Terms of service
Overview
This website is operated by Modeste Clothing. Throughout the site, the terms “we”, “us” and “our” refer to Modeste Clothing. Modeste Clothing 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”), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions, then you may not access the website or use any Services. Acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use 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 agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose. A breach of any Terms will result in immediate termination of Services.
Section 2 – General Conditions
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over networks. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission. Headings in this agreement are included for convenience only.
Section 3 – Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is inaccurate, incomplete, or not current. The material is provided for general information only and should not be relied upon as the sole basis for decisions. Any reliance is at your own risk.
Section 4 – Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service at any time. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance.
Section 5 – Products or Services
Certain products may be available exclusively online. These may have limited quantities and are subject to return only according to our Refund Policy. We make every effort to display product colors and images accurately, but cannot guarantee your monitor’s display.
We reserve the right to limit sales to any person, region, or jurisdiction and may exercise this right case-by-case. We may discontinue any product at any time. We do not warrant that the quality of products or Services will meet your expectations.
Section 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, per household, or per order. In such cases we may attempt to notify you by contacting the email and/or billing address provided at the time of order. You agree to provide current, complete and accurate information for all purchases.
Section 7 – Optional Tools
We may provide you with access to third-party tools which we neither monitor nor control. You acknowledge that we provide access “as is” and “as available” without warranties or liability. Any use of optional tools is at your own risk.
Section 8 – Third-Party Links
Certain content, products and Services available via our Service may include materials from third-parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for their content, accuracy, or practices. Please review third-party policies carefully before engaging in any transaction.
Section 9 – User Comments, Feedback and Other Submissions
If you send creative ideas, proposals, or other materials, you agree that we may use them without restriction. We are under no obligation to maintain comments in confidence, to pay compensation, or to respond. We may monitor, edit or remove content we determine unlawful, offensive, or otherwise objectionable. You are solely responsible for comments you make.
Section 10 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 11 – Errors, Inaccuracies and Omissions
Occasionally information on our site may contain errors or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct such errors and to change or update information without prior notice.
Section 12 – Prohibited Uses
In addition to other prohibitions, you are prohibited from using the site for: unlawful purposes; soliciting others to perform unlawful acts; violating laws; infringing on rights; harassing or abusing others; submitting false information; uploading viruses; collecting personal information of others; spamming; obscene purposes; or interfering with security features. We reserve the right to terminate use for prohibited actions.
Section 13 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee that use of our Service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Service for indefinite periods or cancel it at any time without notice. You expressly agree that use is at your sole risk.
Modeste Clothing, our directors, officers, employees, affiliates, agents, contractors, and suppliers shall not be liable for any injury, loss, claim, or damages of any kind. In jurisdictions that do not allow the exclusion or limitation of liability, our liability shall be limited to the maximum extent permitted by law.
Section 14 – Indemnification
You agree to indemnify, defend and hold harmless Modeste Clothing and our affiliates, employees, and suppliers from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms or violation of law.
Section 15 – Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the validity of the remaining provisions.
Section 16 – Termination
These Terms are effective unless terminated by either you or us. You may terminate by notifying us that you no longer wish to use our Services. If we suspect you have failed to comply, we may terminate this agreement at any time without notice, and you remain liable for all amounts due up to termination.
Section 17 – Entire Agreement
These Terms, together with any policies posted on this site, constitute the entire agreement between you and Modeste Clothing. Any ambiguities shall not be construed against the drafting party.
Section 18 – Governing Law
These Terms are governed by and construed in accordance with the laws of your jurisdiction.
Section 19 – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time. We reserve the right to update, change or replace any part by posting changes to our website. It is your responsibility to check our website periodically for updates. Your continued use constitutes acceptance of those changes.
Section 20 – Contact Information
Questions about these Terms of Service should be sent to:
Contact@modesteclothing.ca