Terms & Conditions
OVERVIEW
This website is operated by Winafaye. Throughout the site, the terms “we”, “us”, and “our” refer to Winafaye. Winafaye offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
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 ("Terms of Service", "Terms"), which include additional terms, conditions, and policies referenced herein or accessible via hyperlink. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.
Please carefully review these Terms of Service before accessing or using our website. By accessing or using any part of the site, you agree to abide by these Terms of Service. If you do not agree with all the terms and conditions of this agreement, you may not access the website or use any of its services. Your access and use of the site constitute your acceptance of these Terms of Service. If these Terms of Service are construed as an offer, acceptance is expressly conditioned upon acceptance of these terms.
Any new features or tools added to our current store will also be governed by these Terms of Service. You can always review the most current version of the Terms of Service on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By accepting these Terms of Service, you confirm that you are of legal age in your state or province of residence, or that you have authorized any minor dependents to use this site under your supervision.
You agree not to use our products for any unlawful or unauthorized purpose and to comply with all laws applicable in your jurisdiction, including copyright laws, when using our Service.
You must refrain from transmitting any worms, viruses, or malicious code.
Violation or breach of any of these Terms will result in immediate termination of your access to our Services.
SECTION 2 - GENERAL CONDITIONS
We retain the right to decline service to any individual for any reason at any time.
You acknowledge that your content (excluding credit card information) may be transferred unencrypted and could involve (a) transmissions over various networks and (b) modifications to comply with technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, including any contact on the website through which the service is provided, without our express written permission.
The section headings in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without prior notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.
We are not liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may only be available online through our website. These items may have limited quantities and are subject to our Return Policy for returns or exchanges.
We strive to depict the colors and images of our products on the store as accurately as possible. However, we cannot guarantee that your computer monitor will accurately display every color.
We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction, at our discretion. We may also limit the quantities of any products or services offered. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to reject any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we make changes to or cancel an order, we will attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You also agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and communicate with you as necessary.
For more details, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may grant you access to third-party tools that we do not monitor or control.
You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without endorsement. We bear no liability arising from or related to your use of optional third-party tools.
Your use of any optional tools provided through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms under which these tools are provided by the relevant third-party provider(s).
In the future, we may introduce new services and features through the website, including new tools and resources. These new offerings will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our Service may include content, products, and services from third parties.
Links to third-party websites on this site may redirect you to sites that are not affiliated with us. We do not undertake to review or evaluate the accuracy or content of these third-party materials, and we disclaim any warranties or liabilities related to them.
We are not responsible for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Before engaging in any transaction, carefully review the policies and practices of the third-party, ensuring you understand them fully.
Any concerns, questions, complaints, or claims regarding third-party products should be directed to the third-party provider.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
When you submit specific entries at our request (such as contest entries) or share creative ideas, suggestions, proposals, plans, or other materials with us, whether online, via email, by postal mail, or otherwise (collectively, 'comments'), you agree that we have the unrestricted right to edit, copy, publish, distribute, translate, and use these comments in any medium, at any time, without any obligation to you. We are not required to: (1) maintain comments in confidence; (2) compensate you for comments; or (3) respond to comments.
While we reserve the right to monitor, edit, or remove content that we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service, we are under no obligation to do so.
You affirm that your comments will not infringe upon any third party's rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Your comments will not contain defamatory, unlawful, abusive, or obscene material, nor any computer virus or malware that could disrupt the Service or related website operations. You agree not to use a false email address, impersonate someone else, or mislead us or third parties about the origin of comments. You bear full responsibility for the accuracy and content of your comments. We disclaim all liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please refer to our Privacy Policy [here] for details.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions related 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 if any information in the Service or on any related website is inaccurate at any time without prior notice (even after you have submitted your order).
We are not obligated to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. The absence of a specific update or refresh date applied in the Service or on any related website should not be interpreted to mean that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as outlined in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that could impact the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or bypass the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may, from time to time, remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall winafaye.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors 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 from your use of any of the service or any products procured using the service, or for any other claim related in any way 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 of any kind 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 their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless winafaye.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity or enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The rights and obligations of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to enforce any right or provision of these Terms of Service shall not be considered 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 to the Service constitute the entire agreement and understanding between you and us, governing your use of the Service and 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 ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - 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 Toronto, Canada
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can always find the latest version of our Terms of Service on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and revisions to our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
If you have any questions about these Terms of Service, please reach out to us at support@winafaye.com.