Условия обслуживания
Welcome to vincay! The terms "we", "our", and "us" refer to vincay. vincay operates this store and website, including all information, content, features, tools, products, and related services in order to provide you, as a customer, with a personalized shopping experience (hereinafter referred to as the "Services"). vincay is a store powered by Shopify, which allows us to provide you with the Services.
The terms of use below, along 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. If you do not agree to these Terms of Service or this Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you declare 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 minor under 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 to purchase 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 declare and warrant that all information you provide in our stores 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 activities conducted under your account. You are not allowed to transfer, sell, assign, or grant your account to another person.
SECTION 2 – OUR PRODUCTS
We have made efforts to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of the products may differ from the way they appear on your screen due to the type of device you are using to access the store, the settings, and the configuration of your device. We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or will be the same as described or portrayed in our online stores. All product descriptions are subject to change at any time and 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 – COMMANDS
When you place an order, you are making a purchase offer. vincay reserves the right to accept or refuse your order for any reason at its discretion. Your order is not accepted until vincay has confirmed its acceptance. We must receive and process your payment before your order can be accepted. Please carefully review your order before submitting it, as vincay may not be able to honor cancellation requests after an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to inform you by contacting the email address, billing address, and/or phone number provided at the time of ordering. Your purchases may be returned or exchanged only in accordance with our Refund Policy [LINK]. You represent and warrant that your purchases are intended for your personal or household use and not for resale commercial or for export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may be changed 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 your order confirmation email. Unless otherwise specified, the displayed prices do not include taxes, shipping and handling fees, customs or import duties. The prices shown in our online stores may differ from the prices offered in physical stores or in online stores or others operated by third parties. We may occasionally offer promotions on Services that may affect prices and are governed by separate Terms of Use from these Conditions.In case of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail. You agree to provide accurate, current, and complete 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 process your transactions and contact you if necessary. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use this credit card for the purchase, (iii) the amounts charged by you will be honored by your credit card issuer, and (iv) you will pay the amounts charged by you at the displayed prices, including shipping and handling fees and all applicable taxes if applicable.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by freight carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, the title and risk of loss are transferred to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to, all trademarks, service marks, texts, displays, images, graphics, product reviews, videos, and audios, as well as the design, selection, and arrangement thereof, are the property of vincay, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws. These Terms allow you to use the Services for personal and non-commercial purposes only.You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, upload, store, or transmit material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be interpreted as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of vincay, Shopify, or a third party. Unauthorized use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted herein are reserved to vincay.
The names, logos, product and service names, designs, and slogans of vincay are registered trademarks of vincay or its affiliates or licensors. You may not use these trademarks without the prior written consent of vincay. The name, logo, product and service names, designs, and slogans of Shopify are registered 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 client 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 any endorsement. We disclaim any responsibility arising from your use of third-party optional tools or related to them. Any use you make of the optional tools offered on the site is entirely at your own risk and discretion, and you must ensure that you understand and approve 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 (including the release of new tools and new resources). These new features should also be considered as part of the Services and will be subject to these Terms of Service.
