Terms & conditions
OVERVIEW
Welcome to Alya Wear! The terms “we,” “us,” and “our” refer to Alya Wear. Alya Wear operates this store and website, including all related information, content, features, tools, products, and services, to provide you—the customer—with a personalized shopping experience (the “Services”). Alya Wear is powered by Shopify, which enables us to provide the Services to you.
The following Terms of Service, including all policies referenced herein (the “Terms” or “Terms of Service”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They contain important information about your legal rights and address topics such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you may not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are of the age of majority in the state or province where you reside, and that you have given us consent to allow any minor dependents to use the Services on devices you own, purchase, or control.
To use the Services—including browsing our store(s) or purchasing products or services—we may ask you to provide certain information, such as your email address and your billing, payment, and shipping details. You represent and warrant that all information you provide in our store(s) is accurate, current, and complete, and that you have all necessary rights to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We strive to describe our products and services as accurately as possible. However, colors and appearance may differ from how they display on your screen due to the device and settings you use to access the store.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or match the display or description in our store.
All product descriptions 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 may limit the quantities offered per person, per geographic region, or per jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. Alya Wear reserves the right, in its sole discretion, to accept or reject any order for any reason. Your order is accepted only when confirmed by Alya Wear. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting. Alya Wear may be unable to honor a cancellation request once your order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you at the email address, billing address, and/or phone number provided at checkout.
Returns are accepted only in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
SECTION 4 – PRICING 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 you place the order and will be set out in your order confirmation email. Unless expressly stated otherwise, displayed prices exclude taxes, shipping, handling, duties, and import fees.
Prices in our online store(s) may differ from prices in physical stores or other stores operated by third parties. From time to time, we may offer promotions for the Services that affect pricing and that are subject to separate terms. If there is a conflict between promotional terms and these Terms, the promotional terms will control.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store(s). You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the card for purchases; (iii) your charges will be honored by your card issuer; and (iv) you will pay charges incurred at the posted prices, including shipping, handling, and applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. Title and risk of loss pass to you once we deliver the products to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
The Services—including, without limitation, all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof—are owned by Alya Wear, its affiliates, or its licensors, and are protected by patent, copyright, and intellectual property laws.
These Terms permit you to use the Services for 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 materials on the Services without our prior written consent.
Except as expressly provided in these Terms, nothing grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of Alya Wear, Shopify, or any third party. Unauthorized use may violate applicable IP laws. All rights not expressly granted are reserved by Alya Wear.
Alya Wear names, logos, product and service names, designs, and slogans are trademarks of Alya Wear or its affiliates or licensors. You may not use such marks without our prior written permission. Shopify’s names and marks are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be given access to customer-facing tools provided by third parties as part of the Services. We do not monitor, control, or have input over these tools.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of any optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure you are familiar with and agree to the terms provided by the relevant third-party provider(s).
We may also offer new features through the Services in the future (including the release of new tools and resources). Such features shall also be deemed part of the Services and subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites offered or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you access. If you choose to leave the Services to access such materials or sites, you do so at your own risk.
We are not liable for any harm or damages related to your visit to third-party websites, or to your purchase or use of products, services, resources, or content on third-party sites. Review the third party’s policies and practices carefully before engaging in any transaction.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Alya Wear uses Shopify to provide the Services to you. However, all sales and purchases you make in our store are directly with Alya Wear. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Alya Wear, including injury, damage, or loss arising from purchased products and services. You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with Alya Wear.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here: Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you confirm that you have read the applicable privacy policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. Please read our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit ideas, suggestions, reviews, or other content (“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.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information on or related to the Services may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or update such information or cancel orders if needed.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services to violate laws, infringe rights, harass others, spread malware, send spam, or otherwise harm Alya Wear, Shopify, or others. Violation may result in account suspension or termination.
SECTION 14 – TERMINATION
We may terminate these Terms or your access to the Services at any time, in our sole discretion, without prior notice. You remain liable for all amounts due up to and including the date of termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
Unless expressly stated by Alya Wear, the Services and all products are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability or fitness for a particular purpose.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Alya Wear, Shopify, and their affiliates will not be liable for any damages, including indirect or consequential losses, arising from your use of the Services or products.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Alya Wear, Shopify, and their affiliates from all claims or damages arising from your breach of these Terms or your use of the Services.
SECTION 18 – SEVERABILITY
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms shall not constitute a waiver. These Terms represent the entire agreement between you and Alya Wear.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our consent. We may assign them without notice to you.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the jurisdiction where Alya Wear maintains its principal office. You and AlyaWear consent to the jurisdiction of the applicable courts.
SECTION 22 – HEADINGS
Section headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO THE TERMS
We reserve the right to update these Terms at any time. Material updates will be announced as required by law. Continued use of the Services after changes constitutes acceptance.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms should be sent to us at:
support@alyawear.com