Terms of service

 

TERMS OF SERVICE

GENERAL INFORMATION Welcome to Senza Brand! The terms “we,” “us,” and “our” refer to Senza Brand. Senza Brand operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a select shopping experience (the “Services”). Senza Brand uses Shopify technology, which allows us to provide you with the Services. The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty, disclaimer, and limitation 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 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 at least the legal age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.

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

You represent and warrant that all information you provide to our store is correct, up-to-date, and complete, and that you have all necessary rights to provide this information. You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person. SECTION 2 - OUR PRODUCTS We have made every effort to ensure that our products and services are displayed accurately in our online store. However, please note that the colors or appearance of the product may differ from how they appear on your screen due to the type of device you use to access the store and its settings. We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be the same as shown or presented in our online stores. All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction, individually. SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. Senza Brand reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until Senza Brand confirms its acceptance. We must receive and process your payment before accepting your order. You should review your orders carefully before making a purchase, as Senza Brand may not be able to process a cancellation request after an 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, or phone number you provided when the order was placed. You may return or exchange your purchase only in accordance with our Return Policy. You represent and warrant that your purchase is for your personal or household use and not for resale or commercial export. SECTION 4 - PRICES AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in the order confirmation sent to you by email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs, or import duties. Prices published in our online stores may differ from prices offered in other stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect pricing strategies and are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will 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 expiration dates, so that we can complete your transaction and contact you as needed. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) any charges you incur will be accepted by your credit card company, and (iv) you will pay the charges you incur at the published prices, including shipping and handling fees and all applicable taxes, if any. SECTION 5 - SHIPPING AND DELIVERY We are not responsible for any delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by the shipping company, customs procedures, or events beyond our control. Once we transfer the products to the shipping company, title and risk of loss are transferred to you.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, videos and audio, and the design, selection, and arrangement thereof, are owned by Senza Brand, its affiliate, or licensor and are protected by intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use.

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 consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of Senza Brand, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted herein are reserved by Senza Brand. The Senza Brand names, logos, product and service names, designs, and slogans are trademarks of Senza Brand or its affiliate or licensor. You may not use such trademarks without Senza Brand's prior written permission. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS You may be provided access to third-party client tools offered as part of the Services, which we neither monitor nor have any control or input over.

You acknowledge 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 will not be liable for any consequences arising from or related to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party providers. We may also, in the future, offer new features through the Services. These new features will also be considered 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 (including any third-party embedded functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you choose to leave the Services to access these third-party materials or websites, you do so at your own risk. We will not be liable for any harm or damages related to your access to any third-party website, or your purchase or use of any products, services, resources, or content on any third-party website. Please carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, doubts, or questions about third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY Senza Brand operates using Shopify technology, which allows us to provide you with the Services. However, any sale or purchase you make on our store is directly with Senza Brand. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Senza Brand, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or related to your purchase and transaction with Senza Brand.

 

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. By using the Services, you acknowledge that you have read this Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve our Services. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties, for the purpose of providing the Services. SECTION 11 - COMMENTS If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, "Comment"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comment in any media for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill our obligations and exercise our rights in accordance with the Terms of Service. You also represent and warrant that: (i) you own or have all necessary rights to all comments; (ii) you have disclosed any compensation or incentive received in connection with submitting your comment; and (iii) your comment complies with these Terms. We are and shall be under no obligation (1) to maintain the confidentiality of your comment; (2) to pay compensation for your comment; or (3) to respond to your comment.

We may, but are not obligated to, monitor, edit, or remove comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party's intellectual property or these Terms of Service.

You agree that your comment will not infringe any right of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary right. You further agree that your comment will not contain libelous or otherwise unlawful, abusive, or obscene remarks, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.

You may not use a false email address, impersonate any person 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 assume no responsibility for any comments posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND MISSIONS Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing strategies, Promotions, offers, product shipping charges, transit time, 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 without prior notice (even after you have placed your order).

 

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: (a) for any illegal or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material; (h) to impersonate or attempt to impersonate any other person or entity; or (i) engage in any other conduct that restricts or inhibits any person's use or enjoyment of the Services, or that, as we determine, may harm Senza Brand, Shopify, or users of the Services.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, or pharming; (e) use automated means to access the Services; or (f) interfere with security features. We reserve the right to suspend, deactivate, or terminate your account at any time if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS 14.1 This section applies if you use, permit, enable, or cause the deployment of an Agent to access any Service. "Agent" means any software that performs autonomous actions. 14.2 No Agent may access the Services unless it is identified and operates in strict compliance with our requirements. 14.3 We may limit the access of any Agent. 14.4 Agents must properly identify their request and not conceal that the access originates from an Agent (for example, by mimicking human behavior or bypassing CAPTCHAs).

SECTION 15 - TERMINATION We may terminate this agreement or your access to the Services at our sole discretion at any time without prior notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 16 - DISCLAIMER OF WARRANTIES The information presented on or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information.

UNLESS SENZA BRAND EXPRESSLY STATES OTHERWISE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.

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

SECTION 17 - LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SENZA BRAND, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF BENEFITS ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES.

SECTION 18 - INDEMNIFICATION You agree to indemnify, defend, and hold harmless Senza Brand, Shopify, and our affiliates from any loss, damage, liability, or claim, including attorneys' fees, payable to any third party due to or arising out of your breach of these Terms of Service or your violation of any law.

SECTION 19 - SEVERANCE In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision It will, however, be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed without affecting the validity of the other provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT Our failure to exercise or enforce any right under these Terms will not constitute a waiver of such right. These Terms of Service constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements.

SECTION 21 - ASSIGNMENT You may not delegate, transfer, or assign this agreement without our prior written consent. We may transfer or assign these Terms without your consent.

SECTION 22 - GOVERNING LAW These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of the jurisdiction where Senza Brand is headquartered.

SECTION 23 - HEADINGS The headings used in this agreement are included for your convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - 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 to update, change, or replace any part of these Terms of Service by posting the changes to our website. It is your responsibility to check our website periodically.

SECTION 25 - CONTACT INFORMATION Questions about the Terms of Service should be sent to hola@senzabrand.com.

Our official contact information is below: Brand: Senza Brand Owner: Oscar Sánchez (Co-Founder) Email: hola@senzabrand.com Phone: +34 612 23 57 19 Address: 08915 Badalona, ​​Barcelona (Spain)