Terms of Use

OVERVIEW
Welcome to Femme Veloura! The terms “we,” “our,” and “us” refer to Femme Veloura. Femme Veloura operates this store and website, including all associated information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (“Services”). Femme Veloura is powered by Shopify, which enables us to provide the Services.

The terms and conditions below, along with all policies referenced herein (“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 topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms of Service as well as our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

Store Terms

SMS/MMS Mobile Marketing Program Terms and Conditions

We operate a mobile messaging program (“Program”), which you agree to participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy (“Agreement”). By opting in or participating in our Program, you accept these terms, including, without limitation, your agreement to resolve any disputes with us through exclusively binding individual arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other terms and conditions or privacy policies that may govern the relationship between you and us in other contexts.

The Program allows users to receive SMS/MMS mobile messages by opting in to the Program, such as through online enrollment forms or via an application. Regardless of the opt-in method you use to join the Program, you agree that this Agreement applies to your participation. By participating in the Program, you agree to receive automated marketing or pre-recorded messages on the phone number associated with your opt-in, and you understand that consent is not required to make a purchase from us. Even if you agree to receive messages sent by automatic dialer, this should not be construed as a suggestion or implication that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).

If you no longer wish to participate in the Program or no longer agree to this Agreement, you agree to reply STOP to any text message received from us to opt-out of the Program. You may receive an additional text message confirming your opt-out. You understand and agree that the above options are the only reasonable methods of opting out. You understand and agree that any attempt to opt-out by sending other words via text message or verbally requesting a member of our team to remove you from our list is not a reasonable method of opting out.

You acknowledge that message frequency may vary and that consent is not a condition of purchase. The Program includes recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

You must own your own mobile device capable of two-way communication.

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, province, or country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or control.

To use the Services, including browsing our online stores or purchasing any product or service we offer, we may ask you to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information provided 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 information and for all activity that occurs under your account. You must not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have made every reasonable effort to provide an accurate representation of our products and services in our online stores. However, please note that product colors or appearance may differ from how they are displayed on your device due to the type of device used to access the store, as well as your device’s settings and configurations.

We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or be the same as those displayed or provided 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 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. Femme Veloura reserves the right to accept or decline your order for any reason, at its sole discretion. Your order is not accepted until Femme Veloura confirms its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Femme Veloura may be unable to fulfill cancellation requests after order acceptance. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you at the email, billing address, and/or phone number provided when the order was made.

Your purchases can only be returned or exchanged in accordance with our Return Policy.

You represent and warrant that your purchases are for your personal or household use only, 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 your order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, delivery fees, handling fees, customs duties, or import fees.

Prices displayed in our online stores may differ from prices offered in physical stores or other online or offline stores operated by third parties. We may, from time to time, offer promotions on the Services, which may affect pricing and are governed by terms separate from these Terms. In the event of 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 transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you supply is true, accurate, and complete; (ii) you are authorized to use such credit card for the purchase; (iii) all charges incurred will be honored by your credit card issuer; and (iv) you will pay all charges incurred at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates and are not guaranteed. We are not liable for any delays caused by carriers, customs processing, or events beyond our control. Once products are handed over to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, trade names, text, displays, images, graphics, product reviews, videos, and audio recordings, as well as their design, selection, and arrangement, are owned by Femme Veloura, its affiliates, or its 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 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 content from the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms shall be construed as granting any license or other rights to any patent, trademark, copyright, or other intellectual property of Femme Veloura, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Femme Veloura.

The Femme Veloura name, logo, product and service names, designs, and slogans are trademarks of Femme Veloura, its affiliates, or its licensors. You must not use such marks without the prior written consent of Femme Veloura. 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 the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to third-party tools through the Services over which we neither monitor nor have any control or 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 such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services, including new tools and resources. Such new features shall also 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 integrated third-party features. 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 decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable 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. Please review the third-party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANTS: This section specifically addresses Shopify’s relationship with your store and should not be removed or altered.] Femme Veloura uses Shopify, which enables us to provide the Services. However, any sales and purchases you make in our Store are directly with Femme Veloura. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Femme Veloura, including any injury, damage, or loss arising from the products and services purchased. You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchases and transactions with Femme Veloura.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, which you can view here, and certain personal data may be subject to Shopify’s Privacy Policy, which you can view here. By using the Services, you acknowledge that you have read these privacy policies.

As the Services are hosted by Shopify, Shopify collects and processes personal data related to your access and use of the Services to provide and improve them to you. The information you submit to the Services will be transferred to and shared with Shopify and third parties who may be located in other countries, to provide the Services to you. Please see our Privacy Policy for more details on how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK

If you send, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content, collectively called “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. We may, for example, use our rights under this license to operate, provide, evaluate, 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 any compensation or incentive received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to: (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of 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 Services 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, information on or through the Services may contain 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 is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You shall not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, national or local regulations, rules, laws, or local ordinances; (c) in violation of our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, use or re-use any material which does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate Femme Veloura, a Femme Veloura employee, another user, or any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Femme Veloura, Shopify or users of the Services or expose them to liability.

You also agree not to: (a) transmit any worms or viruses or any other type of malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other website, or the Internet. We reserve the right to suspend, disable or terminate your Account at any time without notice if we determine 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 portion thereof, at our sole discretion, at any time and without prior 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, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.

SECTION 15 - 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.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE BY FEMME VELOURA, THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) 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 WARRANT, REPRESENT OR 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 OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL FEMME VELOURA, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, AS WELL AS 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 SERVICES OR ANY PRODUCTS PROCURED 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 ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Femme Veloura, Shopify and our subsidiaries, partners, officers, directors, employees, agents, contractors, licensors and service providers, from any and all losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to 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 to and use of the Services.

We will notify you of any indemnification claim, but if we fail to do so promptly, you will not be relieved of your obligations except to the extent that you are materially prejudiced thereby. We may control the defense and settlement of any such claim at your sole expense, including the selection of counsel, but will not settle any claim that imposes a non-monetary obligation on you without your consent, which may not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including providing relevant documents.

SECTION 18 - 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 19 - WAIVER; ENTIRE AGREEMENT

Our failure 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 20 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of the rights or obligations hereunder without our prior written consent, and any such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 - 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, state or territorial courts of the jurisdiction in which Femme Veloura has its registered head office. You and Femme Veloura agree to the venue and personal jurisdiction of these courts.

SECTION 22 - HEADINGS

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at 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 of Service in accordance with applicable law, and such changes will take effect as of the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@femmeveloura.com

SECTION 25 - PayPal

You have paid with PayPal and you have a question about your payment. Contact us at paypal@femmeveloura.com