Terms of service

 

TERMS OF SERVICE

OVERVIEW

Welcome to Velvet Pearl Boutique!

The terms “we,” “us,” and “our” refer to Velvet Pearl Boutique. Velvet Pearl Boutique 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”).

Velvet Pearl Boutique is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you access or use our Services.

Please read these Terms carefully. They contain important information regarding your legal rights and include provisions concerning 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 Privacy Policy, which is available through our website.

If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use 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, province, or jurisdiction of residence, or that you are the age of majority and have given consent for any minor dependents under your supervision to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide certain information, including your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide is accurate, current, and complete and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the confidentiality and security of your account credentials and for activity conducted 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 accurately describe and represent the products available through our online store.

Please understand that colors, textures, details, proportions, or overall appearance may vary slightly depending on your device, screen settings, lighting, photography, manufacturing variations, or other factors outside our control.

Some product photographs or images may be provided by manufacturers, suppliers, or other authorized sources. We make reasonable efforts to ensure that such images accurately represent the merchandise being offered, but minor differences may occur between photographs and the actual item received.

Measurements and sizing information are provided as a guide. Fit may vary depending on the manufacturer, style, fabric, cut, and individual body proportions. Customers are encouraged to review available sizing information before purchasing.

We do not guarantee that the appearance, fit, color, or quality of a product will exactly match how it appears on your device or meet every individual expectation.

Product descriptions, availability, pricing, sizing, and other product information may be corrected or updated at any time without notice.

We reserve the right to discontinue any product at any time and may limit quantities offered to any person, household, geographic region, or jurisdiction where permitted by law.

SECTION 3 - ORDERS

When you place an order with Velvet Pearl Boutique, you are making an offer to purchase the selected merchandise.

Velvet Pearl Boutique reserves the right to accept, decline, limit, or cancel an order where permitted by law, including in cases involving suspected fraud, pricing or inventory errors, payment issues, or product unavailability.

Your order is not considered accepted until payment has been successfully processed and the order has been accepted by Velvet Pearl Boutique.

Please review your order carefully before submitting it.

Eligible unfulfilled orders may be canceled within 15 minutes of purchase. After this cancellation window has passed, we cannot guarantee that an order can be changed or canceled because processing or fulfillment may already have begun.

If we decline, modify, or cancel an order, we will make reasonable efforts to notify you using the email address, telephone number, billing information, or other contact details provided when the order was placed.

Purchases are subject to our Return & Refund Policy, which is available through our website.

Eligible returns generally must be requested within 14 calendar days of delivery, subject to the conditions and exclusions stated in our Return & Refund Policy.

Unless otherwise expressly permitted, products purchased from Velvet Pearl Boutique are intended for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, offers, and promotions may change without notice.

The price charged for a product will generally be the price shown at the time your order is placed and will appear in your order confirmation.

Unless otherwise stated, displayed prices may not include applicable taxes, shipping fees, handling charges, customs duties, import charges, or similar fees.

Prices displayed through our online store may differ from prices offered through third-party marketplaces, social-commerce platforms, promotional events, or other sales channels.

From time to time, we may offer promotions governed by additional terms and conditions. If promotional terms conflict with these Terms regarding a particular promotion, the promotional terms will control with respect to that promotion.

You agree to provide current, complete, and accurate purchase, billing, payment, and account information.

You agree to promptly update information when necessary so we can process transactions and communicate with you regarding your order.

By submitting payment information, you represent and warrant that:

  1. The information provided is accurate and complete.

  2. You are authorized to use the payment method submitted.

  3. Charges incurred by you will be honored by the applicable payment provider.

  4. You will pay all authorized charges associated with your purchase, including applicable shipping costs and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery times provided by Velvet Pearl Boutique are estimates unless expressly stated otherwise.

We are not responsible for delays caused by shipping carriers, severe weather, natural disasters, customs processing, incorrect customer-provided addresses, transportation interruptions, or other circumstances reasonably outside our control.

Customers are responsible for providing a complete and accurate shipping address when placing an order.

Please review your shipping information carefully before submitting your purchase.

Once an order has been transferred to the applicable carrier, delivery is subject to the carrier's transportation and delivery process, except where applicable law provides otherwise.

Additional information regarding processing, shipping, tracking, delivery, and related matters is available in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, branding, logos, text, displays, graphics, photographs owned by us, videos, audio, layouts, website designs, product reviews, and the selection and arrangement of such materials, are owned by or licensed to Velvet Pearl Boutique and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

Unless expressly authorized, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, sell, or commercially exploit material belonging to Velvet Pearl Boutique without our prior written consent.

