we may at any time, without limitation, edit, copy, publish, distribute, translate and otherwise use any comments that you transmit to us in any medium. We are and will not be obliged (1) to keep any comments confidential; (2) to pay a fee for any comments; or (3) to respond to any comments. We may, but are not obliged to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party's intellectual property or these Terms of Service.
You agree that your comments will not infringe any third party right, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain any defamatory or otherwise unlawful, offensive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Service or any related website. You must not use a false e-mail address, impersonate anyone other than yourself, or otherwise mislead us or third parties about the origin of comments. You are solely responsible for all comments you make and their accuracy. We take no responsibility and accept no liability for any comments posted by you or any third party.
SECTION 10 - TAXATION AND IMPORT DUTIES
Tax and import duties The customer is responsible for the import of the product and in all cases responsible for the remittance of VAT and import duties -eventually- applicable in the destination country.
Your submission of personal information through the shop is governed by our privacy policy. To view our privacy policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, 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 errors, inaccuracies or omissions and to change or update information or cancel orders if information in the Service or on any related website is inaccurate at any time without notice (including after you have placed your order) . We are under no obligation to update, modify or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date may be applied in the Service or on any related website to indicate that any information in the Service or on any related website has been changed or updated.
SECTION 12 - PROHIBITED USE
.In addition to other prohibitions set out in the Terms of Service, you are prohibited from using the Site or its contents: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, defame, belittle, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner that will affect 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) spam, phish, pharm, pretext, spider, crawl or scraping; (j) for any obscene or immoral purpose; 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, represent 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 use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service indefinitely or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all products and services provided to you through the Service are provided (except as expressly stated by us) ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, express or implied, including any implied warranties or conditions of merchantability, merchantability, fitness for a particular purpose, durability, title and non-infringement. In no event shall Evi Rose, 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 lost profits, lost revenues, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence) strict liability or otherwise, arising from your use of any of the service or products purchased using 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, errors or omissions in any content, or any loss or damage of any kind incurred as a result of using the service or any content (or product) posted, transmitted or otherwise made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Evi Rose and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, 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 in which they are 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 unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by applicable law, and the unenforceable part shall be deemed to be separate from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties entered into prior to the termination date shall continue in force for all purposes after termination of this agreement. 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 stop using our site. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with 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 may consequently deny you access to our Services (or any part thereof).
SECTION 17 - FULL 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 policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and 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, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafter.
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 Dutch law.
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 changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service can be sent to us at hi@evirose.com
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