Terms of service

TERMS OF SERVICE OVERVIEW

Welcome to Sophia & Roseny! The terms "we," "us," and "our" refer to Sophia & Roseny. Sophia & Roseny operates this store and website, including the information, content, features, tools, products, and services, in order to provide you, the customer, with an appropriate shopping experience (the "Services"). Sophia & Roseny is powered by Shopify, which allows us to provide you with the Services.

The following terms and conditions, together with any policies or information referenced herein ("Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover areas such as warranty limitations 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. If you do not agree to these Terms of Service or our Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence and that you have given us permission to allow any minors under your care to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing products and services from us, you may be required to provide certain information such as your email address and billing, payment, and shipping information.

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

You are responsible for your account activity and for protecting your account credentials. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide accurate representations of our products and services in our online store. However, the display of colors and appearance of products may vary depending on the type of device you use to access the store and the settings and configuration of that device.

We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or displayed in our online store.

All product descriptions are subject to change at any time, without prior notice and at our discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered to any person, geographic region, or jurisdiction from time to time.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Sophia & Roseny reserves the right to accept or reject your order at its discretion for any reason.

Your order is not confirmed until Sophia & Roseny confirms its acceptance. Before accepting an order, we must receive and process payment.

Please carefully review your order before submitting it, as Sophia & Roseny may not be able to accommodate cancellation requests after an order has been accepted.

If we reject, modify, or cancel an order, we will notify you by contacting you using the email address, billing address, and/or phone number you provided when submitting the order.

Your purchases are subject to returns or exchanges solely in accordance with our Return and Refund Policy.

You represent and warrant that you are making purchases for personal or household use and not for resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time you submit your order and will be shown in your order confirmation email.

Unless otherwise stated, published prices do not include applicable taxes or customs duties, shipping, handling, or import costs.

Prices published in our online store may differ from prices offered in physical stores, online stores, or other stores operated by third parties.

From time to time, we may offer promotions on the Services that affect pricing and are subject to terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will control.

For all purchases made through our store, you agree to provide accurate, current, and complete purchase, payment, and account information.

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.

You represent and warrant that:

(i) the credit card information you provide is true, accurate, and complete;
(ii) you are authorized to use the credit card for the purchase;
(iii) charges incurred by you will be honored by your credit card company; and
(iv) you will pay all charges incurred by you at the published prices, including applicable shipping, handling, and other applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs procedures, or events beyond our control.

Once products are transferred to the shipping carrier, ownership and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, branding, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by Sophia & Roseny, its affiliates, or its licensors and are protected by United States and international patent, copyright, trademark, and intellectual property laws.

These Terms allow you to use the Services solely for personal and non-commercial purposes.

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

Except as expressly stated, these Terms do not grant or imply any license or other rights to patents, trademarks, copyrights, or other intellectual property owned by Sophia & Roseny, Shopify, or third parties.

Unauthorized use of the Services may violate federal and state intellectual property laws.

All rights not expressly granted herein are reserved by Sophia & Roseny.

The names, logos, product and service names, designs, and slogans of Sophia & Roseny are trademarks of Sophia & Roseny or its affiliates or licensors. You may not use such trademarks without the written authorization of Sophia & Roseny.

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

All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may have access to customer tools provided by third parties as part of the Services that we do not monitor, control, or provide.

You understand 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 have no liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk and discretion.

You should ensure that you understand and agree to the terms under which such tools are provided by the relevant third-party providers.

In the future, we may offer new features through the Services, including the release of new tools and resources. Such new features shall also be considered part of the Services and shall 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, including embedded third-party features.

We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you choose to access.

If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not responsible for any problems or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites.

Please carefully review the policies and practices of third parties and make sure you understand them before entering into any transaction.

Any complaints, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Sophia & Roseny is powered by Shopify, which allows us to provide you with the Services.

However, sales and purchases made through our Store are conducted directly with Sophia & Roseny.

By using the Services, you understand and agree that Shopify is not responsible for any aspect of the transactions between you and Sophia & Roseny, including any injury, damage, or loss arising from the purchase of products or services.

