Terms of service

OVERVIEW
Welcome to VHERSO! The terms "we", "us" and "our" refer to VHERSO. VHERSO operates this store and the website, including the information, the content, the features, the tools, the products and the services, in order to provide you, the customer, with an appropriate shopping experience (the "Services"). VHERSO is supported by Shopify, which enables us to provide you with the Services.

The terms and conditions below, together with any policy contained therein ("Terms and Conditions of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms and Conditions of Service carefully, as they include important information relating to your legal rights and cover areas such as warranty limitations and limitations of liability.

By visiting, interacting with or using our Services you agree to be bound by these Terms and Conditions of Service and by our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions of Service or to the Privacy Policy you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms and Conditions of Service you declare that you are of legal age in the state or province in which you reside, and that you have given us consent to allow minors connected to you to use the Services on devices in your possession or purchased or managed by you.
To use the Services, including accessing or browsing the online stores or purchasing products and services offered by us, you may have to provide certain information such as your email address and your billing, payment and shipping details. You declare and warrant that all the information you provide in our stores is correct, up to date and complete and that you hold all the rights necessary to provide such information.
The activity on your account and the protection of your account credentials are your responsibility. You must not transfer, sell, assign or license your account to other people.

SECTION 2 - OUR PRODUCTS
We have made every effort to offer an accurate presentation of our products and services in our online stores. However, the display of the colours and appearance of the products may vary depending on the type of device you use to access the store and on the settings and configuration of that device.
We cannot guarantee that the appearance or the quality of the products or services you purchase will meet your expectations or be identical to what is described or shown in our online stores.
All product descriptions are subject to change at any time, without any notice and at our discretion. We reserve the right to discontinue any product at any time and to limit from time to time the quantities of the products offered to any person, geographical area or jurisdiction.

SECTION 3 - ORDERS
When you place an order you are submitting an offer to purchase. VHERSO reserves the right to accept or refuse your order at its own discretion for any reason. Your order is not confirmed until VHERSO confirms its acceptance. Before accepting an order we must receive and process payment. Please check your order carefully before submitting it, as VHERSO may not be able to meet requests to cancel an order after acceptance. In the event that an order is refused, modified or cancelled, we will notify you by contacting you via the email address, billing address and/or telephone number you provided when submitting the order.
Your purchases are subject to return or exchange exclusively in accordance with our Refund Policy [LINK].
You declare and warrant that you are making purchases for personal or family use and not for resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and offers are subject to change without notice. The price charged for a product or a service will be the price in effect at the time the order is submitted and you will be able to see it in the order confirmation email. Unless otherwise specified, the published prices do not include taxes or customs, shipping, handling and import costs.
The prices published in our online stores may differ from the prices offered in physical or online stores or in other stores operated by third parties. From time to time we may make offers on the Services that affect prices and that are subject to terms and conditions independent of these Terms. In the event of a conflict between the terms of an offer and these Terms, the terms of the offer will prevail.
For all purchases made in our stores, you agree to provide correct, up-to-date and complete purchase, payment and account details. You agree to update your account and other information immediately, including your email address and the numbers and expiry dates of your credit cards, in order to enable us to complete your transactions and contact you if necessary.
You declare and warrant that (i) the credit card details you provide are truthful, correct and complete, (ii) you are authorised to use that credit card for the purchases, (iii) the charges billed to you will be honoured by the credit card company, and (iv) you will pay the charges billed to you according to the published prices, including shipping and handling charges and all other taxes if applicable.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays attributable to shipping couriers, customs procedures or events outside our control. Once the products have been transferred to the courier, ownership and the risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, texts, displays, images, graphics, product reviews, video and audio, in addition to the design, selection and arrangement thereof, are the property of VHERSO, its affiliates or licensors and are protected by United States and foreign patent, copyright and intellectual property laws.
These Terms allow you to use the Services for exclusively personal and non-commercial use. You must not reproduce, distribute, modify, create copies of, publicly display and perform, republish, download, store or transmit material relating to the Services without our written consent. Except as expressly stated, nothing in these Terms grants or may be interpreted as granting a licence or other rights in your favour in relation to patents, trademarks, copyright or other intellectual property of VHERSO, of Shopify or of third parties. Unauthorised use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted in this document are reserved to VHERSO.
The names, logos, product and service names, designs and slogans of VHERSO are trademarks of VHERSO or of its affiliates or licensors. You must not use these trademarks without the written authorisation of VHERSO. 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 present in the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services and which we do not verify, control or provide.
You understand and agree that we provide access to such tools "as is" and "as available" without any kind of warranty, representation or conditions and without any support. We have no liability arising out of or relating to your use of optional third-party tools.
Your use of the optional tools offered through the site is at your own risk and discretion and, furthermore, you must be aware of and accept the terms on which such tools are provided by the relevant third-party suppliers.
In future we may offer new features through the Services (including the launch of new tools and resources). Such new features are to be considered part of the Services and are subject to these Terms and Conditions of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). It is not our responsibility to examine or evaluate the content or the accuracy of third-party materials or websites that you choose to access. Should you decide to leave the Services to access such third-party materials or sites, you will do so at your own risk.
We are not responsible for any problems or damage linked to your access to third-party websites, or to your purchase or use of products, services, resources or content on third-party websites. Please read the policies and practices of the third parties in question carefully and understand them before carrying out any transaction. Any complaints, doubts or questions relating to third-party products and services must be submitted to those third parties.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE FOR THE MERCHANT: This section describes in detail Shopify's relationship with your store and must not be removed or modified.]
VHERSO is operated by Shopify, which enables us to provide you with the Services. However, the sales and purchases you make in our Store take place directly with VHERSO. By using the Services you understand and agree that Shopify is not responsible for any aspect of the sales between you and VHERSO, including any injury, damage or loss arising from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising out of or relating to the purchases and transactions you make with VHERSO.

