Terms of service

TERMS OF SERVICE

OVERVIEW
Welcome to Ecoly Store! The terms "we", "us" and "our" refer to Ecoly Store. Ecoly Store 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"). Ecoly Store 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. 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, 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 state, province, or country of residence. To use the Services, including accessing or 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 information. You represent and warrant that all information you provide is correct, current, and complete. You are solely responsible for maintaining the security of your account credentials and for all account activity.

SECTION 2 - OUR PRODUCTS AND CONFORMITY
We make every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ slightly depending on your screen settings. 
In accordance with European Union and Belgian consumer protection laws, all products supplied by us benefit from the legal warranty of conformity. We warrant that the products match the descriptions provided on our website and possess the qualities that a consumer can reasonably expect. Product descriptions and assortments are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product or limit quantities on a case-by-case basis.

SECTION 3 - ORDERS AND CONTRACT FORMATION
When you place an order, you are making an offer to purchase. A binding contract is formed once we send you an order confirmation email. We reserve the right to decline or limit any order for legitimate reasons (e.g., suspected fraud, stock unavailability, or obvious pricing errors). In the event that we make a change to or cancel an order, we will notify you immediately via the email, billing address, or phone number provided at the time the order was made. Your purchases are subject to return or exchange strictly in accordance with our Refund Policy.

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, as displayed on the checkout page and set out in your order confirmation email. Posted prices are displayed in Euros (€) and include VAT where applicable, but exclude shipping charges unless stated otherwise. You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions made at our store. 

SECTION 5 - SHIPPING, DELIVERY, AND RISK OF LOSS
All delivery times provided are estimates and are not guaranteed deadlines. However, we strive to fulfill all orders within a reasonable timeframe. In accordance with EU consumer law, the risk of loss, damage, or theft of the products passes to you, the consumer, only when you (or a third party designated by you) take physical possession of the goods. We are responsible for the safe transit of the products from our suppliers to your delivery address.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to the brand name ECOLY, ECOLY STORE, all text, logos, custom graphics, images, product descriptions, and layout designs, are owned by Ecoly Store, its affiliates, or licensors and are protected by applicable trademark, copyright, and intellectual property laws. These Terms permit you to use the Services for personal, non-commercial use only. Any unauthorized reproduction, distribution, modification, or public display of our materials is strictly prohibited without our prior written consent.

SECTION 7 - OPTIONAL AND THIRD-PARTY TOOLS
We may provide you with access to optional third-party tools or software (such as conversion tracking or checkout optimizers) which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties or endorsements. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure you are familiar with the terms provided by the relevant third-party provider.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Services may include materials from third parties. Hyperlinks on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, products, or services.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Ecoly Store is hosted on the Shopify e-commerce platform. Shopify enables us to provide the online store and Services to you. However, any sales, customer support, and contracts made in our Store are made directly between you and Ecoly Store. Shopify is not a party to the transaction and is not responsible for the performance, quality, or delivery of the products purchased.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is strictly subject to our Privacy Policy, which is compliant with the European General Data Protection Regulation (GDPR) and can be viewed on our dedicated Privacy Policy page.

SECTION 11 - FEEDBACK, REVIEWS, AND SUBMISSIONS
If you submit product reviews, suggestions, ideas, or other content (collectively, "Feedback"), you grant us a worldwide, royalty-free, perpetual license to use, publish, and distribute this Feedback for promotional or commercial purposes. We reserve the right, but have no obligation, to monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, defamatory, or in violation of any party's intellectual property or these Terms of Service.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, and availability. We reserve the right to correct any errors and to update information. We reserve the right to cancel orders only if the price or description error is an obvious manifest mistake (drukfout/vergissing) which a reasonable consumer should have recognized as an error. If an order is canceled due to such an error, we will notify you immediately and fully refund your payment.

SECTION 13 - PROHIBITED USES
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to violate any international, federal, provincial, or state regulations, rules, or laws; (c) to infringe upon or violate our intellectual property rights or the rights of others; (d) to transmit false or misleading information; (e) to upload or transmit viruses, malware, or any other type of malicious code; (f) to scrape, crawl, index, or extract data from our website using automated means (such as bots or scraping tools); or (g) to interfere with or circumvent the security features of the Services. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

SECTION 14 - AGENTS AND AUTOMATED ACCESS
No automated software, autonomous agent, or bot ("Agent") may access, crawl, or interact with our Services unless it clearly identifies itself in the HTTP user-agent string as "Agent/[Name]" and complies strictly with our security measures and robot exclusion headers. Agents must not mimic human behavior, attempt to circumvent CAPTCHAs, or obfuscate their automated nature.

SECTION 15 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use our Services. If in our sole discretion you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to the date of termination.

SECTION 16 - LIMITATION OF LIABILITY
Nothing in these Terms of Service shall limit or exclude our liability for death, personal injury, fraud, or gross negligence, or any liability which cannot be limited or excluded under dwingend recht (applicable mandatory consumer protection laws in Belgium and the EU). Subject to the foregoing, Ecoly Store shall not be liable for any indirect, incidental, or consequential damages resulting from the use or inability to use our products or services.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ecoly Store and our affiliates, partners, officers, and service providers from any third-party claims, losses, or damages (including reasonable legal fees) arising out of your material breach of these Terms of Service or your violation of any applicable law.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.