Terms of service
Overview
Welcome to TODEARÉ! The term "we," "us," or "our" refers to TODEARÉ. TODEARÉ operates this store and website, including all related information, content, features, tools, products, and order services, in order to provide you, our customer, with a curated shopping experience (the "Services"). TODEARÉ is powered by Shopify, which enables us to provide the Services to you.
The following terms of service, together with any 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, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, accessing, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [link]. If you do not agree to these Terms of Service or the Privacy Policy, please do not use or access our 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 province of residence, and you consent to allowing any minor dependents to use the Services on any device that you own, purchase, or control.
To use the Services, including accessing or browsing our online store or making any purchase from our online store,
you may be required to provide certain information, such as the email address to which messages are sent, and billing, payment, and shipping information for the products and services we offer. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
Section 2 - Our Products
We make every effort to accurately represent the products and services in our online store. However, please note that colors and the appearance of products may differ from what is shown on your screen depending on the type of device and the device settings you use to access the store.
We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations, or that it will be the same as depicted or presented in our online store.
All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of any products we offer 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. TODEARÉ reserves the right to accept or decline your order at its sole discretion, for any reason. An order is not accepted until TODEARÉ confirms acceptance. Before an order is accepted, we must receive and process payment. Because TODEARÉ may not be able to accommodate cancellation requests after an order has been accepted, please review your order carefully before submitting it. If we do not accept, or if we modify or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed.
Purchases are eligible for return or exchange only in accordance with our Refund Policy [link].
You represent and warrant that the products you purchase are for your own personal or household use and not for commercial resale or export.
Section 4 - Pricing and Invoices
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 otherwise specified, posted prices do not include taxes, shipping, handling, customs duties, or import fees.
Prices posted in our online store may differ from prices offered in physical stores, other online stores, or other stores operated by external services. We may, from time to time, offer promotions relating to the Services that may affect pricing and that are governed by terms separate from these Terms. If there is any conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete, and accurate purchase, payment, 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 number, and expiration date, so that we can complete transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate, and complete; (ii) you are duly authorized to use the credit card for the purchase; (iii) the charges you incur will be honored by your credit card company; and (iv) you will pay the charges incurred at the posted prices, including all shipping charges, fees, and any applicable taxes.
Section 5 - Shipping and Delivery
We are not responsible for shipping or delivery delays. All delivery time estimates are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Title and risk of loss pass to you once we hand the products over to the carrier.
Section 6 - Intellectual Property
Our Services (including, but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof) are owned by TODEARÉ, its affiliates, or its licensors, and are protected by United States and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants, or shall be construed to grant, any license or other right under the patents, trademarks, copyrights, or other intellectual property of TODEARÉ, Shopify, or any external service. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by TODEARÉ.
The TODEARÉ name, logo, product names, service names, designs, and slogans are trademarks of TODEARÉ or its affiliates or licensors. You may not use such trademarks without the prior written permission of TODEARÉ. The Shopify name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans on the Services are trademarks of their respective owners.
Section 7 - Optional Tools
You may be provided with access to user tools provided by external services as part of the Services, which we do not monitor, control, or have any input over.
You acknowledge and agree that the various tools we provide are offered "as is" and "as available," without any warranties, representations, conditions, or endorsements of any kind. Furthermore, we shall have no liability arising out of or relating to your use of any external service tools.
Your use of any tools offered through this site is entirely at your own risk and discretion. You should ensure that you are familiar with, and agree to, the terms of use established by the applicable external service provider.
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 subject to these Terms of Service.
Section 8 - Links to External Services
The Services may contain materials and hyperlinks to websites provided or operated by external services (including embedded external service features). We are not responsible for examining or evaluating the content or accuracy of any external service materials or websites that you choose to access. If you leave the Services to access these materials or external service sites, you do so at your own risk.
We are not responsible for any harm or damages related to accessing external service websites, or to the purchase or use of products, services, resources, or content on external service websites. Please carefully review and be sure to understand the policies and practices of external services before engaging in any transaction. Any complaints, claims, concerns, or questions regarding external service products and services should be directed to the external service.
Section 9 - Relationship with Shopify
[Note to merchant: This section accurately represents the relationship between Shopify and the store and should not be deleted or modified.]
TODEARÉ is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases at the store are made directly by TODEARÉ. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and TODEARÉ, including any injury, damage, or loss arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or relating to your purchases and transactions with TODEARÉ.
Section 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, available here [link], and certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you are deemed to have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services for the purpose of providing and improving the Services to you. Information you submit to the Services will be transmitted to and shared with Shopify and external services located in countries other than your country of residence in order to provide the Services to you. For more information about how we, Shopify, and our partners use your personal information, please see our Privacy Policy [link].
Section 11 - Feedback
If you submit, upload, post, email, or otherwise transmit 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 medium for any purpose, including commercial use. For example, we may use the rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, and to perform our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that: (i) you own or have all rights necessary to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep your Feedback confidential, (2) pay any compensation for your Feedback, or (3) respond to your Feedback.
We may, but are under no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any right of any external service, including copyright, trademark, privacy, personality, or other intellectual, personal, or proprietary right. You also agree that your Feedback will not contain libelous, defamatory, or otherwise unlawful, abusive, hateful, or obscene material, or any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person, or otherwise mislead us or external services as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We assume no liability for any Feedback posted by you or any external service.
