Terms of service
The terms "we", "us" and "our" refer to Agnes & Vera. Agnes & Vera 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"). Agnes & Vera is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced in them (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, including in relation to warranty disclaimers and limitations of liability. Nothing in these Terms affects your statutory rights as a consumer under UK law.
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 our 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 18 years old, and that 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 browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide 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 account activity. You may not transfer, sell, assign, or license your account to any other person.
Section 2: Our Products
We make every effort to provide an accurate representation of our products in our online store. Please note that colours or appearance may differ from how they appear on your screen, depending on your device and its settings.
All product descriptions are subject to change at any time without notice, at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product we offer to any person, or in any geographic region, on a case by case basis.
Nothing in this section limits your right to receive goods that match their description, as set out under the Consumer Rights Act 2015.
Section 3: Orders
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting it. If we are unable to accept, need to change, or need to cancel an order, we will contact you using the email address, billing address, or phone number provided at the time the order was placed.
Your right to cancel, return, or exchange an order is set out in our Returns, Refunds and Exchanges Policy, and in your statutory rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
You confirm that your purchases are for your own personal or household use, and not for commercial resale.
Section 4: Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price shown at checkout at the time your order is placed, and will be confirmed in your order confirmation email. Unless stated otherwise, prices include UK VAT where applicable, but do not include shipping charges, which will be shown separately at checkout.
We may run promotions from time to time, governed by their own terms. If those terms conflict with these Terms, the promotion terms will apply to that promotion.
You agree to provide current, complete, and accurate payment and account information, and to keep it up to date so that we can complete your order and contact you if needed.
You confirm that any payment card details you provide are true, correct, and complete, that you are authorised to use that card, and that you will pay the charges incurred at the posted prices, including shipping and any applicable taxes.
Section 5: Shipping and Delivery
All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by the shipping carrier or events outside our reasonable control.
Risk in the products passes to you once the products are delivered to the address you provided. Ownership of the products passes to you once we have received payment in full.
This section does not affect your rights under the Consumer Rights Act 2015 if goods are lost or damaged in transit due to our failure to take reasonable care in arranging delivery.
Section 6: Intellectual Property
Our Services, including all trademarks, text, images, graphics, product photography, and the design and arrangement of the store, are owned by Agnes & Vera, or our licensors, and are protected by copyright, trademark, 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 from, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.
Agnes & Vera's name, logo, and any related branding are the trademarks of Agnes & Vera. Shopify's name, logo, and related branding are trademarks of Shopify. All other names, logos, and branding on the Services belong to their respective owners.
Section 7: Optional Tools
You may be given access to tools provided by third parties as part of the Services, which we do not control or monitor. Such tools are provided "as is" and "as available", without warranties of any kind. We are not liable for your use of any third-party tool. Any use of an optional third-party tool is entirely at your own risk, and you should review the third-party's own terms before using it.
We may introduce new features to the Services from time to time. Any new feature will also be subject to these Terms.
Section 8: Third-Party Links
The Services may contain links to websites operated by third parties. We do not examine or evaluate the content of any third-party site, and we are not responsible for it. If you leave our Services to visit a third-party site, you do so at your own risk. Please review the third party's own terms and policies before making any purchase or providing any information.
Section 9: Relationship With Shopify
Agnes & Vera is powered by Shopify, which enables us to provide the Services to you. Any sale you make is made directly with Agnes & Vera. Shopify is not responsible for any aspect of the sale between you and Agnes & Vera, including any loss or damage arising from a purchased product.
Section 10: Privacy
All personal information we collect through the Services is handled in accordance with UK GDPR and the Data Protection Act 2018, and is set out in full in our Privacy Policy.
Because the Services are hosted by Shopify, Shopify also processes personal data about your use of the Services on our behalf, and in some cases as an independent controller, in order to provide and improve the Services. Our Privacy Policy explains how we and Shopify use your personal information, and how you can exercise your data protection rights.
Section 11: Feedback
If you send us ideas, suggestions, reviews, or other feedback ("Feedback"), you grant us a royalty-free, worldwide licence to use, reproduce, and publish that Feedback for any purpose connected with operating and promoting the Services.
You confirm that you own the rights to any Feedback you send us, and that it does not infringe any third party's rights or contain anything unlawful, defamatory, or obscene. We are under no obligation to keep Feedback confidential, to pay for it, or to respond to it, and we may remove any Feedback at our discretion.
