TERMS OF SERVICE
Overview
Welcome to Evelyn Stellenbosch!
The terms "we," "us," and "our" refer to Evelyn Stellenbosch.
Evelyn Stellenbosch operates this online store and website, including all information, content, features, tools, products, and services made available through it (collectively, the "Services"), in order to give you a simple, secure, and personalized shopping experience.
Our store is hosted on the Shopify platform, which enables us to provide our e-commerce services to you.
These Terms of Service, together with any policies they refer to, set out the rights and obligations that apply to you when you use our Services.
Please read these Terms carefully, as they contain important information about your legal rights, including limitations of liability, disclaimers of warranties, and other key provisions.
By accessing the site, browsing it, making a purchase, or using any part of our Services, you fully agree to these Terms of Service as well as our Privacy Policy.
If you do not agree to these Terms or to our Privacy Policy, please do not use the site or the Services offered by Evelyn Stellenbosch.
ARTICLE 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you confirm that you have reached the age of legal majority in your country of residence, or that you have obtained all necessary permissions allowing any minors in your care to use our Services.
To use our online store, we may ask you for certain personal information, including:
- your email address;
- your billing address;
- your shipping address;
- your payment information;
- any other information needed to process your orders.
You confirm that all information you provide is:
- accurate;
- current;
- complete;
- truthful.
You also confirm that you are authorized to use the information and payment methods you provide.
You are solely responsible for the security of your account and for all activity carried out through it.
You may not sell, assign, transfer, or otherwise make your account available to a third party without our prior authorization.
ARTICLE 2 – OUR PRODUCTS
We make every effort to present the products in our online store as accurately as possible.
However, the colors, textures, and visual features of products may vary slightly depending on:
- the device you are using;
- your screen settings;
- the brightness and calibration of your monitor.
For this reason, we cannot guarantee that the colors shown on your device will exactly match the actual colors of the product.
We reserve the right to change, at any time:
- product descriptions;
- images;
- availability;
- product features;
- prices;
- the quantities that may be ordered.
We may also discontinue any product at any time, without notice.
ARTICLE 3 – ORDERS
When you place an order, you are making an offer to purchase.
Evelyn Stellenbosch reserves the right to accept or decline any order at its sole discretion.
An order is considered accepted only once we have sent the corresponding order confirmation.
Before accepting an order, we may need to verify or receive confirmation of payment.
Please review all order details carefully before confirming, as once an order has been accepted it may no longer be possible to change or cancel it.
If an order is declined, changed, or cancelled, we will make reasonable efforts to notify you using the email address, phone number, or other contact details you provided at the time of purchase.
All returns and exchanges are governed exclusively by our Return and Refund Policy.
Purchases made on our site are intended solely for personal use and may not be made for the purpose of commercial resale or export.
ARTICLE 4 – PRICES AND PAYMENTS
All prices displayed on our site are subject to change without notice.
The price that applies to your order is the one shown at the time of confirmation and stated in your order confirmation email.
Unless stated otherwise, prices do not include:
- any applicable taxes;
- customs duties;
- import fees;
- shipping costs.
Prices displayed on our site may differ from those offered by other retailers or platforms.
You agree to provide accurate and current payment information and to keep it up to date at all times.
You also confirm that:
- you are authorized to use the payment method chosen;
- all information entered is accurate and truthful;
- you authorize us to charge the amount corresponding to your order, including any applicable shipping costs and taxes.
ARTICLE 5 – SHIPPING AND DELIVERY
We are committed to shipping orders as quickly as possible.
However, the delivery times shown on the site are estimates only and do not constitute a guarantee of delivery by any specific date.
We cannot be held responsible for delays resulting from circumstances beyond our control, including:
- carrier delays;
- customs inspections;
- weather conditions;
- strikes;
- events of force majeure;
- logistical issues.
Once the package has been handed over to the carrier, the risks associated with shipping are transferred in accordance with applicable law.
ARTICLE 6 – INTELLECTUAL PROPERTY
All content on the Evelyn Stellenbosch website, including:
- trademarks;
- logos;
- trade names;
- images;
- photographs;
- videos;
- text;
- product descriptions;
- graphic elements;
- page layout;
- site design;
- source code;
- multimedia content,
is the property of Evelyn Stellenbosch, its licensors, or their respective rights holders, and is protected by national and international intellectual property laws.
Using our Services grants you only a limited license for personal, non-commercial use.
You may not:
- copy;
- reproduce;
- distribute;
- modify;
- publish;
- sell;
- sublicense;
- use for commercial purposes
any content on the site without our prior written authorization.
