Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to The She! The terms “we”, “us” and “our” refer to The She. The She operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a carefully curated shopping experience (the “Services”). The She uses Shopify to make these Services available to you.

The terms below, together with all policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

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

By visiting, 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 our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you have reached at least the legal age of majority in your state, province or country of residence and that you have given permission for any minors under your responsibility to use the Services on devices that you own, purchase or manage.

To use the Services, including visiting or using our online store or purchasing products or services that we offer, you may be asked to provide certain information, such as your email address, billing information, payment information and shipping information.

You represent and warrant that all information you provide is accurate, current and complete and that you have all necessary rights to provide such information.

You are responsible for keeping your account credentials secure and for all activity that occurs through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We have made every effort to display our products and services in our online store as accurately as possible.

However, please note that colours or the appearance of products may differ from what you see on your screen depending on the device you use and its settings.

We do not guarantee that the appearance or quality of products or services you purchase will fully meet your expectations or exactly match the images or representations in our online store.

All product descriptions may be changed at any time and without prior notice at our sole discretion.

We reserve the right to discontinue products at any time and may limit the quantities of products we offer per person, geographic region or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you make an offer to purchase.

The She reserves the right to accept or reject your order for any reason.

An order is only accepted by us once The She has confirmed it.

We must receive and process your payment before your order is finally accepted.

Please check your order carefully before submitting it, as The She may not be able to process a cancellation request once an order has been accepted.

If we do not accept, modify or cancel an order, we will try to notify you using the email address, billing address and/or telephone number provided with the order.

Purchases are subject solely to our Returns and Refund Policy [LINK].

You represent and warrant that your purchases are intended solely for personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions may be changed without prior notice.

The price charged for a product or service is the price in effect at the time the order is placed and is stated in the order confirmation.

Unless expressly stated otherwise, listed prices exclude taxes, shipping costs, handling fees, customs charges or import duties.

Prices in our online store may differ from prices in physical stores or other third-party online stores.

We may from time to time offer promotions that are subject to separate terms.

If the terms of a promotion conflict with these Terms of Service, the terms of that promotion will take precedence.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases.

You agree to promptly update your account information, including your email address and payment information, so that we can complete transactions and contact you when necessary.

You represent and warrant that:

  • the credit card information you provide is true, correct and complete;
  • you are authorised to use the credit card used;
  • the charges will be honoured by your credit card company;
  • you will pay all amounts due, including shipping charges and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for delays in shipping or delivery.

All stated delivery times are estimates and are not guaranteed.

We are not responsible for delays caused by carriers, customs clearance or circumstances beyond our control.

Once we have transferred the products to the carrier, ownership and risk of loss pass to you to the extent permitted by law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, text, images, graphics, product reviews, videos, audio and the design, selection and arrangement thereof, are owned by The She, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms give you only the right to use the Services for personal and non-commercial purposes.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written permission.

Unless expressly stated otherwise, nothing in these Terms grants any licence or other right under any patent, trademark, copyright or other intellectual property right of The She, Shopify or any third party.

Unauthorised use of the Services may constitute an infringement of intellectual property rights.

All rights not expressly granted are reserved by The She.

The names, logos, product and service names, designs and slogans of The She are trademarks of The She or its affiliates or licensors and may not be used without prior written permission.

The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify.

Other names, logos, products, services, designs and slogans belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools as part of the Services.

We do not monitor these tools and have no control over how they operate.

You acknowledge and agree that such tools are provided “as is” and “as available”, without warranties, representations or conditions of any kind.

We accept no liability for any issues arising from your use of such tools.

Your use of optional tools is entirely at your own risk.

You should ensure that you are familiar with and agree to the terms of the relevant third-party provider.

We may offer new features, tools or resources in the future. These will also form 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.

We are not responsible for examining or evaluating the content or accuracy of third-party websites or materials.

If you leave our Services to visit such websites, you do so at your own risk.

We are not liable for any damage arising from access to third-party websites or from the purchase or use of products, services, resources or content from third parties.

Please carefully review the policies and practices of third parties before entering into any transaction.

Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

The She is powered by Shopify, which enables us to make the Services available to you.

However, purchases and sales in our store are entered into directly with The She.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and The She, including any damage, injury or loss resulting from purchased products or services.

To the extent permitted by law, you hereby waive claims against Shopify and its affiliates arising out of or relating to purchases and transactions with The She.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK].

Certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have read these privacy policies.

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.

Information you provide through the Services may be shared with Shopify and other parties that may be located in countries other than your country of residence, where necessary to provide the Services.

Please refer to our Privacy Policy [LINK] for more information about how we, Shopify and our partners process your personal information.

SECTION 11 - FEEDBACK

When you submit, upload, publish or send us ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial purposes.

We may use these rights, for example, to operate, improve, evaluate and promote the Services.