SECTION 10 - PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be consulted here [LINK], and certain personal data may be subject to Shopify's Privacy Policy, which can be consulted here. By using the Services you confirm that you have read the aforementioned privacy policies.
Because it supports the Services, Shopify collects and processes the personal data relating to your access to and use of the Services in order to offer and improve the Services for you. In order to offer and improve the Services for you, the data you send to the Services will be transmitted to and shared with Shopify and third parties who may be located in countries other than your own. Please consult our privacy policy [LINK] for more information on how we, Shopify and our partners use your personal data.

SECTION 11 - FEEDBACK
When you send, upload, publish, email or otherwise transmit any idea, suggestion, feedback, review, proposal, plan or other content (generally "Feedback"), you grant us the ongoing, global, transferable and royalty-free licence to use, reproduce, modify, publish, distribute and display the aforementioned Feedback through any medium for any purpose, including commercial purposes. For example, we may exercise our rights under this licence to manage, provide, evaluate, improve, enhance and promote the Services, to perform the obligations and exercise our rights as set out in the Terms and Conditions of Service.
Furthermore, you confirm and agree that: (i) you own the rights necessary for all the Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obliged to (1) keep your Feedback confidential; (2) pay you for your Feedback; (3) respond to your Feedback.
Although we are not obliged to, we may monitor, modify or remove Feedback which, at our discretion, turns out to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or in violation of intellectual property or of these Terms and Conditions of Service.
You confirm that your Feedback will not violate any right of any third party, including copyright, trademark, privacy and personality rights and any other personal or proprietary right. You further confirm that your Feedback will not include defamatory or otherwise unlawful, offensive or obscene content, nor will it contain viruses or other computer malware that could affect the operation of the Services or of any linked website. You must not use a false email address, nor pretend to be someone else or mislead us or third parties regarding the origin of your Feedback. Your Feedback and its accuracy are your sole responsibility. We assume no liability for Feedback published by you or by third parties.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
It may happen that the information relating to the Services or included in them contains typographical errors, inaccuracies or omissions that may concern product descriptions, prices, offers, promotions, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to modify or update the information or cancel orders in the event of errors at any time and without any notice (even after an order has been submitted).