All rights not expressly granted are reserved.
ARTICLE 7 – THIRD-PARTY TOOLS
Our site may make available certain tools or features provided by third parties.
These tools are provided "as is" and "as available," without any warranty from Evelyn Stellenbosch.
We have no control over the operation of these services and cannot be held responsible for any malfunctions, changes, or interruptions.
Your use of these tools is entirely at your own risk.
In the future, we may offer new tools, features, or services, which will automatically be subject to these Terms of Service.
ARTICLE 8 – LINKS TO THIRD-PARTY SITES
Our site may contain links to websites or services operated by third parties.
These links are provided solely for your convenience.
We are not responsible for the content, accuracy, or practices of these third-party sites.
Accessing external sites is done at your own risk.
We recommend that you carefully review the terms of use and privacy policies of third-party sites before making a purchase or sharing any personal information.
Evelyn Stellenbosch cannot be held responsible for any damages resulting from the use of products or services provided by third parties.
ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
Our online store uses the Shopify platform, which provides the technical infrastructure needed to run the site and manage orders.
However, all purchases made on this site are concluded directly with Evelyn Stellenbosch.
By using our Services, you acknowledge and agree that Shopify is not a party to the sales contract entered into between you and Evelyn Stellenbosch.
As a result, Shopify is not responsible for:
- the products purchased;
- shipping;
- customer service;
- returns;
- any disputes related to orders.
By using our site, you release Shopify from any liability arising from the commercial relationship established with Evelyn Stellenbosch.
ARTICLE 10 – PRIVACY POLICY
All personal data collected through our site is processed in accordance with our Privacy Policy.
As our site is hosted on the Shopify platform, certain personal data may also be processed by Shopify in order to ensure the proper functioning of our Services.
By using our site, you confirm that you have read and understood our Privacy Policy.
For more information about how Shopify processes data, you can review the privacy policy available on Shopify's official website.
ARTICLE 11 – REVIEWS AND USER-SUBMITTED CONTENT
If you choose to send us ideas, suggestions, reviews, comments, proposals, photographs, or any other content (collectively, "Contributions"), you grant Evelyn Stellenbosch a worldwide, royalty-free, irrevocable, perpetual, and transferable license to use, reproduce, modify, publish, distribute, and display that content, in any form and for any purpose, including commercial purposes.
In particular, we may use your Contributions to:
- improve our products and Services;
- develop new features;
- publish customer reviews and testimonials;
- promote the Evelyn Stellenbosch brand.
You also confirm that:
- you are the rightful owner of the content you submit;
- you have the right to grant us this authorization;
- this content does not infringe the rights of any third party;
- this content is not defamatory, offensive, unlawful, or misleading.
We are not obligated to:
- keep the Contributions we receive confidential;
- pay you any compensation;
- respond to the content you send us.
We reserve the right to remove any content that we consider, at our sole discretion, to be inappropriate or contrary to these Terms.
ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS
Our site may occasionally contain typographical errors, inaccuracies, or omissions relating to, among other things:
- product descriptions;
- photographs;
- availability;
- prices;
- promotions;
- shipping costs;
- delivery times.
We reserve the right to correct such errors at any time, without any obligation to give prior notice, including after an order has been confirmed.
If an error relates to the price or any other essential information for an order that has already been placed, we may contact you to offer a solution or, where applicable, cancel the order and issue the corresponding refund.
ARTICLE 13 – PROHIBITED USES
The Services may be used only in accordance with the law and with these Terms.
In particular, you may not use the site to:
- carry out any illegal activity;
- violate any applicable law or regulation;
- infringe intellectual property rights;
- harass, intimidate, or discriminate against others;
- distribute false or misleading content;
- send spam or unsolicited communications;
- distribute viruses, malware, or any other harmful code;
- compromise the security of the site;
- collect the personal data of other users without authorization;
- attempt to gain unauthorized access to our systems;
- use automated systems for scraping, crawling, or data collection;
- impersonate any person or organization.
Any breach of these prohibitions may result in the immediate suspension or closure of the account concerned, without notice.
ARTICLE 14 – TERMINATION
We reserve the right to suspend or terminate your access to our Services at any time if we believe that you have breached these Terms of Service or applicable law.
Termination of access to the Services does not release you from any obligations that arose before termination, including any payments still due.
Provisions that, by their nature, must continue to apply after the end of the contractual relationship will remain fully in effect, including those relating to:
- intellectual property;
- limitations of liability;
- indemnification;
- governing law;
- the protection of personal data.