Nothing in these Terms grants you a license or other ownership right in any trademark, copyright, patent, trade dress, or other intellectual property owned by Velvet Pearl Boutique, Shopify, our suppliers, licensors, or any third party.

Unauthorized use of the Services or protected materials may violate applicable intellectual property laws.

All rights not expressly granted are reserved.

The Velvet Pearl Boutique name, branding, logos, designs, and slogans are trademarks or proprietary branding of Velvet Pearl Boutique or its licensors where applicable.

Shopify's names, logos, product names, service names, designs, and slogans are trademarks of Shopify.

Other names, logos, products, brands, and trademarks appearing through the Services remain the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to tools, applications, features, or services supplied by third parties as part of the Services.

We may not monitor or control those third-party tools.

You acknowledge and agree that access to such tools may be provided “as is” and “as available” without warranties, representations, conditions, or endorsements from Velvet Pearl Boutique.

To the fullest extent permitted by law, Velvet Pearl Boutique will not be responsible for liability arising solely from your independent use of optional third-party tools.

Your use of third-party tools is at your own risk and discretion. You should review and understand the applicable third party's terms and privacy practices before using those services.

We may introduce additional tools, features, or resources in the future. Unless otherwise stated, those features are also considered part of the Services and are subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links, embedded functionality, materials, or content provided or operated by third parties.

Velvet Pearl Boutique is not responsible for evaluating or guaranteeing the accuracy, availability, security, practices, products, or services of third-party websites.

If you choose to leave our Services and access a third-party website or platform, you do so at your own discretion and risk.

We are not responsible for harm or damages arising from your independent purchase or use of products, services, resources, or content offered by third parties, except where applicable law provides otherwise.

Please carefully review the policies and practices of third parties before entering into transactions with them.

Questions, complaints, claims, or concerns regarding third-party products or services should generally be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Velvet Pearl Boutique 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 Velvet Pearl Boutique.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Velvet Pearl Boutique, 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 Velvet Pearl Boutique.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy, which is available through our website.

Certain personal information may also be processed in accordance with Shopify's applicable privacy policies.

Because our Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide, secure, support, and improve the Services.

Information submitted through our Services may be transmitted to or processed by Shopify and other service providers, including providers located in countries other than your country of residence, as permitted by applicable law.

Please review our Privacy Policy for additional information regarding the collection, use, disclosure, retention, and protection of personal information.

SECTION 11 - FEEDBACK

If you voluntarily submit, upload, post, email, review, or otherwise transmit ideas, suggestions, feedback, photographs, reviews, proposals, or other content to Velvet Pearl Boutique (“Feedback”), you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, display, publish, distribute, adapt, and promote such Feedback for lawful business purposes, subject to applicable law.

This may include using customer reviews or voluntarily submitted content to operate, evaluate, improve, and promote our Services.

You represent and warrant that:

  1. You own or have the necessary rights to submit the Feedback.

  2. You have disclosed any compensation or incentive received in connection with the Feedback when required by law.

  3. Your Feedback does not violate these Terms or the rights of another person.

Unless otherwise required by law, we are under no obligation to maintain unsolicited Feedback in confidence, compensate you for Feedback, or respond to Feedback.

We may monitor, edit, decline to publish, or remove Feedback that we reasonably determine is unlawful, threatening, defamatory, abusive, obscene, fraudulent, misleading, infringing, or otherwise inappropriate.

You may not submit Feedback that infringes another person's intellectual property, privacy, publicity, personality, or proprietary rights.

You may not use a false identity or deliberately misrepresent the source of Feedback.

You remain responsible for the accuracy and legality of the Feedback you submit.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions.

These may relate to product descriptions, photographs, colors, sizing, pricing, promotions, offers, shipping charges, estimated transit times, inventory, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to update or change information where appropriate.

Where permitted by applicable law, we may cancel an order when a material pricing, inventory, or listing error has occurred, including after an order has been submitted.

If an order is canceled after payment has been collected, any required refund will be processed.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

  1. For an unlawful, fraudulent, or malicious purpose.

  2. To violate applicable international, federal, state, provincial, territorial, or local laws or regulations.

  3. To infringe or violate our intellectual property rights or the intellectual property rights of another person.

  4. To harass, threaten, abuse, defame, intimidate, discriminate against, or harm another person.

  5. To intentionally transmit materially false or misleading information.

  6. To upload, distribute, or transmit unlawful or harmful content.

  7. To transmit spam, junk mail, chain letters, unauthorized advertising, or other prohibited solicitations.

  8. To impersonate another person or organization.

  9. To interfere with another person's ability to access or enjoy the Services.

  10. To engage in conduct that may reasonably harm Velvet Pearl Boutique, Shopify, our customers, or the Services.

You also agree not to:

  1. Upload or transmit viruses, malware, or malicious code.

  2. Reproduce, duplicate, copy, scrape, sell, resell, or exploit protected portions of the Services without authorization.

