Terms of service

OVERVIEW
Welcome to Zélora! The terms "we," "us," and "our" refer to Zélora. Zélora operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). Zélora is powered by Shopify, which allows us to provide the Services to you.

The following general terms and conditions, including all policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or control.
To use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment, and shipping information. 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 login credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or sublicense your account to anyone else.

ARTICLE 2 - OUR PRODUCTS
We strive to provide the most accurate description of our products and services in our online shops. However, please note that the colors and appearance of the product may differ from how they are displayed on your screen. This is related to the type of device you use to access the store and the settings and configuration of that device.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our online shop.
All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the number of products we offer per person, geographical region, or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Zélora reserves the right to accept or reject your order at its sole discretion for any reason whatsoever. Your order is only accepted after Zélora has confirmed it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it. Zélora may not be able to honor a cancellation request after your order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you via the email address, billing address, and/or telephone number you provided during the ordering process.
You may only return or exchange purchases in accordance with our refund policy [LINK].
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

ARTICLE 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time you place your order. This price will be stated in the confirmation email you receive after placing your order. Unless expressly stated otherwise, the prices quoted are exclusive of taxes, shipping costs, handling fees, customs duties, and import duties.
The prices displayed in our online stores may differ from the prices in physical stores, or in online stores or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and are subject to terms and conditions separate from these Terms. In the event of any discrepancy between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and credit card 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 supply is true, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges will be honored by your credit card company; and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Once we have handed over the products to the carrier, ownership and the risk of loss are transferred to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Zélora, its affiliates or licensors, and are protected by patent, copyright and intellectual property laws in the United States and other countries.
These Terms allow you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright or other intellectual property of Zélora, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Zélora.
Zélora's names, logos, product names, service names, design elements and slogans are trademarks of Zélora or its affiliates or licensors. You may not use such trademarks without the prior written permission of Zélora. Shopify's name, logo, product names, service names, design elements and slogans are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control over or influence on them.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We are in no way liable for any damage arising from or related to your use of optional third-party tools.
You use optional tools offered through the site entirely at your own risk and discretion. You are responsible for ensuring that you are aware of and agree to the terms and conditions under which the tools are provided by the relevant third party(ies).
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and will be subject to these Terms of Service.

ARTICLE 8 - LINKS TO THIRD PARTIES
The Services may contain materials and hyperlinks to websites offered or operated by third parties (including any embedded functionality from third parties). We are not responsible for examining or evaluating the content or accuracy of materials or websites of third parties that you may access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not liable for any damage or adverse consequences related to your visit to third-party websites, or to your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed directly to the relevant third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[NOTE FOR MERCHANTS: This article accurately describes Shopify's relationship with your store and may not be removed or modified.]
Zélora uses Shopify to provide you with the Services. However, all sales and purchases you make in our store are handled directly with Zélora. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Zélora, including injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with Zélora.

ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here. Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read the applicable Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services to you. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than where you reside, so that they can provide you with services. Please read our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal information.

ARTICLE 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as "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. We may use our rights under this license, for example, to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed all compensation or incentives you have received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) keep your Feedback confidential; (2) pay any compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not infringe on the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory or otherwise unlawful, offensive, or obscene content, nor any computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of the Feedback. You are solely responsible for the Feedback you submit and for its accuracy. We are not responsible for and accept no liability for any Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information provided in or through the Services may contain typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have placed an order). We may also cancel orders if relevant information is inaccurate.

ARTICLE 13 - PROHIBITED USE
You may only use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services (a) for any unlawful or harmful activity; (b) to violate any international, national, federal, or provincial laws, regulations, rules, or local ordinances; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage, or intimidate our employees or other persons; (e) to transmit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit, or procure the transmission of, any advertising or promotional material, including junk mail, chain letters, spam, and other similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Zélora, Shopify, or users of the Services, or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) to use spam, phishing, pharming, pretexting, spidering, crawling, or scraping; and (e) to disrupt or circumvent the security features of the Services, related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any provisions of these Terms.

ARTICLE 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without prior notice. You will remain liable for all amounts due up to and including the date of termination.
The following articles will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions which by their nature should survive termination.

ARTICLE 15 - DISCLAIMER OF WARRANTIES
The information provided on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services, or anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED BY Zélora, 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, 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

ARTICLE 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, Zélora, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT 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, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

ARTICLE 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Zélora, Shopify, and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors, and service providers from and against any and all costs, losses, damages, liabilities, or claims, including reasonable legal fees, payable to a third party as a result of or arising out of (1) your breach of these Terms of Service or the documents incorporated herein 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 in the event of a claim giving rise to indemnification, provided that failure to provide timely notice will not relieve you of your obligations unless you are materially prejudiced thereby. We may assume the defense and settlement of any such claim at your expense, including the appointment of counsel, but we will not settle any claim that requires you to incur non-monetary obligations without your consent (which you may not unreasonably withhold). You agree to cooperate in the defense of any claim giving rise to indemnification, including by providing relevant documents.. 

ARTICLE 18 - SEVERABILITY
If any provision in these Terms of Service is declared unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of the remaining provisions.

ARTICLE 19 - WAIVER; 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 policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 20 - TRANSFER
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notification.

ARTICLE 21 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide you with our Services shall be governed by and construed in accordance with the federal and state or provincial courts in the jurisdiction where Zélora has its headquarters. You and Zélora agree to the jurisdiction and personal jurisdiction of the relevant court.

ARTICLE 22 - HEADINGS
The headings used in this agreement are for informational purposes only and do not limit or affect these Terms and Conditions in any way.

ARTICLE 23 - CHANGES TO THE TERMS OF SERVICE
You can consult the most recent version of the Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service. We will post updates and changes on our website. It is your responsibility to regularly check our website for changes. We will send you a notification of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notification. Your continued access to or use of the Services after any changes to these Terms of Service have been made constitutes your acceptance of those changes.

ARTICLE 24 - CONTACT INFORMATION
Questions about the Terms of Service should be directed to us via info@officialzelora.com.
Our contact details are listed below:
[INSERT TRADE NAME]
info@officialzelora.com
[INSERT REGISTERED ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT COMPANY REGISTRATION NUMBER]
[INSERT VAT IDENTIFICATION NUMBER]