ARTICLE 15 – DISCLAIMER OF WARRANTIES
The information on the site is provided for informational purposes only.
While we strive to keep the site up to date and to provide accurate information, we do not guarantee that all information is always free of errors or complete.
Subject to applicable law, all Services and products are provided "as is" and "as available," without any express or implied warranty, including as to:
- merchantability;
- fitness for a particular purpose;
- continuous availability of the service;
- freedom from errors;
- freedom from interruptions.
Some jurisdictions may not allow the exclusion of certain warranties. In such cases, the limitations above will apply to the maximum extent permitted by law.
ARTICLE 16 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, Evelyn Stellenbosch, its staff, partners, service providers, and licensors cannot be held liable for any direct, indirect, incidental, special, or consequential damages resulting from, among other things:
- use of the site;
- inability to use the site;
- the purchase of products;
- delivery delays;
- errors in the content;
- service interruptions;
- loss of data;
- loss of profits;
- damages resulting from circumstances beyond our control.
Nothing in these Terms limits or excludes liability where such limitation or exclusion is prohibited by law.
ARTICLE 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Evelyn Stellenbosch, together with its directors, employees, staff, suppliers, business partners, and service providers, against any claim, damage, loss, liability, cost, or expense, including reasonable legal fees, arising from, among other things:
- a breach of these Terms of Service;
- a violation of the rights of a third party;
- misuse of the site;
- a violation of applicable law;
- unlawful use of the Services.
If a claim or demand for compensation is brought against us as a result of your conduct, we will make reasonable efforts to notify you promptly, without prejudice to your obligation to cooperate in managing the dispute concerned.
ARTICLE 18 – SEVERABILITY
If any provision of these Terms of Service is found to be invalid, void, or unenforceable by a competent authority, that provision will be applied to the fullest extent permitted by law.
The invalidity or unenforceability of any provision will not affect the validity or effectiveness of the remaining provisions, which will remain fully in force.
ARTICLE 19 – WAIVER AND ENTIRE AGREEMENT
The failure of Evelyn Stellenbosch to immediately exercise any right under these Terms does not constitute a waiver of that right.
These Terms of Service, together with our Privacy Policy, our Return and Refund Policy, our Shipping Policy, and any other policy published on the site, constitute the entire agreement between you and Evelyn Stellenbosch regarding the use of our Services.
They supersede any prior communication, agreement, or understanding, whether oral or written, on the same subject.
Any ambiguity in the interpretation of these Terms will not be automatically construed against the party that drafted this document.
ARTICLE 20 – ASSIGNMENT
You may not assign, transfer, or delegate to any third party the rights or obligations arising from these Terms without the prior written consent of Evelyn Stellenbosch.
Evelyn Stellenbosch, for its part, may transfer, assign, or delegate its rights and obligations in connection with a restructuring, a corporate reorganization, a merger, or a sale of the business, without affecting your rights.
ARTICLE 21 – GOVERNING LAW
These Terms of Service are governed by and construed in accordance with applicable law, subject to the mandatory consumer-protection provisions of the country in which the consumer resides.
For any dispute relating to the interpretation, validity, or performance of these Terms, the competent jurisdiction will be the one determined by the applicable consumer-protection legislation.
Where applicable law permits, the parties may first make use of alternative dispute resolution (ADR) procedures or any official online dispute resolution mechanism made available by the competent authorities.
ARTICLE 22 – HEADINGS
The headings of the various articles of these Terms of Service are used solely to make the document easier to read and navigate.
They do not in any way affect the interpretation or legal scope of the corresponding provisions.
ARTICLE 23 – CHANGES TO THESE TERMS OF SERVICE
We reserve the right to change or update these Terms of Service at any time when necessary, including as a result of:
- legal or regulatory developments;
- updates to our Services;
- changes to our procedures;
- security improvements;
- changes to the site's features.
The most recent version of these Terms will always be published on this page, along with the date of the last update.
Continuing to use the site after changes have been published constitutes acceptance of the new Terms of Service.
Where required by applicable law, we will notify users of material changes by appropriate means.
ARTICLE 24 – CONTACT
If you have any questions about these Terms of Service or our Services, you can contact us at any time.
Evelyn Stellenbosch
Email: support@evelynstellenbosch.com
We will do our best to respond to your request as quickly as possible.
FINAL PROVISIONS
By using the Evelyn Stellenbosch website, you confirm that you have read, understood, and fully accepted these Terms of Service.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain fully valid and enforceable.
Our goal is to give you a transparent, secure shopping experience that complies with applicable regulations, while ensuring the best possible protection for our customers.