Terms of service
OVERVIEW
Welcome to Soraé Jewellery! The terms 'we', 'us' and 'our' refer to Soraé Jewellery. Soraé Jewellery operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalised shopping experience (the 'Services'). Soraé Jewellery is powered by Shopify, enabling us to deliver the Services to you.
The terms and conditions below, including all policies referenced herein (the 'Terms of Service' or 'Terms'), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and address topics 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 the Privacy Policy, access to and use of our Services is not permitted.
ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are of legal age under the laws of the state or province where you reside, and that you have given us permission to allow any minor members of your household to use the Services on devices you own, purchase or manage.
To use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment and shipping details. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you hold all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity in your account. You may not transfer, sell, assign or license your account to anyone else.
ARTICLE 2 - OUR PRODUCTS
We strive to provide as accurate a description as possible of our products and services in our online stores. Please note, however, that the colours and appearance of a product may differ from how they are displayed on your screen. This is related to the type of device you use to access the store and the settings and configuration of that device.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our online store.
All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products we offer per person, geographic region or jurisdiction on a case-by-case basis.
ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Soraé Jewellery reserves the right to accept or decline your order at its sole discretion for any reason. Your order is only accepted once Soraé Jewellery has confirmed it. We must have received and processed your payment before your order is accepted. Please review your order carefully before submitting it. Soraé Jewellery may not be able to honour a cancellation request once your order has been accepted. In the event we do not accept, modify or cancel an order, we will endeavour to notify you by contacting you via the email address, billing address and/or phone number provided during the ordering process.
You may only return or exchange purchases 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.
ARTICLE 4 - PRICING 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 you place your order. This price will be stated in the confirmation email you receive after placing your order. Unless expressly stated otherwise, prices shown are exclusive of taxes, shipping costs, handling fees, customs duties and import charges.
Prices displayed in our online stores may differ from prices in physical stores, or in online stores or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and that are subject to terms and conditions separate from these Terms. In the event of a discrepancy between the terms of a promotion 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 stores. You agree to promptly update your account and other details, including your email address, credit card numbers and credit card expiry dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is accurate, correct and complete; (ii) you are authorised to use the credit card for purchases; (iii) your charges are approved by the credit card company; and (iv) you will pay the charges you incur in accordance with the prices displayed, including shipping costs, handling fees and all applicable taxes, where applicable.
ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing or events beyond our control. Once we have handed the products to the carrier, ownership and risk of loss have transferred to you.
ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, marks, texts, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Soraé Jewellery, its affiliates or licensors, and are protected by patent, copyright and intellectual property laws in the United States and other countries.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you a licence or any other rights under any patent, trademark, copyright or other intellectual property of Soraé Jewellery, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved to Soraé Jewellery.
The names, logos, product names, service names, design elements and slogans of Soraé Jewellery are trademarks of Soraé Jewellery or its affiliates or licensors. You may not use such trademarks without the prior written consent of Soraé Jewellery. The name, logo, product names, service names, design elements and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements and slogans within the Services are trademarks of their respective owners.
ARTICLE 7 - OPTIONAL TOOLS
You may be able to access tools for customers provided by third parties in connection with the Services. We do not monitor these tools and have no control over or influence on them.
You acknowledge and agree that we provide access to such tools in their current state and on an as-available basis, without any warranties, representations or conditions of any kind and without any endorsement. We are not liable in any way for any damage arising from or related to your use of optional third-party tools.
You use optional tools offered through the site entirely at your own risk and at your own discretion. You are responsible for ensuring that you are aware of and agree to the terms under which the tools are provided by the relevant third party or parties.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and will be subject to these Terms of Service.
ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites offered or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of materials or third-party websites you wish to access. If you choose to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not liable for any damage or adverse consequences related to your visit to third-party websites, or to your purchase or use of products, services, resources or content on third-party websites. Please carefully read and ensure you understand the third party's policies and practices before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.
ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
Soraé Jewellery uses Shopify to enable us to provide you with the Services. However, all sales and purchases you make in our store are handled directly with Soraé Jewellery. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Soraé Jewellery, including injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities that may arise from or relate to your purchases from and transactions with Soraé Jewellery.
ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read the relevant Privacy Policy.
As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services is forwarded to and shared with Shopify, as well as with third parties who may be located in countries other than where you reside, so that they can provide services to you. Please read our Privacy Policy for more information on how we, Shopify and our partners use your personal information.
ARTICLE 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively referred to as 'Feedback'), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We may use our rights under this licence, for example, to operate, deliver, evaluate, improve and promote the Services, and to fulfil our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own all Feedback or hold all necessary rights to all Feedback; (ii) you have disclosed all compensation or incentives you have received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not now or in the future obligated to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene or otherwise unacceptable, or in violation of the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback will not infringe the rights of third parties, including copyrights, trademarks, privacy rights, publicity rights and other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene content, nor computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate any other 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 submit and its accuracy. We are not responsible and accept no liability for any Feedback posted by you or any third party.
ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, information in or relating to the Services may contain typographical errors, inaccuracies or omissions. This information may relate to product descriptions, prices, promotions, offers, shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information. We may also cancel orders where relevant information is incorrect, at any time and without prior notice (including after you have placed an order).
ARTICLE 13 - PROHIBITED USE
You may only use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services (a) for unlawful or harmful activities; (b) to violate international, national, federal or provincial laws, regulations, provisions or local ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate our employees or other individuals; (e) to submit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse material that does not comply with these Terms; (g) to send or cause the sending of advertising or promotional material, including junk mail, chain letters, spam and other similar methods; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other activities that restrict or hinder others' use of the Services, or that, as determined by us, may be harmful to Soraé Jewellery, Shopify or users of the Services, or expose them to liability.
You further agree not to: (a) upload or transmit viruses or other types of malicious code that in any way affect or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track personal information of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling or scraping; and (e) interfere with or circumvent the security features of the Services, related websites, other websites or the internet. We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have violated any provision of these Terms.
ARTICLE 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 prior notice. You remain liable for all amounts due up to and including the date of termination.
The following articles continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions that by their nature should survive termination.
ARTICLE 15 - DISCLAIMER OF WARRANTIES
The information provided in or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services and any other person who may be informed of its contents.
UNLESS EXPRESSLY STATED BY Soraé Jewellery, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED IN THEIR CURRENT STATE AND AS AVAILABLE FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, 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 THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS RESTRICTED OR NOT PERMITTED. THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.
ARTICLE 16 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, Soraé Jewellery, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, LOSS OF 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 PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ERRORS OR OMISSIONS IN THE 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 THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ARTICLE 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Soraé Jewellery, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against all costs relating to losses, damages, liabilities or claims, including reasonable legal fees payable to a third party, arising out of or resulting from (1) your breach of these Terms of Service or documents incorporated herein 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 in the event of a claim giving rise to indemnification, provided that failure to provide timely notice does not relieve you of your obligations unless you are materially prejudiced thereby. We may manage the defence and settlement of any such claim at your expense, including the engagement of legal counsel, but we will not settle claims that require non-monetary obligations from you without your consent (which you may not unreasonably withhold). You are required to cooperate in the defence of claims giving rise to indemnification, including by providing relevant documents.
ARTICLE 18 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such a finding shall not affect the validity and enforceability of the remaining provisions.
ARTICLE 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 of the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service. These Terms supersede 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.
ARTICLE 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so shall be deemed void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.
ARTICLE 21 - GOVERNING LAW
These Terms of Service and any separate agreements pursuant to which we provide you with our Services are governed by and construed in accordance with the laws of the Netherlands. You and Soraé Jewellery submit to the exclusive jurisdiction of the competent courts in Amsterdam, the Netherlands.
ARTICLE 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 23 - CHANGES TO THE 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, adjust or replace any part of these Terms of Service. Updates and changes will be posted on our website. It is your responsibility to check our website periodically for changes. We will send you a notice of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued access to or use of the Services after any changes to these Terms of Service have been made constitutes your acceptance of those changes.
ARTICLE 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@sorae.nl. Our contact details are listed below:
Soraé Jewellery
E-mail: hello@sorae.nl
Address: Postbus 14730, 1001 LE Amsterdam
Chamber of Commerce number: 96807571
VAT number: NL867770326B01