Section 12 - Errors, Inaccuracies, and Omissions
Information on or within the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability, and the like. We reserve the right to correct any errors, inaccuracies, or omissions, to change or update information at any time without prior notice if any information is inaccurate, and to cancel orders (including after you have submitted your order).
Section 13 - Prohibited Uses
You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services for any of the following purposes: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, local, or state regulation, rule, law, or local ordinance; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or damage our employees or any other person; (e) to submit false or misleading information; (f) to upload, knowingly receive, download, use, or re-use any material that does not comply with these Terms; (g) to send, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm TODEARÉ, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit any virus or other type of malicious code that affects, or may be used in a way that affects, the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) track the personal information of others; (d) engage in spam, phishing, fraud, or pretexting of the Services; (e) use any robot, spider, scraping, data harvesting or extraction tool, automated device or process, AI tool (such as agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass any security or authentication features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
Section 14 - Agents
14.1 This section (the "Agent Terms") applies if you use, permit, enable, or deploy an Agent to access, use, or interact with the Services. "Agent" means software or a service that can perform autonomous or semi-autonomous actions on behalf of, or at the direction of, a person or entity, and that can act on behalf of, or using the device of, a person or entity without direct supervision.
14.2 An Agent may not access, use, or interact with the Services unless it at all times discloses its identity and operates in strict compliance with the requirements of Section 14.4 below. In addition, if we request that an Agent refrain from accessing, using, or interacting with any of the Services, the Agent may not access, use, or interact with the Services.
14.3 We may restrict whether and how an Agent accesses, uses, and interacts with the Services, including by technical means.
14.4 An Agent must: (i) on every HTTP/HTTPS request, identify that the request comes from an Agent and disclose the Agent's name by including in the request's user-agent string: "Agent/[Agent Name]"; (ii) not conceal or obfuscate that the access, use, or interaction comes from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) completing or circumventing measures intended to distinguish human from computer use, such as CAPTCHAs; (iii) respond honestly to any question or prompt that seeks to determine whether the interaction is from a human or a computer; and (iv) not circumvent or evade any measures intended to block, restrict, modify, or control whether and how an Agent accesses, uses, or interacts with the Services.
Section 15 - Termination
We may, at our sole discretion, terminate these Terms or your access to the Services (or any part thereof) at any time without notice. In such case, you remain responsible for all amounts due up to and including the date of termination.
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.
Section 16 - Disclaimer of Warranties
Information provided on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability arising from any reliance placed on such materials by you, any other visitor to the Services, or anyone who may be informed of its content.
Except as expressly stated by TODEARÉ, the Services and all products provided through the Services are provided to you "as is" and "as available," without any representation, warranty, or condition of any kind, whether 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 warrant, represent, or guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Because some jurisdictions do not allow the limitation or disclaimer of implied or other warranties, the above disclaimers may not apply to you.
Section 17 - Limitation of Liability
To the maximum extent permitted by law, in no event shall TODEARÉ, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or Shopify and its affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages (including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages), whether based on breach of contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Services or your use of any products obtained using the Services, or from any errors or omissions in any content, or from any loss or damage of any kind incurred as a result of the use of the Services or any content (or products) posted, transmitted, or otherwise made available via the Services, even if advised of the possibility thereof, and for any other claim related in any way to your use of the Services or products.
Section 18 - Indemnification
You agree to indemnify, defend, and hold harmless TODEARÉ, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys' fees payable to external services, arising out of or relating to (1) your breach of these Terms of Service or any document incorporated by reference herein, (2) your violation of any law or the rights of an external service, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification; however, our failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may, at your expense, control the defense and settlement of any such claim, including the choice of counsel, but we will not settle any claim requiring a non-monetary obligation from you without your consent (not to be unreasonably withheld). You agree to cooperate in the defense of any claim subject to indemnification, including by providing relevant documents.
Section 19 - Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the remaining provisions.
Section 20 - 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 we post on this site or in connection with the Services constitute the entire agreement and understanding between you and us and govern your use of the Services. As such, these Terms of Service 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 these Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 21 - Assignment
You may not delegate, transfer, or assign your rights or obligations under this agreement or these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.
Section 22 - Governing Law
These Terms of Service and any separate agreement whereby we provide the Services to you shall be governed by and construed in accordance with the laws of, and subject to the federal, state, or provincial courts of, the jurisdiction in which TODEARÉ maintains its headquarters. You and TODEARÉ consent to the venue and personal jurisdiction of such courts.
Section 23 - Headings
The headings used in these Terms are for convenience only and do not limit or otherwise affect the scope of these Terms of Service.
Section 24 - Changes to the Terms of Service
The most current version of these Terms of Service can be reviewed at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective as of the date specified in the notice. Your continued use of or access to the Services after the changes to these Terms of Service are posted constitutes your agreement to those changes.
Section 25 - Contact Information
Questions regarding the Terms of Service should be sent to info@elenowa.com.
Our contact details are listed below.
[Insert business name]
info@elenowa.com
[Insert business address]
[Insert company phone number]
[Insert business registration number]
[Insert VAT registration number]