General Terms and Conditions
OVERVIEW
This website is operated by Eve Curls. The terms "we" and "us" on this site refer to Eve Curls. Eve Curls 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 engage in our "Service" and agree to be bound by the following terms and conditions (hereinafter referred to as "Terms and Conditions" or "Terms"), including any additional terms and conditions and policies referenced herein or available via hyperlink. These Terms and Conditions apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these General Terms and Conditions carefully before visiting or using our website. By accessing or using any part of the site, you agree to be bound by these General Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. To the extent that these General Terms and Conditions are considered an offer, acceptance is expressly limited to these General Terms and Conditions.
The General Terms and Conditions also apply to any new features or tools that may be added to the current store. The current version of the General Terms and Conditions can always be found on this page. We reserve the right to modify, change, or replace the General Terms and Conditions, in whole or in part, by publishing updates and/or changes on our website. It is your responsibility to check this page regularly for any changes. Continued use of the website after we have published changes 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.
ARTICLE 1 - ONLINE STORE TERMS
By agreeing to these General Terms and Conditions, you declare that you are of legal age under the laws of your country of residence, or that—being of legal age under the laws of your country of residence—you have given us permission for minors for whom you are responsible to use this site.
You may not use our products for any illegal or unauthorised purpose. Nor may you, in the use of the Service, violate the laws of your jurisdiction (including copyright laws).
You must not transmit worms, viruses, or malicious code.
Failure to comply with any provision of these General Terms and Conditions will result in the immediate termination of your Services.
ARTICLE 2 - GENERAL PROVISIONS
We reserve the right to refuse service to anyone for any reason at any time.
You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may involve (a) transmission over various networks; and (b) changes to the data to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, access to the Service, or any element of the website through which the Service is provided, without our express written permission.
The headings in this agreement are for convenience only and do not affect these Terms, nor do they otherwise influence them.
ARTICLE 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete, or outdated. The material on this site is provided for general information purposes only and should not be relied upon 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 not current by nature and is provided for reference purposes only. We reserve the right to modify 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.
ARTICLE 4 - MODIFICATION OF PRICES AND THE SERVICE
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service or any part thereof periodically and without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be offered exclusively online via the website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We make every effort to display the colours and images of our products in the store as accurately as possible. However, we cannot guarantee that your computer screen will display all colours correctly.
We reserve the right to limit the sale of our products or Services to specific persons, regions, or jurisdictions, though we are under no obligation to do so. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the products or services we offer. All product descriptions and prices are subject to change at any time and at our sole discretion, without prior notice. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.
We do not guarantee that the quality of products, services, information, or other materials you purchase or obtain will meet your expectations, or that errors in the Service will be corrected.
ARTICLE 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. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail address and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at 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 as needed.
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control, input, or oversight.
You agree that access to such tools is provided to you on an "as is" and "as available" basis, without any warranties, conditions, or support from us. We are in no way liable for or in connection with your use of optional third-party tools.
You use optional tools offered through the site entirely at your own discretion and risk, and you must ensure that you have familiarised yourself with and agreed to the terms under which these tools are provided by the relevant third-party suppliers.
If we proceed to offer new services and/or features via the website (such as the release of new tools and resources), these General Terms and Conditions shall apply to such new features and/or services.
ARTICLE 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include material from third parties.
Third-party links on this site may direct you to external websites with which we have no affiliation. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review the third party's policies and practices before engaging in any transaction with them. Complaints, claims, concerns, or questions regarding third-party products should be directed to that third party.
ARTICLE 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send something at our request (for example, as part of a contest) or submit creative ideas, suggestions, proposals, plans, or other materials on your own initiative—whether online, by email, by regular mail, or by any other means (collectively referred to as "submissions")—you agree that we may edit, copy, publish, distribute, translate, and otherwise use any submission you send us at any time and without restriction. We are under no obligation to (1) maintain the confidentiality of any submission; (2) pay compensation for any submission; or (3) respond to any submission.
Without being obliged to do so, we may choose to monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that violates these General Terms and Conditions or the intellectual property rights of any party.
You agree not to post comments that infringe upon the rights of third parties, including copyrights, trademark rights, the right to privacy, personality rights, or other personal or proprietary rights. You further agree not to post comments containing defamatory, otherwise unlawful, offensive, or obscene material, or containing computer viruses or other malware that could impair the operation of the Service or any related website. You may not use false email addresses, impersonate others, or otherwise mislead us or third parties regarding the source of any comment. You are solely responsible for all comments you post and for their accuracy. We accept no responsibility or liability for comments posted by you or any third party.
