Terms of Service
OVERVIEW
This website is operated by Fabulousfindsbysharon Boutique. Fabulousfindsbysharon Boutique is referred to as "we," "us," and "our" throughout the website. Fabulousfindsbysharon Boutique grants you, the user, access to this website and all related information, resources, and services, the condition being that you agree to all terms, conditions, policies, and notices specified here.
You engage in our "Service" by browsing our website, buying something from us, or both. By doing so, you agree to be bound via the terms and conditions set out below, including all other terms and conditions and policies linked herein and/or accessible by hyperlink. All users of the site, including without limitation browsers, suppliers, customers, merchants, and/or content producers, are subject to these Terms of Service.
Please read our Terms of Service attentively before using or visiting our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, you are not entitled to use any services or access the website. If these Terms of Service reflect an offer, acceptance is conditionally laid out in these Terms of Service.
The Terms of Service also apply to any new features or tools that are introduced to the current shop. On this page, you may always examine the most recent version of the terms of service. By publishing updates and/or modifications to our website, we retain the right to amend, modify, or replace any element of these Terms of Service. It is your obligation to frequently check this page for updates. Following the publishing of such modifications, your continued use or access to the website implies acceptance of those changes.
Shopify Inc. hosts our store. They provide us access to the online shopping cart that enables us to offer you their goods and services.
SECTION 1 - ONLINE STORE TERMS
You agree that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have granted us permission to let any of your minor dependents to use this site, by agreeing to these Terms of Service.
You are not allowed to use our goods for any improper or prohibited purposes, and you are not allowed to break local laws by using the Service (including but not limited to copyright laws).
You must not distribute any worms, viruses, or other disruptive programmes.
Your Services will be immediately terminated if any of the Terms are broken or violated.
SECTION 2 - GENERAL CONDITIONS
We have the right to refuse service to anybody at any time and for any reason.
You understand that your content (excluding credit card data) may be sent across a variety of networks and that this may involve (a) transmissions and (b) changes to comply with and adapt to the technological requirements of linked networks or devices. Credit card information is always encrypted when sent across networks.
You undertake not to replicate, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided without our prior written authorization.
The headers in this agreement are only for your convenience and have no influence on these Terms in any way.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for any inaccurate, incomplete, or out-of-date information on this website. The material on this website is provided for informative purposes only and should not be relied on or used as the only basis for decisions without consulting primary, more trustworthy, complete, or up-to-date data sources. You use this website's information at your own risk.
This webpage may contain outdated information. Historical information is invariably out of date and is provided solely for your convenience. We reserve the right to update the content of this site at any time, but we are under no obligation to do so. You recognise that it is your responsibility to monitor developments.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
We retain the right to adjust our product pricing at any time and without notice.
We reserve the right to alter or discontinue offering the Service (or any feature or information contained within) at any time and without notice.
We will not be liable to you or any third parties if the Service is changed, its pricing is changed, it is suspended, or it is cancelled.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These goods or services could be in short supply and can only be returned or exchanged in accordance with our return policy.
Every effort has been taken to ensure that the colours and photographs of our items displayed in the shop are as accurate as possible. We cannot guarantee that any colour you see on your computer screen is accurately represented.
We reserve the right, but are under no obligation, to limit who may purchase our items or utilise our Services. We may exercise this privilege on a case-by-case basis. We have the right to limit the quantity of any goods or services we supply.
All product descriptions and price are subject to change at any moment without notice, at our sole discretion. At any moment, we have the right to withdraw any product. Any offer made on this site for any goods or service is void where prohibited.
We can not guarantee that the quality of any products, services, information, or other material purchased or received by you will meet your expectations, or that any mistakes in such products, services, information, or other material will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We have the right to reject any order placed with us. We reserve the right, in our sole discretion, to limit or cancel the number of items purchased per person, per household, or per order. Orders placed by or under the same customer account, credit card, and/or billing and/or delivery address may be subject to these restrictions. If we amend or cancel an order, we may attempt to tell you by contacting the email address and/or billing address/phone number supplied at the time the transaction was placed. We have the right to limit or reject orders that appear to be placed by dealers, resellers, or distributors in our sole discretion.
For any purchases made at our shop, you agree to provide current, complete, and accurate purchase and account information. You agree to keep your account and other information up to date, including your email address, credit card numbers, and expiry dates, so that we can process transactions and contact you as required.
Please see our Returns Policy for more information.
SECTION 7 - OPTIONAL TOOLS
We may offer you with access to third-party tools over which we have no control or involvement.
You understand and agree that we provide such tools "as is" and "as available," with no warranties, representations, or terms of any kind, and without any endorsement. We accept no liability originating from or related to your use of optional third-party tools.
Any use of optional tools supplied through the site is fully at your own risk and discretion, and you should verify that you are aware with and approve of the conditions under which the relevant third-party supplier provides the tools (s).
We may also provide new services and/or features on the website in the future (including, the release of new tools and resources). These Terms of Service will apply to any additional features and/or services.
SECTION 8 - THIRD-PARTY LINKS
Third-party materials may be included in certain content, goods, and services offered via our Service.
Third-party links on our site may take you to websites that are not associated with us. We are not responsible for inspecting or analysing the content or accuracy of third-party materials or websites, nor do we warrant or accept liability or responsibility for any third-party materials, products, or services.
We are not accountable for any injury or damages resulting from the purchase or usage of goods, services, resources, material, or any other transactions conducted through any third-party websites. Please carefully research and understand the third-rules party's and procedures before engaging in 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 (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally 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 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit 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 will affect 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) to spam, phish, pharm, pretext, spider, crawl, or scrape; (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 warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time 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 sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, 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.
In no case shall Fabulousfindsbysharon Boutique, 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, 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 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 their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fabulousfindsbysharon Boutique and our parent, 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 they incorporate 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 determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed 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 incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either 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 cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also 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; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us 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 constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any 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.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following 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 should be sent to us at fabulousfindsbysharon@gmail.com.