Section 12: Errors, Inaccuracies, and Omissions
Occasionally the Services may contain typographical errors or inaccuracies relating to product descriptions, pricing, or availability. We reserve the right to correct any such errors and to update or cancel an order affected by them, without prior notice, including after an order has been submitted. If we cancel an order for this reason, you will receive a full refund.
Section 13: Prohibited Uses
You may use the Services for lawful purposes only. You must not use the Services to: break any applicable law; infringe our intellectual property rights or those of others; harass, abuse, or defame anyone; transmit false or misleading information; send spam or unsolicited advertising; impersonate any person or entity; or engage in conduct that restricts or interferes with anyone else's use of the Services.
You must not: upload viruses or malicious code; scrape, extract, or resell any part of the Services; collect other users' personal information; or use bots, scrapers, or automated tools to access the Services without our permission. We may suspend or terminate your account, without notice, if we reasonably believe you have breached this section.
Section 14: Automated Agents
This section applies if you use, enable, or cause an automated agent to access or interact with the Services on your behalf. Any such agent must clearly identify itself as an agent in its requests, must not attempt to disguise itself as a human user or bypass measures such as CAPTCHAs intended to distinguish human from automated use, and must comply with any request from us to stop accessing the Services. We may restrict or block automated access to the Services at our discretion.
Section 15: Termination
We may end this agreement, or restrict your access to the Services, at our discretion, though we will not do so in a way that affects an order you have already placed and paid for. You remain responsible for any amounts due up to the date of termination.
Sections that by their nature should continue to apply after termination, including Intellectual Property, Feedback, Disclaimer, Limitation of Liability, and Governing Law, will continue to apply.
Section 16: Disclaimer
The information on the Services is provided for general information purposes. We take reasonable care to keep it accurate, but we do not guarantee that it is complete or error free, and any reliance you place on it is at your own risk, except where this would conflict with your rights under the Consumer Rights Act 2015.
Nothing in these Terms excludes or limits our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any breach of the terms implied by the Consumer Rights Act 2015 relating to the quality, fitness for purpose, or description of goods, which cannot lawfully be excluded
- Any other liability that cannot be excluded or limited under UK law
Subject to the above, the Services and products are provided without any implied warranty beyond those guaranteed to you by law.
Section 17: Limitation of Liability
Subject to Section 16 above, and to the fullest extent permitted by law, Agnes & Vera will not be liable to you for any indirect or consequential loss arising from your use of the Services or your purchase of any product, including loss of profits or loss of data, whether arising in contract, tort (including negligence), or otherwise.
Our total liability to you for any claim arising from an order will not exceed the price you paid for the relevant product, except in the case of the liabilities listed in Section 16, which are not limited.
Section 18: Indemnification
You agree to indemnify us against reasonable losses, damages, and costs we incur as a direct result of your breach of these Terms, your misuse of the Services, or your infringement of a third party's rights. This does not require you to indemnify us for any loss caused by our own negligence, breach of these Terms, or failure to meet our obligations to you as a consumer.
Section 19: Severability
If any provision of these Terms is found to be unlawful or unenforceable, that provision will be treated as removed to the extent necessary, and the rest of these Terms will remain in effect.
Section 20: Waiver and Entire Agreement
If we do not enforce a right or provision in these Terms on one occasion, that does not mean we waive our right to enforce it later.
These Terms of Service, together with our Privacy Policy and any other policies we publish on the Services, form the entire agreement between you and us regarding your use of the Services, and supersede any earlier agreements or understandings between us on that subject.
Section 21: Assignment
You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms, for example as part of a sale of our business, without needing your consent, provided this does not reduce your statutory rights.
Section 22: Governing Law
These Terms, and any dispute arising from them or from your use of the Services, are governed by the law of England and Wales. You and Agnes & Vera both agree to submit to the exclusive jurisdiction of the courts of England and Wales, except that if you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in your local courts.
Section 23: Headings
The headings in these Terms are included for convenience only and do not affect their interpretation.
Section 24: Changes to These Terms
We may update these Terms from time to time by posting a revised version on our website. Where a change materially affects your rights, we will take reasonable steps to notify you. Your continued use of the Services after a change is posted means you accept the updated Terms.
Section 25: Contact Information
Questions about these Terms should be sent to us at:
Agnes & Vera
01747 871142