ARTICLE 10 - PERSONAL DATA
Our Privacy Policy governs how we collect and use personal data. Read our Privacy Policy here.
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
Our site or the Service may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. If any information in the Service or on any related website is inaccurate, we reserve the right to correct errors, inaccuracies, or omissions, to change or update information, or to cancel orders at any time without prior notice (including after you have placed an order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. The presence of a specified update or refresh date in the Service or on any related website does not indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 - PROHIBITED USE
In addition to other prohibitions set out in the General Terms and Conditions, you may not use the site and its content:
(a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate international, national, or local laws and regulations; (d) to infringe upon our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, harm, discredit, defame, disparage, intimidate, or discriminate against individuals based on gender, sexual orientation, religion, ethnic or national origin, race, age, or disability; (f) to transmit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for spam, phishing, pharming, pretexting, spidering, crawling, 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.
ARTICLE 13 - EXCLUSION OF WARRANTY; LIMITATIONS OF LIABILITY
We do not guarantee that our Service will be uninterrupted, timely, secure, or error-free during your use.
We do not guarantee that the results that can be achieved through the use of the Service are accurate or reliable.
You agree that we may periodically remove the Service for an indefinite period and terminate it at any time, without prior notice to you.
You expressly agree that your use of the Service is entirely at your own risk, and that you bear sole responsibility for the risk of the Service being unavailable. The Service and all products and services provided to you through the Service are (unless we expressly state otherwise) provided to you on an "as is" and "as available" basis, without any express or implied warranties of any kind, including warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement.
In no case shall Eve Curls, our directors, officers, affiliates, agents, representatives, contractors, subcontractors, 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, 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 the Service or any products procured 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, 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 via the Service, even if advised of the possibility of such damages.
Because some jurisdictions do not allow the limitation of liability for incidental or consequential damages, our liability for such damages is limited to the fullest extent permitted by law.
ARTICLE 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Eve Curls and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any claim or demand made by any third party—including reasonable attorneys' fees—arising out of your breach of these General Terms and Conditions or the documents incorporated herein by reference, or your violation of any law, regulation, or the rights of a third party.
ARTICLE 15 - SEVERABILITY
If any provision of these General Terms and Conditions is unlawful, void, or unenforceable, such provision shall remain in effect to the fullest extent permitted by law and shall be deemed severable from these General Terms and Conditions, without affecting the validity and enforceability of the remaining provisions.
ARTICLE 16 - TERMINATION
The commitments and obligations entered into by the parties prior to the date of termination shall in all cases remain in effect following the termination of this agreement.
These Terms and Conditions remain in effect until terminated by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services or by ceasing access to our website.
If, in our sole discretion, we believe or suspect that you have failed to comply with any provision of these General Terms and Conditions, we may 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. In addition, we may deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
The fact that we do not exercise or enforce a right or provision of these General Terms and Conditions does not constitute a waiver of that right or provision.
These Terms and Conditions and any policies or operating rules published by us on this website or in respect of the Service constitute the entire agreement between you and us and govern your use of the Service. They supersede all prior and contemporaneous oral and written agreements, communications, and proposals between you and us (including previous versions of the Terms and Conditions).
If a provision of these General Terms and Conditions is open to multiple interpretations, it shall not be interpreted against us.
ARTICLE 18 - APPLICABLE LAW
These General Terms and Conditions and all other agreements under which we provide the Services to you shall be governed by and construed exclusively in accordance with the laws of Samuel Esmeijerstraat 16, Almere, Flevoland, 1318 CB, the Netherlands.
ARTICLE 19 - CHANGES TO THESE TERMS OF SERVICE
The current version of the General Terms and Conditions can always be found on this page.
We reserve the right to modify, amend, or replace the General Terms and Conditions, in whole or in part, at our sole discretion by publishing updates and changes on our website. You are responsible for checking our website regularly to see if any changes have been made. If you continue to visit our website or use the Service after we have published changes to these General Terms and Conditions, it means that you accept those changes.
ARTICLE 20 - CONTACT DETAILS
You can send questions about these General Terms and Conditions to support@evecurls.com.
