Terms Of Service
Terms of Service
OVERVIEW
Welcome to Ecomplify! The terms “we,” “us,” and “our” refer to Ecomplify B.V. (“Ecomplify”). Ecomplify operates this store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience (the “Services”). Ecomplify is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (the “Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read them carefully, as they contain important information, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence and that you consent to the use of the Services by any minor dependents on devices you own or manage.
To use the Services (including browsing our store or making purchases), you may be asked to provide certain information (e.g., email address, billing, payment, and shipping details). You represent and warrant that all information you provide is accurate, current, and complete, and that you have the rights necessary to provide it.
You are solely responsible for safeguarding your account credentials and all activity under your account. You may not transfer, sell, assign, or license your account to any person.
SECTION 2 – OUR PRODUCTS
We strive to represent our products and services accurately. However, colors and appearance may vary due to device type, settings, or configurations.
We do not warrant that any product or service will meet your expectations or exactly match images or renders shown online. Product descriptions are subject to change at any time without notice. We may discontinue products and limit quantities to any person, region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. Ecomplify may accept or decline any order at its discretion. Your order is accepted only when we confirm acceptance and process your payment. Review your order carefully before submitting; we may be unable to accommodate cancellation requests after acceptance. If we decline, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided.
Purchases are subject to our Refund Policy.
You represent and warrant that purchases are for personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price charged is the price in effect at the time the order is placed and will appear in your order confirmation. Unless expressly stated, posted prices exclude taxes, shipping, handling, customs, and import charges.
Prices on our website may differ from prices in physical stores or third-party channels. From time to time, promotions may apply, governed by separate terms. If those terms conflict with these Terms, the promotion terms control.
You agree to provide current, complete, and accurate purchase, payment, and account information and to promptly update details (including email and payment card data) so we can process transactions and contact you as needed. You represent and warrant that (i) the payment information is true and complete; (ii) you are authorized to use the payment method; (iii) charges will be honored by your payment provider; and (iv) you will pay all charges at posted prices, including shipping, handling, and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs, or events beyond our control. Title and risk of loss pass to you upon our transfer of products to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
The Services—and all content therein, including trademarks, brands, text, images, graphics, product reviews, video, audio, and the design and arrangement of such materials—are owned by Ecomplify, its affiliates, or licensors, and are protected by applicable intellectual property laws.
You may use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any materials from the Services without our prior written consent. Except as expressly provided, no license or rights are granted under any patent, trademark, copyright, or other IP of Ecomplify, Shopify, or third parties. Unauthorized use may violate applicable laws. All rights not expressly granted are reserved.
“Ecomplify” names, logos, product and service names, designs, and slogans are trademarks of Ecomplify or its affiliates/licensors. You must not use them without prior written permission. “Shopify” and related marks are trademarks of Shopify. Other names and logos are the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to third-party tools via the Services that we do not monitor or control. Such tools are provided “as is” and “as available,” without warranties or endorsements. We shall have no liability arising from your use of optional tools. Your use is at your own risk and subject to the third party’s terms. Future features released through the Services are also subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain third-party materials or links. If you access third-party sites, you do so at your own risk. We are not responsible for examining or evaluating such content or accuracy and are not liable for any harm or damages arising from your use of third-party sites, products, or services. Review the third party’s policies before engaging in any transaction. Direct complaints and questions to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section reflects Shopify’s role and should not be removed or modified.]
Ecomplify is powered by Shopify, which enables us to provide the Services. However, all sales and purchases are made directly with Ecomplify. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Ecomplify, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Ecomplify.
SECTION 10 – PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy. Certain personal information may also be processed by Shopify under Shopify’s privacy policy, available here: [LINK]. By using the Services, you acknowledge that you have read these policies.
Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services to provide and improve them. Information you submit will be transmitted to Shopify and to third parties (which may be located outside your country of residence) to provide the Services. See our Privacy Policy for details on how we, Shopify, and partners use your personal information.