You represent and warrant that:

  • you own or have all necessary rights to the Feedback;
  • you have disclosed any compensation or benefits you received in connection with the Feedback;
  • your Feedback complies with these Terms of Service.

We are not required to treat Feedback as confidential, pay compensation for it or respond to it.

We may monitor, edit or remove Feedback where, in our sole discretion, we determine that it is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise inappropriate or infringes the rights of third parties.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other proprietary rights.

You may not include unlawful, offensive or obscene content, viruses or malware.

You may not use a false email address, impersonate another person or otherwise mislead others as to the origin of Feedback.

You are solely responsible for your Feedback and its accuracy.

We accept no liability for Feedback published by you or third parties.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, information in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping costs, delivery times or availability.

We reserve the right to correct such errors or inaccuracies and to change information or cancel orders where information proves to be inaccurate, without prior notice.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services directly or indirectly:

  • for unlawful or malicious purposes;
  • to violate laws or regulations;
  • to infringe our intellectual property rights or those of third parties;
  • to harass, abuse, threaten or harm employees or other persons;
  • to submit false or misleading information;
  • to use or distribute material that does not comply with these Terms;
  • to send spam, unsolicited advertising or similar messages;
  • to impersonate another person or organisation;
  • to interfere with another person’s use of the Services.

You must also not:

  • upload viruses or malicious code;
  • copy, duplicate, sell, resell or exploit any part of the Services;
  • collect or track the personal information of others;
  • engage in phishing, pharming or similar practices;
  • use robots, spiders, scraping tools, data extraction tools, AI tools or automated processes to access the Services;
  • circumvent security measures, authorisation processes, robot exclusions or other access restrictions.

We reserve the right to suspend, disable or terminate your account if we determine that you have violated these Terms.

SECTION 14 - AGENTS

This section applies when you use software or services that autonomously or semi-autonomously perform actions on behalf of a person or organisation (“Agents”).

Agents may use the Services only if they clearly identify themselves and comply with the requirements described in this section.

We may technically restrict how and whether Agents can access the Services.

Agents must, among other things:

  • identify themselves as an Agent in HTTP/HTTPS requests;
  • include the name of the Agent in the user-agent string;
  • not conceal that interactions are automated;
  • not circumvent CAPTCHAs or other measures designed to distinguish human from automated use;
  • answer honestly when asked whether an interaction originates from a human or computer;
  • not circumvent measures used to restrict or manage access to the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services in whole or in part, to the extent permitted by law.

You remain liable for all amounts due up to and including the date of termination.

Provisions that by their nature should survive termination will remain in effect, including provisions relating to intellectual property, Feedback, liability, indemnification, applicable law and privacy.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information made available through the Services is provided for general informational purposes only.

We do not guarantee that such information is complete, accurate or suitable for any particular purpose.

Any reliance on such information is at your own risk.

To the extent permitted by law, the Services and products are provided “as is” and “as available”.

We do not guarantee that the Services will operate uninterrupted, timely, securely or error-free.

Mandatory consumer rights and warranties always remain applicable.

SECTION 17 - LIMITATION OF LIABILITY

To the extent permitted by law, The She, its partners, directors, employees, affiliates, agents, contractors, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential damages arising from the use of the Services or products.

This limitation applies only to the extent permitted under applicable mandatory law.

Statutory rights and liabilities that cannot legally be excluded or limited remain fully applicable.

SECTION 18 - INDEMNIFICATION

You agree to indemnify The She, Shopify and our affiliates, partners, employees, agents and service providers against third-party claims arising from:

  • your violation of these Terms of Service;
  • your violation of the law or the rights of third parties;
  • your use of the Services.

To the extent permitted by law, we may control the defence and handling of such claims.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, invalid or unenforceable, the remaining provisions will remain in full force and effect.

The relevant provision will be applied to the fullest extent legally possible.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service and all policies published on the website together constitute the entire agreement between you and us regarding your use of the Services.

They replace all prior agreements, communications and proposals insofar as they relate to the same subject matter.

SECTION 21 - ASSIGNMENT

You may not assign this agreement or any rights or obligations under these Terms without our prior written consent.

We may assign our rights and obligations to the extent permitted by law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services to you are governed by the applicable law of the jurisdiction in which The She is established, unless mandatory consumer law provides otherwise.

SECTION 23 - HEADINGS

The headings used in these Terms are for convenience only and do not limit or otherwise affect the meaning of these Terms.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to modify, replace or update parts of these Terms by publishing changes on our website.

Where required by law, we will inform you of material changes.

Changes will take effect on the date specified in the relevant notice.

By continuing to use the Services after changes become effective, you agree to the revised Terms, to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service can be sent to:

info@grouplydia.com

Our contact information:

Trade name: Lydia Global
Email: info@grouplydia.com
Business address: Oranjeplein 271, 6224 KZ Maastricht, The Netherlands
Telephone number: 0031 6 13 20 5414
Registration number: 297717236
VAT number: NL003255273B11