General Terms and Conditions


OVERVIEW

This website is operated by Eve Curls. Throughout the site, the terms "we", "us" and "our" 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 "Terms and Conditions" or "Terms"), including those additional terms and conditions and policies referenced herein and/or available by 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 Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

 

These Terms and Conditions also apply to any new features or tools that are added to the current store. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. You are responsible for checking this page regularly to see if anything has changed. If you continue to use the website after we have published changes, it means you accept 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 Terms and Conditions, you represent that you are of the age of majority in your country of residence, or that you are of the age of majority in your country of residence and have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose. Nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or code of a destructive nature.

 

A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services.


ARTICLE 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, 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 used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used 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 necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


ARTICLE 4 - MODIFICATIONS TO THE PRICES AND THE SERVICE

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

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 available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your computer monitor will accurately display all colors.


We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions and prices of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any 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, in 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/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 e-mail 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 neither monitor nor have any control nor input.

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 are not liable in any way 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 are familiar with and agree to the terms under which these tools are provided by the relevant third-party providers.

 

If we introduce new services and/or features through the website (such as the release of new tools and resources), these General Terms and Conditions will apply to such new features and/or services.


ARTICLE 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials 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 any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.


ARTICLE 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 under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comment.


Without being obliged to do so, we may monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, 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 copyright, trademark rights, the right to privacy, personality rights, or other personal or proprietary rights. You further agree not to post comments containing libelous or otherwise unlawful, offensive, or obscene material, or containing computer viruses or other malware that could affect 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 origin of any comment. You are solely responsible for all comments you post and for their accuracy. We assume 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

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, 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.


ARTICLE 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, 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, national or local regulations or laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, harm, defame, slander, 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 WARRANTIES; LIMITATION 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 may be obtained from the use of the Service will be accurate or reliable.

You agree that we may periodically remove the Service for indefinite periods or cancel the Service at any time, without notice to you.


You expressly agree that your use of the Service is at your sole risk, and that you bear the sole risk regarding the unavailability of the Service. The Service and all products and services delivered 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, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, special, punitive, 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 obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including claims regarding 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 exclusion or limitation of liability for incidental ...to limit damage or consequential damage, our liability for such damage 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 any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.


ARTICLE 15 - SEVERABILITY

In the event that any provision of these Terms and Conditions 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 and Conditions; such determination shall not affect the validity and enforceability of any other remaining provisions.

 

ARTICLE 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 and Conditions are effective unless and until terminated by either 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 to visit our website.
If, in our sole discretion, we believe or suspect that you have failed to comply with any provision of these 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

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

 

These Terms and Conditions and any policies or operating rules posted by us on this website or in respect to the Service constitute the entire agreement between you and us and govern your use of the Service. They supersede 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 and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.


ARTICLE 18 - GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Samuel Esmeijerstraat 16, Almere, Flevoland, 1318 CB, the Netherlands.


ARTICLE 19 - CHANGES TO THESE TERMS OF SERVICE

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

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. If you continue to visit our website or use the Service after we have published changes to these General Terms and Conditions, this means that you accept these changes.


ARTICLE 20 - CONTACT INFORMATION

You can send questions about these General Terms and Conditions to support@evecurls.com.