Terms of service
OVERVIEW
Welcome to Emma Jonas! The terms “we,” “us,” and “our” refer to Emma Jonas. Emma Jonas operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Emma Jonas is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting or using our Services, or interacting with our Services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing products and services offered by us, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent that all information you provide 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 login credentials and for all activities occurring under your account. You may not transfer, sell, assign, or license your account to any third party.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services accurately in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen, depending on the type of device you use to access the store and your device settings and configuration.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match the images or representations shown in our online stores.
All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products 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. Emma Jonas reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not accepted until Emma Jonas confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Emma Jonas may not be able to accommodate cancellation requests once the order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of the order.
Returns or exchanges of purchases are governed exclusively by the provisions of our Refund Policy.
You represent and warrant that your purchases are intended 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 the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping costs, handling fees, customs duties, or import charges.
Prices displayed in our online stores may differ from prices in physical stores or online shops operated by third parties. We may occasionally offer promotions related to our Services that are subject to separate terms and conditions. In the event of any conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that:
(i) the credit card information you provide is true, correct, and complete;
(ii) you are duly authorized to use such credit card for the purchase;
(iii) charges incurred by you will be honored by your credit card company; 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 liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we transfer products to the shipping carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, branding, text, advertisements, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are owned by Emma Jonas, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any materials on the Services. Except as expressly stated herein, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of Emma Jonas, 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 Emma Jonas.
The names, logos, product and service names, designs, and slogans of Emma Jonas are trademarks of Emma Jonas or its affiliates or licensors. You may not use such trademarks without prior written permission from Emma Jonas. 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 Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to third-party customer tools as part of the Services. We neither monitor nor have any control or input over these tools.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without 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 website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you access. If you leave the Services to access third-party materials or websites, you do so at your own risk.
We are not liable for any 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 engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Emma Jonas is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our store are conducted directly with Emma Jonas. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Emma Jonas, including any injuries, damages, or losses resulting from the purchase of products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Emma Jonas.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services for you. Information submitted by you to the Services will be transmitted to and shared with Shopify and third-party providers who may be located in countries other than your country of residence in order to provide services to you. For more information on how we, Shopify, and our partners use your personal information, please refer to our Privacy Policy.
SECTION 11 – FEEDBACK
If you send, upload, post, email, or otherwise submit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (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. For example, we may use this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms and Conditions.
You further represent that:
(i) you own or otherwise control all rights to the Feedback;
(ii) you have disclosed any compensation or incentives received in connection with your Feedback; and
(iii) 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 are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms and Conditions.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or contain any computer virus or malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions relating 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.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for any of the following purposes:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, state, or local laws or regulations;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, intimidate, or discriminate against our employees or others;
(e) to submit false or misleading information;
(f) to upload or transmit material that does not comply with these Terms;
(g) to send unsolicited advertising or promotional materials, including spam or chain letters;
(h) to impersonate another person or entity; or
(i) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services or may harm Emma Jonas, Shopify, or users of the Services.
Additionally, you agree not to:
(a) upload or transmit viruses or malicious code;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track personal information of others;
(d) use spam, phishing, pharming, or pretexting;
(e) use robots, spiders, scraping tools, AI tools, or automated processes to access the Services; or
(f) interfere with or circumvent security features or access restrictions.
We reserve the right to suspend, disable, or terminate your account without notice if you violate any part of these Terms.
SECTION 14 – AGENTS
14.1
This section (“Agent Terms”) applies if you use, permit, enable, or direct an Agent to access, use, or interact with the Services. “Agent” means any software or service acting autonomously or semi-autonomously on behalf of a person or entity.
14.2
No Agent may access, use, or interact with the Services unless it identifies itself at all times and complies strictly with the requirements below. Additionally, no Agent may access or interact with the Services if we have instructed it to stop doing so.
14.3
We may restrict, including through technical measures, whether and how an Agent may access, use, or interact with the Services.
14.4
Agents:
(i) must identify themselves in all HTTP/HTTPS requests by including “Agent/[Agent Name]” in the User-Agent string;
(ii) must not disguise automated activity as human behavior;
(iii) must answer truthfully when asked whether interactions are human or automated; and
(iv) must not circumvent measures intended to regulate Agent access to the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services at any time without notice at our sole discretion, and you remain liable for all amounts due up to the termination date.
The following sections survive 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 16 – DISCLAIMER OF WARRANTIES
The information provided on or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance on such information is strictly at your own risk.
UNLESS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, [MERCHANT], OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND SHOPIFY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Emma Jonas, Shopify, and our affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any claims, damages, liabilities, losses, or expenses, including reasonable attorneys’ fees, arising out of or related to:
(1) your breach of these Terms;
(2) your violation of applicable law or third-party rights; or
(3) your access to or use of the Services.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any policies or operating rules posted by us, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and communications.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not assign, transfer, or delegate these Terms or your rights and obligations under them without our prior written consent. We may assign, transfer, or delegate these Terms and our rights and obligations without notice or consent.
SECTION 22 – GOVERNING LAW
These Terms and any separate agreements under which we provide Services shall be governed by and construed in accordance with the laws and courts of the jurisdiction in which Emma Jonas is located. You and Emma Jonas consent to the personal and exclusive jurisdiction of such courts.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THE TERMS AND CONDITIONS
The most current version of the Terms and Conditions will always be available on this page.
We reserve the right to update, modify, or replace any part of these Terms at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes as required by applicable law, and such changes will become effective on the date specified in the notice. Your continued use of the Services after any changes are posted constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to: shop@emmajonas.com.