Terms of service
OVERVIEW
Welcome to Zofeni! The terms “we,” “our,” and “us” refer to Zofeni. Zofeni operates this store and website, including all information, content, features, tools, products, and related services to provide you, as a customer, with a personalized shopping experience (the “Services”). Zofeni is a Shopify-powered store, which enables us to provide the Services to you.
The following Terms of Use, together with all related policies (the “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 about your legal rights and cover areas such as disclaimers 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 Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and authorize any minor in your care 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 products or services we offer, you may be asked to provide certain information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and all account activities. You are not authorized to transfer, sell, assign, or grant your account to another person.
SECTION 2 – OUR PRODUCTS
We strive to provide an accurate representation of our products and services in our online stores. However, please note that colors or the appearance of products may differ from how they appear on your screen due to the type of device you use to access the store, settings, and device configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to that described or rendered in our online stores.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to remove any product at any time and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Zofeni reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Zofeni confirms its acceptance. Payment must be received and processed before your order is accepted.
Please review your order carefully before submitting, as Zofeni may not be able to accommodate cancellation requests after an order is accepted. In the event we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of order.
Purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions may 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 reflected in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping and handling fees, or customs or import duties.
Prices displayed in our online stores may differ from prices offered in physical stores or other online stores operated by third parties. From time to time, we may offer promotions affecting prices, which are governed by separate Terms. In case of conflict between promotion terms and these Terms, promotion terms 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 update your account and other information, including email address, credit card numbers, and expiration dates, promptly so that we can complete your transactions and contact you as necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use this credit card for the purchase, (iii) amounts billed by you will be honored by your credit card issuer, and (iv) you will pay the amounts billed at the displayed prices, including shipping and handling fees and applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All shipping times are estimates and not guaranteed. We are not responsible for delays caused by freight carriers, customs processing, or events beyond our control. Once we transfer products to the carrier, title and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are the property of Zofeni, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for personal and non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works, publicly display, perform publicly, republish, upload, store, or transmit material from the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms grants or should be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of Zofeni, Shopify, or any third party. Unauthorized use of the Services may violate federal and national intellectual property laws. All rights not expressly granted herein are reserved by Zofeni.
The names, logos, product and service names, designs, and slogans of Zofeni are trademarks of Zofeni or its affiliates or licensors. You may not use these trademarks without Zofeni’s prior written consent. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to these tools “as is” and “as available” without any warranty, representation, or condition of any kind and without endorsement. We disclaim all liability arising from your use of optional third-party tools or related to them.
Any use of optional tools offered on the site is entirely at your own risk and discretion, and you must ensure you understand and agree to the terms under which the tools are provided by the applicable third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). These new features shall also be considered part of the Services and subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain documents and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of third-party documents or websites 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 harm 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. Carefully review third-party policies and practices and ensure you understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products and services must be addressed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and must not be removed or altered.]
Zofeni is powered by Shopify, which allows us to provide the Services. However, sales and purchases made in our Store are conducted directly with Zofeni. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Zofeni, including any harm, loss, or damage arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from your purchases and transactions with Zofeni or related to them.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy, which can be accessed here [LINK], and some personal information may be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services to provide and improve the Services. Information submitted to the Services will be transmitted and shared with Shopify and third parties who may be located in countries other than your country of residence to provide services. See our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, packages, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial purposes.
You also represent and warrant that (i) you own or have all rights to the Feedback; (ii) you have disclosed any compensation or incentives received related to your submission; and (iii) your Feedback will comply with these Terms. We have no obligation to maintain confidentiality, compensate you, or respond to your Feedback.
We may, but are not obligated to, review, edit, or remove Feedback we deem, at our sole discretion, illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your Feedback does not violate any third-party rights and does not contain defamatory, illegal, abusive, or obscene content or viruses. You are solely responsible for the accuracy and content of your Feedback.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Information in or on the Services may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, shipping fees, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update information or cancel orders if information is inaccurate, at any time and without notice (including after order submission).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services to:
(a) engage in illegal or harmful activities;
(b) violate any local, national, or international law;
(c) infringe Zofeni’s or others’ intellectual property rights;
(d) harass, abuse, defame, intimidate, or harm employees or others;
(e) provide false or misleading information;
(f) upload or transmit content that violates these Terms;
(g) transmit unsolicited promotional content;
(h) impersonate another person or entity; or
(i) engage in any conduct restricting or preventing use of the Services by others, or harming Zofeni, Shopify, or users.
Additionally, you agree not to:
(a) transmit viruses or malicious code;
(b) duplicate, copy, sell, or exploit any part of the Services;
(c) collect personal data of others;
(d) send spam or phishing communications; or
(e) interfere with security functions.
We may suspend, disable, or terminate your account without notice if we believe you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part) at our sole discretion at any time without notice, and you remain liable for all amounts due through the termination date.
The following sections survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provision that by its nature should survive termination.
SECTION 15 – WARRANTY DISCLAIMER
The information on or through the Services is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance on this information is at your own risk.
EXCEPT AS EXPRESSLY PROVIDED BY ZOFENI, 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, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow disclaimers of implied warranties, so the above disclaimer may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZOFENI, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Zofeni, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorney fees, arising from (1) your violation of these Terms, (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. You agree to cooperate in the defense of such claims.
SECTION 18 – SEVERABILITY
If any provision of these Terms is deemed illegal, void, or unenforceable, it will be applied to the fullest extent permitted by law, and the unenforceable portion will be considered severed, without affecting the validity of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of the Terms does not constitute a waiver. These Terms and any policies or rules posted by us constitute the entire agreement between you and us and govern your use of the Services, replacing all prior agreements.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any rights without prior written consent. We may assign or transfer these Terms without consent or notice.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements through which we provide Services shall be governed by the federal and state or territorial courts in the jurisdiction where Zofeni is located. You and Zofeni agree to the venue and personal jurisdiction of these courts.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You may review the latest version of the Terms at any time on this page. We reserve the right to update, modify, or replace parts of these Terms by posting updates on our website. Your continued use of the Services constitutes acceptance of these changes.
SECTION 24 – CONTACT INFORMATION
Questions regarding these Terms should be sent to nancy@zofeni.com.
Our contact information is as follows:
ZOFENI
info@zofeni.com
359 Chemin Saint-Georges, Rigaud, Quebec, Canada J0P 1P0