Terms of service
TERMS OF SERVICE
Welcome to GOOD VIBES! The terms "we", "us", and "our" refer to GOOD VIBES. GOOD VIBES operates this store and website, including all information, content, functionalities, tools, products, and related services, to offer you, as a customer, a personalized shopping experience (the "Services"). GOOD VIBES uses the Shopify platform, which allows us to provide you with the Services. The terms and conditions below, along with the policies referenced herein (the "Terms of Service" or "TOS"), 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, including warranty 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. If you do not agree to these Terms of Service or the Privacy Policy, you may 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 age of majority in your state or province of residence, and you give us your consent to allow any of your minor dependents to use the Services on devices 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 asked to provide certain information, such as your email address, billing, payment, and shipping information. 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 the security of your account credentials and any activity related to 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 display the products and services in our online stores as accurately as possible. Please note, however, that the colors or appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration. We do not warrant that the appearance or quality of the products or services you have purchased will meet your expectations or be identical to what is presented 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 discontinue any product at any time and may limit the quantities of products 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. GOOD VIBES reserves the right to accept or decline your order for any reason, at its discretion. Your order is not considered accepted until after written confirmation from GOOD VIBES. We must receive and process your payment before your order is fulfilled. Please review your order carefully before submitting it, as GOOD VIBES may not be able to accept cancellation requests once the order is confirmed. In the event we decline, change, or cancel your order, we may attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange conditions in accordance with our Refund Policy. You represent and warrant that your purchases are intended for personal or household use, and not for commercial resale or export.
SECTION 4 - PRICING 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 set out in your order confirmation email. Unless otherwise expressly stated, prices displayed do not include taxes, shipping charges, handling fees, customs duties, or import fees. Prices displayed on our online stores may differ from those offered in our physical locations or on other third-party online platforms. We may offer, from time to time, promotions on our Services that may impact pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will govern. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that: (i) the credit card information you supply is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY We cannot be held responsible for shipping or delivery delays. All stated delivery times are estimates and are not guaranteed. We disclaim any liability for delays caused by carriers, customs formalities, or any event beyond our control. Title and risk of loss pass to you upon our transfer of the products to the carrier.
SECTION 6 - INTELLECTUAL PROPERTY Our Services, including without limitation, all trademarks, brands, texts, displays, images, graphics, product reviews, videos, and audio content, as well as the design, selection, and arrangement thereof, are the exclusive property of GOOD VIBES, its affiliates, or its licensors. They are protected by US and international copyright, trademark, patent, and other intellectual property or proprietary rights laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent. Except as expressly provided in these Terms, nothing should be construed as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property of GOOD VIBES, Shopify, or any third party. Any unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by GOOD VIBES. The GOOD VIBES name, logos, product and service names, designs, and slogans are trademarks of GOOD VIBES, its affiliates, or its licensors. You must not use such marks without the prior written permission of GOOD VIBES. 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 on the Services are the trademarks of their respective owners.
SECTION 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 shall have no liability whatsoever arising from or relating 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, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Services (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS Certain content, products, and services available via our Services may include materials and links from third parties (including embedded third-party features). 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. If you decide to leave the Services and access these third-party materials or websites, you do so entirely at your own risk. 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.
SECTION 9 - RELATIONSHIP WITH SHOPIFY GOOD VIBES is powered by Shopify, which allows us to provide the Services to you. However, any sale or purchase made in our Store is executed directly with GOOD VIBES. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and GOOD VIBES, including any damages, harm, or loss resulting from the products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liability arising from or related to your purchase and transaction with GOOD VIBES.
SECTION 10 - PRIVACY POLICY All personal information we collect via the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. Because 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 them. The information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you reside, to provide the services. See our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - USER FEEDBACK If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other materials (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service. You also represent and warrant that: (i) you own or control all necessary rights in and to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is 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 Feedback 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 Feedback 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 email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS Occasionally there may be information on our Services 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).
SECTION 13 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services or its content, directly or indirectly: (a) for any unlawful or malicious 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 Shopify or others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or any other person; (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. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - AGENTS 14.1 This section ("Agent Terms") applies if you use, authorize, enable, or cause the deployment of an Agent to access, use, or interact with the Services. An "Agent" means any software or service acting autonomously or semi-autonomously on behalf of or under the instruction of a person or entity, which may be run on a device owned or used by a person without direct supervision. 14.2 No Agent may access, use, or interact with the Services unless it consistently identifies itself and operates in strict compliance with the conditions set out in section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from accessing, using, or interacting with any service. 14.3 We may limit, including through technical measures, the ability and manner in which an Agent accesses, uses, and interacts with the Services. 14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request comes from an Agent and disclose the Agent's name by including the following in the user agent string: "Agent/[agent name]"; (ii) not hide or obscure the fact that access, use, or interactions originate from an Agent, including by (a) imitating human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) answer honestly any question or prompt aimed at determining whether interactions originate from a human or a computer; (iv) not bypass or avoid any measure designed to block, limit, modify, or control Agent access, use, or interactions with the Services.
SECTION 15 - TERMINATION We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination. The following sections will survive any termination: Intellectual Property, User Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision whose nature implies it should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. UNLESS EXPRESSLY STATED BY GOOD VIBES, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL GOOD VIBES, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, NOR 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, 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.
SECTION 18 - INDEMNIFICATION You agree to indemnify, defend and hold harmless GOOD VIBES, Shopify, 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 (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party, or (3) your access and use of the Services. We will notify you of any claim covered by this indemnification, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced thereby. We may assume the defense and control of any matter subject to indemnification by you, at your expense, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you will not unreasonably withhold). You will cooperate in the defense of claims covered by this indemnification, including by providing relevant documents.
SECTION 19 - 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 20 - WAIVER; 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 21 - ASSIGNMENT You may not delegate, transfer, or assign this agreement, nor any of your rights or obligations under these Terms, without our prior written consent. Any unauthorized attempt to assign will be deemed null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.
SECTION 22 - 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 federal laws and the laws of the states or territories of the competent courts in the jurisdiction where GOOD VIBES has its registered office. You and GOOD VIBES expressly consent to the territorial and personal jurisdiction of these courts.
SECTION 23 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO 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, 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective as of the date specified in the notice. 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 25 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at: goodvibes@goodvibes-paris.com.