SECTION 11 – FEEDBACK
If you submit or transmit any ideas, suggestions, feedback, reviews, proposals, plans, 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 purposes (e.g., to operate, provide, evaluate, enhance, and promote the Services).
You represent and warrant that: (i) you own or have rights to the Feedback; (ii) you have disclosed any compensation or incentives; and (iii) your Feedback complies with these Terms. We have no obligation to (1) maintain Feedback in confidence; (2) pay compensation; or (3) respond.
We may—but are not obligated to—monitor, edit, or remove Feedback we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates IP rights or these Terms. You agree your Feedback will not violate any third-party rights, contain unlawful or obscene content, or contain malware. You must not mislead us or others as to the origin of Feedback. You are solely responsible for your Feedback and its accuracy. We assume no liability for any Feedback posted by you or third parties.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct errors, update information, or cancel orders if any information is inaccurate at any time without prior notice (including after an order is submitted).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not, directly or indirectly: (a) use the Services for any unlawful or malicious purpose; (b) violate any applicable laws or regulations; (c) infringe our IP rights or those of others; (d) harass, abuse, defame, intimidate, or otherwise harm others; (e) transmit false or misleading information; (f) upload or reuse material that violates these Terms; (g) send unsolicited promotions (e.g., junk mail, chain letters, spam); (h) impersonate any person or entity; or (i) engage in conduct that restricts or inhibits use of the Services or that we determine may harm Ecomplify, Shopify, users, or expose them to liability.
You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track personal information of others without consent; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent security features of the Services or related sites. We may suspend, disable, or terminate your account without notice if we determine you have violated these Terms.
SECTION 14 – TERMINATION
We may terminate these Terms or your access to the Services (in whole or in part) at any time, in our sole discretion, without notice. You remain liable for amounts due up to and including the termination date.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and other provisions that by their nature should survive.
SECTION 15 – DISCLAIMER OF WARRANTIES
Information on or through the Services is provided for general informational purposes only. We do not warrant its accuracy, completeness, or usefulness, and any reliance is at your own risk.
EXCEPT AS EXPRESSLY STATED BY ECOMPLIFY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS; IN SUCH CASES, THIS DISCLAIMER APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ECOMPLIFY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS—OR SHOPIFY AND ITS AFFILIATES—BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, SAVINGS, DATA, OR REPLACEMENT COSTS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID TO ECOMPLIFY FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, OR €100, WHICHEVER IS GREATER.
SECTION 17 – INDEMNIFICATION
You will indemnify, defend, and hold harmless Ecomplify, Shopify, and our/their affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, and expenses (including reasonable attorneys’ fees) arising out of or related to: (1) your breach of these Terms or referenced documents; (2) your violation of law or third-party rights; or (3) your access to or use of the Services.
We will notify you of any indemnifiable claim (a failure to promptly notify will not relieve your obligations unless materially prejudicial). We may control the defense and settlement at your expense (including counsel selection) but will not settle any claim imposing non-monetary obligations on you without your consent (not to be unreasonably withheld). You will cooperate in the defense, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms is held unlawful, void, or unenforceable, it shall be enforced to the maximum extent permitted, and the unenforceable portion shall be deemed severed. The remainder remains in full force and effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision is not a waiver.
These Terms, together with policies or operating rules posted on the site or for the Services, constitute the entire agreement between you and us and supersede prior or contemporaneous agreements and communications. Any ambiguities shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any rights or obligations without our prior written consent; any attempted assignment is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements for the provision of Services are governed by and construed in accordance with the laws of the jurisdiction where Ecomplify B.V. is established, without regard to conflict-of-laws rules. You and Ecomplify consent to the exclusive jurisdiction and venue of the competent courts of that jurisdiction.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the current version of these Terms at any time on this page. We may update or replace any part of these Terms by posting updates on our website. It is your responsibility to check for changes. We will notify you of material changes as required by law; such changes take effect on the date specified. Your continued use of the Services after changes are posted constitutes acceptance.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms should be sent to: info@e-complify.com