GENERAL DESCRIPTION
We welcome you to Red Calm. The terms “we”, “us” and “our” refer to Red Calm. Red Calm operates this shop and website, including all information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Red Calm uses Shopify technology, which allows us to provide you with the Services.
The following terms and conditions, and all policies referenced in them (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By viewing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service and the Privacy Policy, you must not use our Services.
SECTION 1: ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside and that you have given us your consent to allow any minors in your care to use the Services on devices you own, purchase or manage.
To use the Services, including accessing our online shops, browsing them or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing address, payment method and shipping address. You represent and warrant that all information you provide in our shops is correct, current and complete, and that you have all necessary rights to provide this information.
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 or assign your account to any other person, nor may you grant any licences linked to that account.
SECTION 2: OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online shops. However, please note that the colours or appearance of the product may differ from how they look on your screen due to the type of device you use to access the shop and your device settings.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those shown in our online shops.
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 we may limit the quantities of products we offer to any person, geographic region or jurisdiction as applicable.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. Red Calm reserves the right to accept or reject your order for any reason, at its sole discretion. Your order is not accepted until Red Calm confirms acceptance. We must receive and process your payment in order to accept your order. Please review your order carefully before submitting it, as Red Calm may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address or telephone number provided when the order was placed.
Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use only and not for resale or export for commercial purposes.
SECTION 4: PRICES AND BILLING
Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include taxes, shipping, order handling, customs clearance or import charges.
Prices displayed in our online shops may differ from prices offered in physical, online or other stores operated by third parties. From time to time, we may offer promotions for the Services that may affect prices and are governed by terms and conditions different from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
For all purchases made in our shops, you agree to provide current, complete and accurate purchase, payment and account information. You agree to promptly update your account and other information, such as your email address and credit card numbers and expiry dates, so that 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 duly authorised to use that credit card for the purchase; (iii) your credit card company will honour the charges incurred by you; and (iv) you will pay the charges incurred at the posted prices, including shipping, order handling and applicable taxes, if any.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Once we deliver the products to the carrier, title and risk pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, without limitation, trademarks, trade names, text, samples, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are the property of Red Calm, its affiliates or licensors and are protected by United States and foreign copyright, trademark and other intellectual property laws.
These Terms allow you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material included in the Services without our prior written consent. Unless expressly stated otherwise herein, nothing in these Terms grants or shall be construed as granting you any licence or other right in or to any patents, trademarks, copyrights or other intellectual property of Red Calm, Shopify or any third party. Unauthorised use of the Services may violate federal and state intellectual property laws. Red Calm reserves all rights not expressly granted herein.
The names, logos, product and service names, designs and slogans of Red Calm are trademarks of Red Calm, its affiliates or licensors. You must not use such trademarks without the prior written consent of Red Calm. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be given access to customer tools offered by third parties over which we exercise no monitoring, control or input.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional third-party tools offered through the site is entirely at your own discretion and risk, and you should ensure that you are familiar with and approve the terms on which the relevant third-party providers offer the tools.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, and we do not warrant the accuracy of, any third-party materials or websites that you choose to access. If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites or to any purchase or use of products, services or resources from third-party websites. Please review third-party policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterises Shopify’s relationship with your shop and must not be removed or modified.]
Red Calm uses Shopify technology, which allows us to provide you with the Services. However, any sale and purchase you make in our shop is made directly with Red Calm. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that take place between you and Red Calm, including injuries, damages or losses caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising from or related to your purchases and transactions with Red Calm.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be found there. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted on Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you. In order to provide you with services, the information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than your own. For more information about how we, Shopify and our partners use your personal information, please review our Privacy Policy [LINK].
SECTION 11: COMMENTS
If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Comments in any media and for any purpose, including commercial use. For example, we may exercise our rights under this licence to operate, provide, evaluate, optimise, improve and promote the Services, and to meet our obligations and enforce our rights under the Terms of Service.
You also represent and warrant that: (i) you own all rights necessary to all Comments; (ii) you have disclosed any compensation or incentive received in connection with your submission of the Comments; and (iii) your Comments will comply with these Terms. We have no obligation to (1) treat your Comments as confidential; (2) provide compensation for your Comments; or (3) respond to your Comments.
We may, but have no obligation to, monitor, edit or remove Comments that we determine, in our sole discretion, are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violate any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and for their accuracy. We are not responsible for any Comments posted by you or any third party.
SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information about or within the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).
SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes. You must not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local regulations, laws or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any “junk mail”, “chain letter”, “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Red Calm, Shopify or users of the Services, or expose them to liability.
You also agree not to: (a) upload or transmit viruses or any other type of malicious code that may or could be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) send spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time without prior notice if we determine that you have violated any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and you may remain liable for all amounts due up to and including the date of termination.
The following sections will continue in force after termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision which by its nature should survive termination.
SECTION 15: DISCLAIMER OF WARRANTIES
The information presented on or through the Services