  3. Improperly collect or track personal information belonging to others.

  4. Phish, pharm, pretext, spam, or engage in similar deceptive conduct.

  5. Use automated systems, bots, scraping tools, data-extraction tools, artificial intelligence agents, or similar technologies to access the Services in violation of these Terms or applicable technical restrictions.

  6. Circumvent security systems, authorization measures, CAPTCHAs, robot exclusion measures, access restrictions, or similar protections.

We reserve the right to suspend, restrict, or terminate access to the Services where we reasonably determine that these Terms have been violated.

SECTION 14 - AGENTS AND AUTOMATED SYSTEMS

This section applies when an autonomous or semi-autonomous software service, bot, artificial intelligence agent, or similar automated system (“Agent”) accesses or interacts with the Services on behalf of a person or entity.

An Agent may not access, use, or interact with the Services in violation of these Terms, our technical restrictions, or an express request from us that the Agent refrain from accessing the Services.

We may use technical measures to limit or control automated access to the Services.

Agents must accurately identify themselves where technically required, must not intentionally disguise automated activity as human activity, must not circumvent CAPTCHAs or other protections designed to distinguish automated activity from human activity, and must comply with applicable technical instructions governing automated access.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services, or any portion of the Services, if permitted by applicable law, including when we reasonably determine that you have violated these Terms.

You remain responsible for lawful amounts due through the effective date of termination.

Provisions that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, Feedback, disclaimers, limitations of liability, indemnification, severability, governing law, and other continuing obligations.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information provided through the Services is made available for general informational and shopping purposes.

Although we make reasonable efforts to provide accurate information, we do not guarantee that all information will always be complete, current, error-free, or suitable for every individual purpose.

Reliance on information provided through the Services is at your own risk, subject to rights that cannot legally be waived.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED BY VELVET PEARL BOUTIQUE, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT ACCESS TO THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS. IN THOSE JURISDICTIONS, SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU.

Nothing in these Terms excludes consumer rights or warranties that cannot legally be excluded.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VELVET PEARL BOUTIQUE AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR SIMILAR DAMAGES, EXCEPT WHERE SUCH LIABILITY CANNOT LEGALLY BE LIMITED OR EXCLUDED.

Nothing in these Terms is intended to limit liability or consumer rights that cannot lawfully be limited or excluded.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Velvet Pearl Boutique, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, damages, losses, liabilities, and reasonable legal expenses arising from:

  1. Your material breach of these Terms.

  2. Your violation of applicable law.

  3. Your infringement or violation of a third party's rights.

  4. Your unlawful or unauthorized use of the Services.

We will provide reasonable notice of an indemnifiable claim when practicable.

A failure to provide prompt notice will not relieve you of your obligations except to the extent that the delay materially prejudices your ability to respond.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and operating rules posted through our Services, constitute the entire agreement between you and Velvet Pearl Boutique concerning use of the Services and supersede prior agreements or communications relating to the same subject matter.

Any ambiguity in these Terms will be interpreted in accordance with applicable law.

SECTION 21 - ASSIGNMENT

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent where such restriction is permitted by law.

Any prohibited attempted assignment may be void.

Velvet Pearl Boutique may assign or transfer its rights and obligations under these Terms in connection with a sale, transfer, reorganization, merger, or other lawful business transaction, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which Velvet Pearl Boutique provides Services will be governed by and interpreted in accordance with the laws applicable in the jurisdiction where Velvet Pearl Boutique is headquartered, without limiting any mandatory consumer rights that may apply based on your place of residence.

Any dispute will be handled by courts having proper jurisdiction under applicable law.

SECTION 23 - HEADINGS

Section titles and headings are included for convenience only and do not limit or otherwise affect the meaning of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service on this page at any time.

We reserve the right to update, modify, or replace portions of these Terms by posting revised terms to our website, subject to applicable law.

Where required, we will provide notice of material changes.

Changes will become effective on the date stated in the applicable notice or, where no specific date is required, when the revised Terms are posted.

Your continued use of the Services following an effective change constitutes acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Velvet Pearl Boutique
Email: velvetandpearlboutique@gmail.com

Additional business contact information, including our customer-service telephone number and business mailing or physical address, is available through the Contact Information section of our website.