Terms of service

Welcome to our store! The terms “we”, “us”, and “our” refer to Our Store. Our Store operates this shop 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 (collectively, the “Services”). Our Store is a Shopify-powered store, which allows us to provide these Services to you.

The following Terms of Service, along with all related policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms 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 or our Privacy Policy, you must 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 consent to allow any minor dependents to use the Services on the devices you own, purchase, or manage.

To use the Services — including accessing or browsing our online store, or purchasing any products or services we offer — you may be required to provide certain information, such as your email address, billing information, payment details, and shipping address. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have the rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You are not permitted to transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display accurate representations of our products and services in our online store. However, please note that colors or appearances may differ from how they appear on your screen due to your device type, its settings, and its configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match the descriptions or representations in our online store.

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 offered 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. Our Store reserves the right to accept or decline your order for any reason, at its discretion. Your order is not accepted until Our Store confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Our Store may not be able to accommodate cancellation requests after an order has been accepted. If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at checkout.

Your purchases may be returned or exchanged only in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are for your 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 appear in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping or handling fees, customs duties, or import charges.

Prices displayed in our online store may differ from prices offered in physical stores or in online shops or platforms operated by third parties. From time to time, we may offer promotions affecting pricing, governed by terms separate from these Terms. In the event of a conflict between promotional terms and these Terms, the promotion terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use that credit card; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the amounts charged to you at the posted prices, including all applicable taxes and shipping/handling fees.

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 carriers, customs processes, or events beyond our control. Once we hand over the products to the carrier, ownership and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services — including but not limited to trademarks, trade names, text, layouts, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement of all content — are the property of Our Store, its affiliates, or its licensors, and are protected by applicable copyright, patent, and intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants any license or rights under any patent, trademark, copyright, or other intellectual property of Our Store, Shopify, or any third party. Unauthorized use may violate applicable laws. All rights not expressly granted herein are reserved.

Names, logos, product and service names, designs, and slogans of Our Store are trademarks of Our Store or its licensors. Shopify-related names and logos are trademarks of Shopify. All other names and logos on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be given access to third-party tools as part of the Services, which we do not monitor or control.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, conditions, or endorsements of any kind. We disclaim all liability arising from your use of optional third-party tools.

Your use of any such tools is entirely at your own risk, and you should ensure you are familiar with and approve the terms on which those tools are provided by the relevant third-party provider.

We may also introduce new features through the Services in the future (including new tools and resources). Such features will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to third-party websites or features. We are not responsible for examining or evaluating the content or accuracy of third-party materials or sites. Accessing such content is at your own risk.

We are not liable for any harm or damages related to your access to or use of third-party websites, products, services, or content. Please review third-party policies carefully before engaging in any transactions. Complaints or questions regarding third-party products should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Our Store is powered by Shopify, which enables us to provide the Services. However, all sales and purchases made in our store occur directly between you and Our Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Our Store.

You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from your purchases and interactions with Our Store.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge having read these policies.

As the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to operate and improve the Services. Your submitted information will be transmitted and shared with Shopify and third parties that may be located outside your country.

See our Privacy Policy https://heatmess.com/policies/privacy-policy for more details.

SECTION 11 – FEEDBACK

If you submit, upload, publish, email, or otherwise transmit ideas, suggestions, feedback, proposals, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.

You further represent and warrant that (i) you own or have the necessary rights to all Feedback; (ii) you have disclosed any compensation related to your submission; and (iii) your Feedback complies with these Terms.

We are under no obligation to (1) maintain confidentiality of your Feedback; (2) provide compensation; or (3) respond.

We may, at our discretion, monitor, edit, or remove Feedback we deem unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that infringes any intellectual property or violates these Terms.

You agree that your Feedback does not violate any third-party rights, contain defamatory or unlawful material, or include viruses or harmful code. You must not use a false email address or mislead us or others. You are solely responsible for your Feedback.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information provided through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or availability.

We reserve the right to correct errors, update information, or cancel orders if information is inaccurate at any time without prior notice (including after an order has been submitted).

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You agree not to use the Services:

(a) for illegal or malicious purposes;
(b) to violate any law or regulation;
(c) to infringe intellectual property rights;
(d) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate;
(e) to submit false or misleading information;
(f) to upload or transmit any material that violates these Terms;
(g) to send unsolicited advertising, spam, or chain letters;
(h) to impersonate others;
(i) to engage in conduct that restricts or inhibits others’ use of the Services or exposes others to liability.

You further agree not to:
(a) upload viruses or malicious code;
(b) reproduce or exploit the Services;
(c) collect or track personal information;
(d) spam, phish, pharm, pretext, crawl, or scrape;
(e) interfere with security features.

We reserve the right to suspend or terminate your access if you violate any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services at any time, without notice, at our sole discretion. You remain responsible for all charges incurred up to the date of termination.

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 other provision that should reasonably survive.

SECTION 15 – WARRANTY DISCLAIMER

Information provided through the Services is for general informational purposes only. We do not guarantee accuracy or completeness. Your reliance on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY OUR STORE, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE OFFERED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

We do not guarantee uninterrupted, timely, secure, or error-free use of the Services.

Some jurisdictions do not allow disclaimer of implied warranties, so these limitations may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR STORE, SHOPIFY, OR ANY AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Our Store, Shopify, and their affiliates, directors, employees, and agents from any claims or demands, including reasonable attorney fees, arising out of:
(1) your violation of these Terms,
(2) your violation of any law or third-party rights, or
(3) your use of the Services.

We will notify you of any claim subject to indemnification. We may control the defense, but will not settle without your consent if non-monetary obligations are involved.

SECTION 18 – SEVERABILITY

If any provision of these Terms is deemed unlawful or unenforceable, the remaining provisions remain valid.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure to enforce any right under these Terms does not constitute a waiver. These Terms, along with posted policies, constitute the entire agreement between you and us, replacing all previous agreements.

Ambiguities in interpretation shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not assign or transfer these Terms without our written consent. We may assign or delegate these Terms at any time without notice.

SECTION 21 – GOVERNING LAW

These Terms and all agreements for Services are governed by the courts in the jurisdiction where Our Store is headquartered. You and Our Store consent to the jurisdiction of those courts.

SECTION 22 – HEADINGS

Headings are for convenience only and do not limit or affect these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You may review the most recent version of the Terms at any time on this page. We reserve the right to update or modify these Terms at our discretion by posting updates on our website.

You are responsible for reviewing changes. Continued use of the Services after changes are posted constitutes acceptance.

SECTION 24 – CONTACT INFORMATION

Questions regarding the Terms of Service should be sent to: tiffany@heatmess.com

Our contact details are listed below:
Tiffany by Heat Mess
tiffany@heatmess.com
Rue Abbé Cuvelier 2
5523 Belgium
1009604011
BE1009604011