SECTION 8 – LINKS TO THIRD PARTIES
The Services may contain documents and hyperlinks to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of any documents or third-party websites that you choose to access. If you decide to leave the Services to access these documents or third-party sites, you do so at your own risk. We are not responsible for any harm or damage related to your access to third-party websites, or to your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATION WITH SHOPIFY
[NOTE TO THE MERCHANT: This section precisely describes the relationship between Shopify and your store and should not be deleted or modified]. vincay is powered by Shopify, which allows us to provide you with the Services. However, the sales and purchases you make in our Store are conducted directly with vincay. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and vincay, including any injury, damage, or loss resulting from the products and services purchased. By this, you expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from your purchases and transactions with vincay or related thereto.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and some personal information may be subject to Shopify's Privacy Policy, which can be viewed 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. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in countries other than the one where you reside, in order to provide you with services. Please refer to 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, publish, email, or otherwise transmit ideas, suggestions, feedback, comments, proposals, packages, or other content (collectively referred to as "Feedback"), you grant us a perpetual, worldwide, sublicensable, and completely royalty-free license to use, reproduce, modify, publish, distribute, and display this Feedback on any medium and for any purpose, including commercial purposes. For example, we may use the rights granted by this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service. You also represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed to compensation or incentive received in connection with your submission of Feedback; (iii) your Feedback will comply with these Terms. We have no obligation (1) to maintain the confidentiality of your Feedback; (2) to provide compensation for your Feedback; or (3) to respond to your Feedback. We may, but are not obligated to, monitor, modify, or delete Feedback that we deem, in our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback does not violate any third party's rights, including copyright, trademark, privacy, personality, or any other personal or property rights. You also agree that your Feedback does not contain defamatory or otherwise illegal, abusive, or obscene statements, nor any computer viruses or other harmful software that may affect the operation of the Services or any related website in any way. You may not use a false email address, impersonate someone other than yourself, or mislead us or any third party regarding the origin of a Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility for any Feedback published by you or by any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
It may happen that information about or in the Services contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping fees, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for illegal or malicious purposes; (b) to violate any regulations, rules, international, federal, provincial, or national laws, or any local orders; (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 send, receive knowingly, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or facilitate the sending of any advertising or promotional material, including any 'junk mail', 'chain letters', 'spam', or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that may harm vincay, Shopify, or users of the Services, or expose them to liability. Additionally, you agree not to (a) upload or transmit viruses or any other type of malicious code that will or may be used in a way that affects the functionality or operation of the Services.;(b) reproduce, duplicate, copy, sell, resale or exploit any part of the Services; (c) collect or track the personal information of others; (d) send spam, phishing, pharming, pretexting, botting, collecting, or scraping; or (e) interfere with or bypass the security features of the services or any associated website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe that 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 thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim any liability arising from your reliance on this content, whether you or any other visitor to the Services, or any other person informed of its content, places trust in it.
UNLESS EXPRESSLY STATED BY vincay, 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 ALL IMPLIED WARRANTIES OR CONDITIONS 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 LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER DISCLAIMERS, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
WITHIN THE LIMITS ALLOWED BY LAW, UNDER NO CIRCUMSTANCES shall vincay, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSEES, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE HELD 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, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERROR OR OMISSION.IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless vincay, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorney's fees, payable to a third party due to or arising from (1) your violation 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 to and use of the Services.We will inform you of any claim that is compensable, it being understood that a failure to provide prompt notification will not relieve you of your obligations, unless you suffer significant harm. We may control the defense and settlement of this claim at your expense, including the choice of lawyer, but we will not settle a claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of compensated claims, including providing relevant documents.
SECTION 18 – DISASSOCIABILITY
If any provision of these Terms of Service is found to be illegal, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part will be deemed to be deleted from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our inability to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of that right or provision. These Terms of Service and any policy or operating rule published by us on this site or regarding the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreement, communication, and proposal, whether oral or written, between you and us (including, but not limited to, all previous versions of the Terms of Service). Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notification to you.
SECTION 21 – APPLICABLE LAW
These Terms of Service and any separate agreement under which we provide you with Services shall be governed by and interpreted in accordance with the federal and state or territorial courts in the jurisdiction where vincay is located. You and vincay agree to the venue and personal jurisdiction of these courts.
SECTION 22 – TITLES
The titles used in this agreement are for convenience only and do not serve to limit or affect these Terms.
SECTION 23 – MODIFICATIONS MADE TO THE TERMS OF SERVICE
You can consult the most recent version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly to see if any changes have been made. We will notify you of any significant changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Continuing to use or access the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – COORDINATES
Questions regarding the Terms of Service should be sent to us at vincaystore@gmail.com. Our contact information is displayed below: vincay vincaystore@gmail.com vincay.com
438-988-0213
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