服务条款
Overview
This website is operated by Vibe And Luck. Throughout the site, the terms “we”, “us” and “our” refer to Vibe And Luck. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions.
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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 that you have permitted any minor dependents to use the Service on devices owned, purchased, or managed by you. To use the Service, 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, payment, and shipping information. You represent and warrant that all information you provide in our store is true, 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 for all activities that occur under your account. You may not transfer, sell, assign, or otherwise delegate your account to any other person.
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2. Our Products
We have made every effort to accurately display our products and services in the online store. Please note, however, that colors and product appearance may differ from what you see on your screen due to variations in 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 any products or services you purchase will meet your expectations or will be as displayed or presented in the online store.
All product descriptions are subject to change at any time without notice, and all determinations regarding such descriptions shall be made in our sole discretion. We reserve the right to discontinue any product at any time and may, in our sole discretion, limit the quantities of any product offered to any person, geographic region, or jurisdiction on a case-by-case basis.
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3. Orders
When you place an order, you are making an offer to purchase. Vibe And Luck reserves the right to accept or reject your order in its sole discretion for any reason. Your order shall not be deemed accepted until confirmed by Vibe And Luck. An order will not be accepted until we have received and processed your payment. Please review your order carefully before submitting it; once accepted, Vibe And Luck may be unable to accommodate cancellation requests. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number you provided at the time of ordering. Your purchase may be returned or exchanged only in accordance with our Refund Policy at [Link].
You represent and warrant that your purchase is for personal or household use only and is not for commercial resale or export.
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4. Prices and Billing
Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service is 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, handling, duties, or import fees.
Prices posted in our online store may differ from prices available in physical stores, online stores operated by third parties, or other retail locations. From time to time, we may offer promotions in connection with the Service, which may affect pricing and are subject to terms and conditions separate from these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we may complete your transactions and contact you as needed.
You represent and warrant that (a) the credit card information you provide is true, correct, and complete; (b) you are duly authorized to use such credit card for the purchase; (c) charges incurred by you will be honored by your credit card company; and (d) you will pay all charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
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5. Shipping and Delivery
We are not liable for any delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We assume no responsibility for delays caused by carriers, customs processing, or circumstances beyond our control. Title and risk of loss pass to you upon our delivery of the product to the carrier.
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6. Intellectual Property
Our Service, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, together with their design, selection, and arrangement, is owned by Vibe And Luck, its affiliates, or licensors and is protected by United States and international patent, copyright, and other intellectual property laws.
These Terms grant you a limited right to use the Service for personal, non-commercial purposes only. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials on or through the Service without our prior written consent. Except as expressly set forth herein, nothing in these Terms shall be construed as granting you any license or other right in any patent, trademark, copyright, or other intellectual property of Vibe And Luck, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. Vibe And Luck reserves all rights not expressly granted in these Terms.
The name, logo, product and service names, designs, and slogans of Vibe And Luck are trademarks of Vibe And Luck or its affiliates or licensors. You may not use such trademarks without the prior written permission of Vibe And Luck. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Service are the trademarks of their respective owners.
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7. Optional Tools
You may be provided with access to third-party tools made available as part of the Service, which we neither monitor nor control and over which we have no ability to intervene.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind and without any endorsement. We assume no liability whatsoever arising out of or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Service is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Service (including the release of new tools and resources). Such new features shall also be deemed part of the Service and shall be subject to these Terms of Service.
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8. Third-Party Links
The Service may contain materials from and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We do not undertake to review or evaluate the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Service to access such materials or third-party websites, you do so entirely at your own risk.
We assume no responsibility or liability for any harm, loss, or damages arising from your access to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please carefully read and understand the policies and terms of any third party before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed directly to the third party.
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9. Relationship with Shopify
Vibe And Luck is powered by Shopify, which enables us to provide services to you. However, any sales and purchases you make in our store are conducted directly with Vibe And Luck. By using this service, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Vibe And Luck, including any injury, damage, or loss resulting from the purchase of products or services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases from or transactions with Vibe And Luck.
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10. Privacy Policy
All personal information we collect through the Service is subject to our Privacy Policy, available at [Privacy Policy Link]. Certain personal information may also be subject to Shopify’s Privacy Policy, available at [Shopify Privacy Policy Link]. By using the Service, you acknowledge that you have read and understood this Privacy Policy.
Because the Service is hosted by Shopify, Shopify will process personal information relating to your access to and use of the Service in order to provide and improve the Service. Information you submit to the Service will be transferred to Shopify and to third parties that may be located in other countries outside your country of residence for the purpose of providing the Service. Please review our Privacy Policy at [Privacy Policy Link] for details on how we, Shopify, and our partners use your personal information.
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11.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, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes. This includes, for example, using such Feedback to operate, provide, evaluate, improve, enhance, and promote our services, as well as to fulfill our obligations and exercise our rights under these Terms of Service.
You represent and warrant that: (1) you own or otherwise control all necessary rights to the Feedback; (2) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (3) your Feedback complies 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, defamatory, obscene, pornographic, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any rights of any third party, including but not limited to copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory, unlawful, abusive, or obscene material, or contain any computer virus or other malicious code that could affect the operation of the Service or any related website.