You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or relating to purchases and transactions made by you with Sophia & Roseny.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify's Privacy Policy, available at: Shopify's Privacy Policy.

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

Because Shopify supports the Services, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services.

To provide and improve the Services, information that you submit through the Services may be transferred to and shared with Shopify and third parties that may be located in countries other than your own.

Please review our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK

When you submit, upload, post, email, or otherwise transmit any idea, suggestion, feedback, review, proposal, plan, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback through any medium and for any purpose, including commercial purposes.

For example, we may exercise our rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services, and to perform our obligations and exercise our rights as described in these Terms of Service.

You further represent and agree that:

(i) you own or otherwise have the necessary rights to all Feedback;
(ii) you have disclosed any rewards or incentives received for submitting Feedback; and
(iii) your Feedback complies with these Terms.

We are not obligated to:

(1) maintain your Feedback in confidence;
(2) pay you for your Feedback; or
(3) respond to your Feedback.

Although we are not obligated to do so, we may monitor, edit, or remove Feedback that, in our discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene, objectionable, or violates intellectual property rights or these Terms of Service.

You confirm that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

You further confirm that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain viruses or other malware that could affect the operation of the Services or any related website.

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

You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information relating to or contained in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, promotions, product shipping charges, 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 is inaccurate at any time and without prior notice, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly, for:

(a) any unlawful or malicious purpose;
(b) violating any applicable local, state, federal, or international rules, regulations, laws, or ordinances;
(c) infringing or violating our intellectual property rights or the intellectual property rights of others;
(d) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or offending our employees or any other person;
(e) submitting false or misleading information;
(f) submitting, receiving, uploading, downloading, using, or reusing material that does not comply with these Terms;
(g) transmitting or encouraging the transmission of advertising or promotional material, including "junk mail," "chain letters," "spam," or similar solicitations;
(h) impersonating or attempting to impersonate another person or entity; or
(i) engaging in any other conduct that interferes with or inhibits the use or enjoyment of the Services by others, or that we determine may harm Sophia & Roseny, Shopify, or users of the Services or expose them to liability.

In addition, you agree not to:

(a) upload or transmit viruses or other types of malicious code that could affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, scraping, or similar activities;
(e) interfere with or circumvent the security features of the Services or related websites, other websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe that you have violated any part of these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or discontinue your access to the Services, or any part thereof, at any time at our discretion and without notice.

You will remain responsible for all amounts due up to the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

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

We do not guarantee the accuracy, completeness, or usefulness of such information. You rely on such information solely at your own risk.

We assume no liability for any reliance placed on such materials by you, any visitor to the Services, or anyone who may become aware of such content.

EXCEPT AS EXPRESSLY STATED BY SOPHIA & ROSENY, 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, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOPHIA & ROSENY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST EARNINGS, LOSS OF DATA, REPLACEMENT COSTS, OR OTHER SIMILAR DAMAGES, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES.

THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS RELATING TO ERRORS OR OMISSIONS IN CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR CONTENT OR PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sophia & Roseny, Shopify, and our affiliates, partners, officers, directors, employees, agents, merchants, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys' fees, made by any third party arising from:

(1) your breach of these Terms of Service or any documents incorporated into them;
(2) your violation of any law or third-party rights; or
(3) your access to or use of the Services.

We will notify you of any indemnifiable claim, provided that failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of such a claim at your expense, including the selection of counsel.

However, we will not settle any claim that requires non-monetary obligations from you without your consent, which may not be unreasonably withheld.

You will cooperate in the defense of any claims that are not covered by indemnification, including by providing relevant documents.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms.

Such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of Sophia & Roseny to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or relating to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services.

They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior version of the Terms of Service.

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of 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 notice to you or your consent.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreement under which we provide you with the Services shall be governed by and interpreted in accordance with the laws applicable in the jurisdiction where Sophia & Roseny is legally established.

You and Sophia & Roseny agree to the venue and personal jurisdiction of the applicable federal, state, or local courts in such jurisdiction.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 23 - 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 periodically check our website for changes.

We will provide notice of material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice.

Your continued use of or access to the Services following the posting of changes to the Terms of Service constitutes acceptance of those changes.