Terms of service

Welcome to Capilla Derma! The terms "we," "our," and "us" refer to Capilla Derma. Capilla Derma operates this store and website, including all information, content, features, tools, products, and related services to provide you, as a customer, with a personalized shopping experience (hereinafter the "Services"). Capilla Derma is a store powered by Shopify, which allows us to provide you with the Services.

The Terms of Use below, along with all related policies (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 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 this Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you give us your consent to allow any minor dependent of yours to use the Services on devices you own, purchase, or manage.

To use the Services, including to access or browse our online stores, or to purchase 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 information you provide in our stores is correct, current, and complete and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activities on your account. You are not authorized to transfer, sell, assign, or license your account to another 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 the colors or appearance of products may differ from how they appear on your screen due to the type of device you use to access the store, your device's settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be the same as described or rendered in our online stores.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit the quantities of any product 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. Capilla Derma reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not accepted until Capilla Derma has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Capilla Derma may not be able to respond to cancellation requests after an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will try to notify you by contacting the email address, billing address, and/or phone number provided at the time of order.

Your purchases may be returned or exchanged only in accordance with our Refund Policy.

You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions may be changed 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 indicated in your order confirmation email. Unless otherwise indicated, displayed prices do not include taxes, shipping and handling fees, customs or import fees.

Prices displayed in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect prices and that are governed by Terms of Use separate from these Terms. In the event of a 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 in our stores. You 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 contact you if necessary.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use that credit card for the purchase, (iii) the amounts charged by you will be honored by your credit card institution, and (iv) you will pay the amounts charged by you at the displayed prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by freight carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, title and risk of loss are transferred to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, but not limited to, all trademarks, service marks, texts, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are the property of Capilla Derma, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms authorize you to use the Services for personal and non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Capilla Derma, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved to Capilla Derma.

The names, logos, product and service names, designs, and slogans of Capilla Derma are trademarks of Capilla Derma or its affiliates or licensors. You must not use these trademarks without the prior written consent of Capilla Derma. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may have access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.

You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim all liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered on the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). These new features should also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any third-party features integrated). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not responsible for any harm or damage related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the policies and practices of third parties and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section describes precisely the relationship between Shopify and your store and should not be deleted or modified].

Capilla Derma is powered by Shopify, which allows us to provide you with the Services. However, sales and purchases you make in our Store are made directly with Capilla Derma. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Capilla Derma, including any harm, damage, or loss resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liability arising from or relating to your purchases and transactions with Capilla Derma.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Since the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide you with Services and improve them. Information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in countries other than where you reside, to provide you with services. See our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, packages, or other content (collectively called "Feedback"), you grant us a perpetual, worldwide, sublicensable, and fully royalty-free license to use, reproduce, modify, publish, distribute, and display this Feedback on any medium and for any purpose, including commercial purposes. We may, for example, use the rights this license grants us to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have and will have no obligation (1) to preserve the confidentiality of your Feedback; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we deem, in our sole discretion, illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise illegal, abusive, or obscene statements, or computer viruses or other malicious software that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of Feedback. You are solely responsible for any Feedback you make and its accuracy. We assume no responsibility for any Feedback posted by you or by any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

There may be times when information on or in the Services contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 is inaccurate, at any time and without notice (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 access or use the Services, directly or indirectly: (a) for illegal or malicious purposes; (b) to violate any international, federal, provincial, or state regulation, rule, law, or local ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit 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 another 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 Capilla Derma, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to (a) upload or transmit viruses or any other type of malicious code that will or may be used in a way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any associated website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from the reliance you or any other visitor to the Services, or anyone informed of their content, place on such content.

EXCEPT AS EXPRESSLY STATED BY CAPILLA DERMA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL CAPILLA DERMA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Capilla Derma, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to a third party due to or arising from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that failure to promptly notify will not relieve you of your obligations unless you suffer material prejudice. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle a claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnifiable claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is found to be illegal, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or concerning the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, 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 ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notification to you.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreement by which we provide you Services shall be governed and construed in accordance with the federal and state or territorial courts in the jurisdiction where Capilla Derma has its headquarters. You and Capilla Derma agree to the venue and personal jurisdiction of these courts.

SECTION 22 – HEADINGS

The headings used in this agreement are used for convenience only and have no effect of limiting or affecting these Terms.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE

You may review the most current version of the Terms of Service 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 on our website. It is your responsibility to check our website regularly to see if changes have been made. We will notify you of any material changes to these Terms in accordance with applicable law, and these changes will become effective on the date specified in the notice. Continuing to use or access the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Registered address: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM Email: support@capilladerma.com