You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
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12. Errors, Inaccuracies, and Omissions
Occasionally, information on the Service may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 at any time without prior notice, including after you have submitted your order.
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13. Prohibited Uses
You may access and use the Service only for lawful purposes. You agree not to use the Service, directly or indirectly, for any of the following:
1. For any unlawful or malicious purpose;
2. To violate any applicable international, federal, state, provincial, or local laws, regulations, or ordinances;
3. To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
4. To harass, abuse, insult, harm, defame, disparage, intimidate, or otherwise harm any of our employees or any other person;
5. To submit false or misleading information;
6. To upload, transmit, or otherwise make available any material that does not comply with these Terms;
7. To transmit or procure the sending of any advertising or promotional material, including “spam,” “chain letters,” “junk mail,” or any other similar solicitation;
8. To impersonate or attempt to impersonate any person or entity; or
9. To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or that we determine may harm Vibe And Luck, Shopify, or users of the Service, or expose them to liability.
In addition, you agree not to:
1. Upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service or any related website;
2. Copy, reproduce, duplicate, sell, resell, or exploit any portion of the Service without express written permission;
3. Collect or track the personal information of others;
4. Engage in spamming, phishing, pretexting, scraping, or any similar activity;
5. Use any automated means to access the Service, including bots, crawlers, scrapers, data mining tools, automated devices or processes, or AI tools (such as autonomous agents), whether automated or manual; or
6. Interfere with, bypass, or circumvent the security features, authentication measures, robot exclusion headers, or any other measures we use to restrict access to the Service.
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.
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14. Agents
14.1 These Agent Terms apply if you use, enable, permit, or facilitate the deployment of an agent to access, use, or interact with any Service. An “Agent” is any software or service that can act on behalf of any individual or entity, or under their direction, autonomously or semi-autonomously, and can execute or use a device on behalf of an individual or entity without direct supervision.
14.2 No Agent may access, use, or interact with the Service unless it always clearly identifies itself and operates strictly in accordance with Section 14.4 below. Additionally, if we request that any Agent refrain from accessing, using, or interacting with the Service, the Agent must comply.
14.3 We may employ technical measures or other methods to limit or block any Agent from accessing, using, or interacting with the Service.
14.4 Agents must:
1. Identify themselves as an Agent in all HTTP/HTTPS requests and disclose the Agent’s name in the user-agent string using the format: ""Agent/[Agent Name]"";
2. Not conceal or obscure the fact that access, use, or interaction is performed by an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) completing or bypassing CAPTCHAs or other mechanisms designed to distinguish humans from computers;
3. Accurately respond to any prompts or questions intended to determine whether the interaction is from a human or computer; and
4. Not circumvent or otherwise evade any measures intended to prevent, restrict, modify, or control an Agent’s access, use, or interaction with the Service.
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15. Termination
We may, at our sole discretion, terminate this Agreement or your access to the Service (or any part thereof) at any time, without notice. You remain responsible for any payments due up to and including the date of termination.
The following sections will survive termination of this Agreement: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should continue after termination.
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16. Disclaimer of Warranties
The information provided through this Service is for general informational purposes only. 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, any other visitor to the Service, or anyone who may be informed of its contents.
EXCEPT AS EXPRESSLY STATED OTHERWISE BY VIBE AND LUCK, THE SERVICE AND ALL PRODUCTS PROVIDED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER 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, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER TYPES OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
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17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIBE AND LUCK, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, SHALL NOT 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 OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY PRODUCTS ACQUIRED THROUGH THE SERVICE, OR ANY OTHER CLAIM RELATED 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 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 THE POSSIBILITY OF SUCH DAMAGES.
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18. Indemnification
You agree to indemnify, defend, and hold harmless Vibe And Luck, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim (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 to and use of the Service.
We will notify you of any claim subject to indemnification; however, failure to promptly notify you will not relieve you of your indemnification obligations except to the extent you are materially prejudiced thereby. We may assume exclusive control of the defense and settlement of any such claim at your expense, including the selection of counsel. We will not, however, settle any claim that imposes any non-monetary obligation on you without your prior consent, which consent shall not be unreasonably withheld. You shall cooperate fully in the defense of any indemnified claim, including by providing relevant documents and information.
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19. Severability
If any provision of these Terms of Service is determined to be illegal, invalid, or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.
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20. 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, together with any policies or operating rules posted by us on this website or in connection with the Service, constitute 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 ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
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21. Assignment
You may not delegate, transfer, or assign these Terms or any of your rights or obligations hereunder without our prior written consent. Any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations hereunder at any time without your consent or notice.
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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 laws of the jurisdiction where Vibe And Luck’s headquarters are located, without regard to conflict of law principles. You and Vibe And Luck agree to submit to the personal jurisdiction of the federal and state/provincial courts located in that jurisdiction.
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23. Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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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, in 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 as required by applicable law, and such changes will become effective as of the date specified in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
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25. Contact Information
Questions about the Terms of Service should be sent to us at tswagstra097@gmail.com. Our contact details are as follows:
[Insert Trading Name]
tswagstra097@gmail.com.
[Insert Business Address]
[Insert Business Phone Number]
[Insert Business Registration Number]
[Insert VAT Number]