SECTION 13 - PROHIBITED USES
You may access and use the Services only for legitimate purposes. You may not access or use the Services, directly or indirectly, to: (a) unlawful or malicious purposes; (b) violate local, provincial, state, federal and international rules, regulations, laws or ordinances; (c) infringe or violate our intellectual property rights or those of others; (d) harass, oppress, insult, harm, defame, slander, disparage, intimidate or offend our employees or anyone else; (e) transmit false or misleading information; (f) send, receive, upload, download, use or reuse material that does not comply with these Terms; (g) transmit or induce the sending of advertising or promotional material, including "junk mail", "chain letters", "spam" or other similar solicitations; (h) impersonate or attempt to impersonate another person or entity; (i) adopt any other type of behaviour that prevents or inhibits the use of or access to the Services by other people, or that we deem harmful to VHERSO, Shopify or the users of the Services, or that exposes them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or other types of malicious code that could be used to affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal data of other people; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (e) interfere with or circumvent the security features of the Services or of the related websites, of other websites or of the internet. We reserve the right to suspend, disable or close your account at any time, without notice, should we consider that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement at any time or discontinue your access to the Services (or to any part of them) at our discretion and without notice; you will continue to be responsible for all amounts due up to the date of termination.
The following sections will continue to be valid after termination: Intellectual Property, Feedback, Termination, Warranty Limitation, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Applicable Laws, Privacy Policy and any other clause that, by its nature, lasts beyond termination.

SECTION 15 - WARRANTY LIMITATION
The information presented in or through the Services is made available exclusively for general informational purposes. We do not guarantee the accuracy, completeness or usefulness of such information. You rely on such information exclusively at your own risk. We assume no liability for reliance placed on such materials by you, by any visitor to the Services or by anyone who may become aware of such content.
EXCEPT AS EXPRESSLY STATED BY VHERSO, THE SERVICES AND ALL THE PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY KIND OF REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICE, FITNESS FOR A SPECIFIC PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR ASSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OF OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT BE VALID FOR YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VHERSO, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, TRADERS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST EARNINGS, LOSS OF DATA, REPLACEMENT COSTS OR OTHER SIMILAR DAMAGES, WHETHER ARISING FROM CONTRACTUAL, SPECIAL OR TORT LIABILITY (INCLUDING NEGLIGENCE) OR ARISING FROM YOUR USE OF THE SERVICES OR OF THE PRODUCTS OBTAINED THROUGH THE SERVICES; NOR FOR OTHER CLAIMS RELATING TO YOUR USE OF THE SERVICES OR OF THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN THE CONTENT, ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR OF THE CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, REGARDLESS OF ANY NOTICE OF SUCH POSSIBILITY.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless VHERSO, Shopify and our affiliates, partners, officers, directors, employees, agents, traders, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal costs payable to any third party as a consequence of: (1) your violation of these Terms and Conditions of the Services or of the documents contained therein, (2) your violation of laws or of the rights of third parties, (3) your access to and use of the Services.
We will notify you of any indemnifiable claims, provided that failure to notify promptly does not release you from your obligations unless you are materially affected. We may control the defence and the settlement of such a claim at your expense, including the choice of counsel, but we will not settle claims that require non-monetary obligations on your part without your consent (which may not be withheld without reasonable grounds). You will cooperate in the defence of non-indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event that any clause of these Terms and Conditions of Service is held to be unlawful, void or unenforceable, it will not be applicable even to the extent permitted by the law in force, and the severance of the unenforceable part from these Terms and Conditions of Service will be assessed; that decision will not affect the validity and enforceability of the remaining clauses.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure by Shopify to exercise or enforce any right or clause of these Terms and Conditions of Service will not constitute a waiver of that right or clause.
These Terms and Conditions of Service and any policy or operating rule published by us on this site or relating to the Services constitute the entire agreement and understanding between us and you, and govern your use of the Services, superseding any previous or contemporaneous agreement, communication and proposal, whether oral or written, between us and you (including but not limited to any previous version of the Terms and Conditions of Service).
Any ambiguities in the interpretation of these Terms and Conditions of Service are not to be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You must not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our written consent; any attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without notifying you or without your consent.

SECTION 21 - APPLICABLE LAWS
These Terms and Conditions of Service and any separate agreement under which we provide you with the Services must be governed and interpreted under the federal, state or territorial courts in the jurisdiction in which VHERSO is based. You and VHERSO accept venue and personal jurisdiction in those courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and do not limit or affect these Terms.

SECTION 23 - CHANGES TO THE TERMS AND CONDITIONS OF SERVICE
You can consult the current version of the Terms and Conditions 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 and Conditions of Service by publishing the updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of changes to any material of these Terms in accordance with applicable laws, and such changes will be effective from the date indicated in the notice. Your continued use of or access to the Services following changes to the Terms and Conditions of Service constitutes your acceptance of those changes.

SECTION 24 - CONTACT DETAILS
Questions relating to the Terms and Conditions of Service must be sent to the address vhersoclo@gmail.com.
Our contact details are given below:

vhersoclo@gmail.com
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