Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to INDOCILE!
The terms "we," "us," and "our" refer to INDOCILE. INDOCILE 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").
INDOCILE is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to be bound by these Terms of Service and our applicable policies, including our Privacy Policy, Return Policy, and Shipping Policy.
If you do not agree to these Terms of Service or our applicable policies, you should not use or access the 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 jurisdiction of residence, or that you have given consent for any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use certain portions of the Services, including purchasing products, you may be asked to provide information such as your email address, billing information, payment information, and shipping information.
You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide such information.
You are responsible for maintaining the security of your account credentials and for activity occurring through your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to display and describe our products as accurately as possible.
However, colors and product appearance may vary depending on the device, screen, display settings, lighting, photography, and other factors.
We do not guarantee that the appearance or color of a product displayed on your device will exactly match the physical product you receive.
Product descriptions, pricing, availability, and other product information may be changed at any time without notice.
We reserve the right to discontinue products at any time and may limit quantities available for purchase.
All products are subject to availability.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase products from INDOCILE.
INDOCILE reserves the right to accept, decline, limit, or cancel an order when reasonably necessary, including because of suspected fraud, inventory errors, pricing errors, payment issues, or product availability.
Your order is not considered accepted until INDOCILE confirms acceptance and payment has been successfully processed.
Please review your order carefully before submitting it. Because we begin processing orders as quickly as possible, we cannot guarantee that changes or cancellation requests can be accommodated after an order has been placed.
If we need to cancel or make a material change to an order, we will attempt to notify you using the contact information provided with your order.
Purchases and returns are subject to our Return Policy.
Purchases are intended for lawful personal or household use unless otherwise authorized by INDOCILE.
SECTION 4 - PRICES AND BILLING
Prices, discounts, promotions, and product availability are subject to change without notice.
The price charged for a product will generally be the price displayed at the time the order is placed, subject to correction of obvious errors.
Unless otherwise stated, displayed product prices do not include applicable taxes or shipping charges.
Applicable shipping charges and taxes will be displayed during checkout when required.
Promotional offers may be subject to additional terms and conditions. If the specific terms of a promotion conflict with these Terms of Service regarding that promotion, the promotion-specific terms will control.
You agree to provide current, complete, and accurate purchase, payment, shipping, and account information.
You represent that you are authorized to use any payment method submitted for a purchase and agree to pay all authorized charges associated with your order.
SECTION 5 - SHIPPING AND DELIVERY
Orders are shipped according to our Shipping Policy.
Processing and delivery times are estimates and are not guaranteed.
Delivery may be affected by carrier delays, weather, holidays, high order volume, service disruptions, incorrect addresses, and other circumstances outside INDOCILE's reasonable control.
Once an order has shipped, tracking information will be provided when available.
Questions involving delayed, lost, missing, stolen, damaged, or incorrectly delivered packages will be handled in accordance with our Shipping Policy and applicable law.
SECTION 6 - INTELLECTUAL PROPERTY
The Services, including our trademarks, brand names, logos, text, graphics, photographs, product images, videos, audio, designs, website elements, and other original content, are owned by or licensed to INDOCILE and are protected by applicable intellectual property laws.
The Services are provided for your personal, non-commercial use.
Unless expressly permitted by INDOCILE or applicable law, you may not reproduce, distribute, modify, publish, display, transmit, sell, exploit, or create derivative works from INDOCILE content without prior written permission.
INDOCILE names, logos, product names, designs, slogans, and other brand identifiers may constitute trademarks or other protected intellectual property and may not be used without authorization.
Shopify's names, logos, product and service names, designs, and slogans are trademarks of Shopify or its applicable affiliates.
All other trademarks appearing through the Services belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide access to tools, integrations, or functionality supplied by third parties.
We may not monitor or control these third-party tools.
Access to third-party tools may be provided "as is" and "as available" without warranties, representations, or endorsements by INDOCILE except as otherwise required by law.
Your use of third-party tools is at your own discretion and may also be governed by the terms and policies of the applicable third party.
We may introduce new tools, resources, or features in the future. Such features may also form part of the Services and be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links or access to websites, services, materials, or functionality operated by third parties.
INDOCILE is not responsible for the content, accuracy, availability, security, practices, or policies of third-party websites or services.
If you choose to access a third-party website or service, you do so subject to that third party's applicable terms and policies.
Questions or disputes regarding products or services purchased directly from a third party should generally be directed to that third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
INDOCILE is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our Store are made directly with INDOCILE.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and INDOCILE, including any injury, damage, or loss resulting from purchased products and 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 INDOCILE.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Because the Services are hosted by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services in order to provide and improve Shopify's services.
Information submitted through the Services may also be transmitted to or processed by service providers and other parties that assist us in operating the store, processing transactions, fulfilling orders, preventing fraud, providing customer service, and performing other business functions.
