Terms of Service
TERMS OF SERVICE
OVERVIEW
Welcome to Nicol Sydney! The terms “we”, “us” and “our” refer to Nicol Sydney. Nicol Sydney 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”). Nicol Sydney is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) 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 or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should 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 have given us your consent to allow any of 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 any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, 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 of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. 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.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Nicol Sydney reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Nicol Sydney confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
SECTION 4 - PRICES 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 set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You represent and warrant that (i) the credit card information you provide is true and complete, (ii) you are authorized to use such card, and (iii) you will pay all charges incurred at the posted prices.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, images, graphics, video, and audio, are owned by Nicol Sydney, its affiliates or licensors and are protected by copyright and other intellectual property laws.
Nicol Sydney’s names, logos, product and service names, designs, and slogans are trademarks of Nicol Sydney or its affiliates or licensors. You must not use such trademarks without the prior written permission of Nicol Sydney.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools ”as is” and ”as available” without any warranties of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Nicol Sydney 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 Nicol Sydney. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Nicol Sydney. You hereby expressly release Shopify and its affiliates from all claims arising from or related to your transactions with Nicol Sydney.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our privacy policy and Shopify's privacy policy.
SECTION 11 - FEEDBACK
If you submit any feedback, reviews, or suggestions (collectively, “Feedback”), you grant us a perpetual, worldwide, royalty-free license to use, modify, and display such Feedback for any purpose, including commercial use. We are under no obligation to maintain Feedback in confidence or pay compensation for it.
SECTION 12 - ERRORS AND INACCURACIES
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any regulations or laws; (d) to infringe upon our intellectual property; (e) to harass, abuse, or discriminate; (f) to submit false information; or (g) to upload viruses or malicious code. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services in our sole discretion at any time without notice. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 15 - DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY Nicol Sydney, THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Nicol Sydney, OUR DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nicol Sydney and our affiliates, partners, 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 your violation of any law.
SECTION 18 - SEVERABILITY
In the event that 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 to be severed from these Terms.
SECTION 19 - 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 the jurisdiction where Nicol Sydney is headquartered.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: nicolsydney.info@gmail.com
