Terms of service

Overview

Welcome to WithSouls! The terms "we", "us" and "our" refer to WithSouls. WithSouls 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"). WithSouls 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 country 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 store 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 store 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 in our online store. 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 purchased by you will meet your expectations or be the same as depicted or rendered in our online store.

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 and may limit the quantities of any products that 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. WithSouls reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until WithSouls confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as WithSouls 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 email, 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.

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

Section 4 - Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product 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.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

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. For more detail, see our Shipping Policy.

Section 6 - Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product designs, and the arrangement thereof, are owned by WithSouls, its affiliates or licensors and are protected by copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Unauthorized use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by WithSouls.

WithSouls's name, logo, product designs, and slogans are trademarks of WithSouls. You must not use such trademarks without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and designs on the Services are the trademarks of their respective owners.

Section 7 - Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over. 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. Any use by you of optional third-party tools is entirely at your own risk and discretion.

Section 8 - Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access, and we are not liable for any harm or damages related to your access of or transactions with any third-party websites.

Section 9 - Relationship with Shopify

WithSouls 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 WithSouls. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and WithSouls, including any injury, damage, or loss resulting from purchased products. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with WithSouls.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.

Section 11 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, 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. We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it. You agree that your Feedback will not violate any right of any third party and will not contain unlawful, abusive, obscene content or malware.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, or 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, including after you have submitted your order.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services to violate any laws, infringe upon intellectual property rights, harass or harm any person, transmit false or misleading information, send spam, impersonate any person or entity, or engage in conduct that restricts or inhibits anyone's use of the Services or that may harm WithSouls, Shopify, or other users. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 14 - Agents

This section applies if you use, allow, enable, or cause the deployment of an automated agent ("Agent") to access, use, or interact with any Services. No Agent may access, use, or interact with the Services unless it clearly identifies itself as an Agent in all requests, does not conceal or mimic human behavior, responds truthfully to any prompt asking whether it is a human or a computer, and does not circumvent any measure intended to control how Agents access the Services.

Section 15 - Termination

We may terminate this agreement or your access to the Services, in whole or in part, at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination will continue to apply, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law.

Section 16 - Disclaimer of Warranties

The information presented on the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is at your own risk. Except as expressly stated by WithSouls, the Services and all products offered through them are provided "as is" and "as available," without any warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the disclaimer of certain warranties, so parts of this disclaimer may not apply to you.

Section 17 - Limitation of Liability

To the fullest extent permitted by law, WithSouls, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, and those of Shopify and its affiliates, will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Services or any products procured using the Services, including but not limited to lost profits, lost revenue, or lost data, whether based in contract, tort, strict liability or otherwise, even if advised of the possibility of such damages.

Section 18 - Indemnification

You agree to indemnify, defend and hold harmless WithSouls, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of your breach of these Terms, your violation of any law or the rights of a third party, or your access to and use of the Services.

Section 19 - Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be severed, without affecting the validity of the remaining provisions.

Section 20 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. These Terms, together with any policies referenced herein, constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements between you and us.

Section 21 - Assignment

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 22 - 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 Italy, without regard to its conflict of law principles. This does not deprive you, as a consumer, of the protection afforded to you by mandatory provisions of the law of the country in which you are resident, where applicable under EU consumer protection law.

Section 23 - Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 - 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, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 25 - Contact Information

Questions about these Terms of Service should be sent to us at connect@withsouls.com.