Please review the INDOCILE Privacy Policy available on our website for additional information about how personal information is collected, used, disclosed, and protected.
SECTION 11 - FEEDBACK AND USER CONTENT
If you voluntarily submit, upload, post, email, tag, mention, or otherwise provide ideas, suggestions, reviews, photographs, videos, feedback, or other content to INDOCILE ("Feedback"), you represent that you have the necessary rights to provide that content.
Unless otherwise prohibited by law or agreed in writing, you grant INDOCILE a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, and share Feedback for purposes including operating, improving, and promoting INDOCILE and the Services.
You are responsible for the accuracy and legality of Feedback you submit.
Feedback may not violate the rights of another person, including intellectual property, privacy, publicity, or other proprietary rights, and may not contain unlawful, abusive, defamatory, obscene, malicious, or harmful content.
We reserve the right, but do not assume an obligation, to remove or restrict content that violates these Terms or applicable law.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, inventory, or availability.
We reserve the right to correct errors, inaccuracies, or omissions and to update information when reasonably necessary.
If an error materially affects an order you have already submitted, we may contact you regarding the issue and, when appropriate, cancel or adjust the affected transaction in accordance with applicable law.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to:
(a) violate applicable laws, regulations, rules, or ordinances;
(b) infringe or violate the intellectual property or other legal rights of INDOCILE or another person;
(c) harass, threaten, abuse, defame, intimidate, or unlawfully harm another person;
(d) submit false, fraudulent, or misleading information;
(e) distribute spam, phishing attempts, malware, viruses, or other malicious code;
(f) impersonate another person or entity;
(g) collect or track personal information about others without authorization;
(h) interfere with the security, operation, functionality, or integrity of the Services;
(i) circumvent security or access restrictions;
(j) reproduce, scrape, copy, sell, resell, or exploit portions of the Services for unauthorized commercial purposes; or
(k) otherwise use the Services in a manner that could unlawfully harm INDOCILE, Shopify, our customers, or another person.
We reserve the right to restrict or terminate access to the Services when we reasonably determine that these Terms have been violated.
SECTION 14 - AUTOMATED AGENTS
If you use software, automated systems, artificial intelligence agents, bots, or similar technology to access or interact with the Services, such technology must comply with applicable law, these Terms, and any technical restrictions implemented by INDOCILE or Shopify.
Automated systems may not conceal their nature for the purpose of circumventing security controls, bypass access restrictions, defeat CAPTCHAs or similar safeguards, or interfere with the normal operation of the Services.
We reserve the right to limit or block automated access to the Services where reasonably necessary to protect the Services, INDOCILE, Shopify, or our customers.
SECTION 15 - TERMINATION
We may suspend or terminate access to the Services where reasonably necessary, including because of a violation of these Terms, suspected fraudulent activity, misuse of the Services, or threats to the security or operation of the Services.
Termination does not eliminate obligations incurred before termination, including amounts lawfully owed for completed purchases.
Provisions that by their nature should survive termination will continue to apply after termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED BY INDOCILE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
INDOCILE DOES NOT GUARANTEE THAT ACCESS TO THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT WARRANTIES, RIGHTS, OR REMEDIES THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INDOCILE AND ITS AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.
THIS MAY INCLUDE, WHERE PERMITTED BY LAW, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR SIMILAR DAMAGES.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless INDOCILE, Shopify, and our respective affiliates, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal expenses arising from your material violation of these Terms, violation of applicable law, infringement of another person's rights, or unlawful misuse of the Services.
Nothing in this section creates an obligation that is prohibited by applicable law.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law or severed to the extent necessary.
The remaining provisions will continue in full force and effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
A failure by INDOCILE to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms of Service, together with policies and other terms posted through the Services that apply to your transaction or use of the Services, constitute the agreement between you and INDOCILE regarding your use of the Services.
These Terms supersede prior communications or agreements relating to the same subject matter except where otherwise expressly agreed in writing.
SECTION 21 - ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent except where applicable law provides otherwise.
INDOCILE may assign or transfer its rights and obligations in connection with a merger, acquisition, sale, restructuring, transfer of the business, or as otherwise permitted by law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which INDOCILE provides the Services will be governed by applicable federal law and the laws of the state in which INDOCILE is headquartered, without regard to conflict-of-law principles, except where applicable consumer protection law requires otherwise.
Nothing in these Terms limits rights you may have under mandatory consumer protection laws applicable to you.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
The most current version of these Terms of Service will be available through our website.
We reserve the right to update, change, or replace portions of these Terms by posting an updated version to the website.
Where required by applicable law, we will provide notice of material changes.
Changes will become effective as stated in the updated Terms or as otherwise required by applicable law.
Your continued use of the Services after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service or your INDOCILE order may be sent to:
INDOCILE
Email: hello@shopindocile.com
Website: shopindocile.com