Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to HER ENIGMA. Throughout the site, the terms “we”, “us” and “our” refer to HER ENIGMA.
HER ENIGMA 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”). HER ENIGMA is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”) govern your access to and use of our Services. Please read them carefully, as they include important information about your legal rights, including warranty disclaimers, limitations of liability, and other terms that may affect you.
By visiting, browsing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, available here: [LINK]. If you do not agree to these Terms 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 the age of majority in your country, state, or province of residence, or that you are the age of majority and 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 products from us, you may be asked to provide certain information, such as your name, email address, billing information, payment details, and shipping address. You represent and warrant that all information you provide is accurate, current, complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make every effort to display our products as accurately as possible in our online store. However, please note that colors, textures, and overall product appearance may vary depending on your screen, device settings, and display configuration.
We do not guarantee that the appearance of any product on your screen will be exactly the same as the physical item you receive.
All product descriptions, pricing, availability, and other content 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 to limit the quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. HER ENIGMA reserves the right to accept or decline any order at its sole discretion.
Your order is not accepted until we confirm acceptance and successfully process your payment. Please review your order carefully before submitting it, as we may not be able to accommodate cancellation or modification requests once your order has been processed.
If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of purchase.
All purchases are subject to our Refund Policy, available here: [LINK].
You represent and warrant that your purchases are for your own personal or household use only and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without 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 stated in your order confirmation.
Unless otherwise expressly stated, posted prices do not include taxes, shipping fees, handling charges, customs duties, or import charges.
Prices shown in our online store may differ from prices offered by third parties or on other platforms.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your information, including your email address, payment details, and shipping address, so that we can complete your transactions and contact you when necessary.
You represent and warrant that:
- the payment information you provide is true, correct, and complete;
- you are authorized to use the chosen payment method;
- charges incurred by you will be honored by your payment provider; and
- you will pay all charges incurred at the posted prices, including shipping fees and any applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed.
We are not liable for delays caused by shipping carriers, customs clearance, international transit, weather conditions, or events outside our reasonable control.
Once an order has been transferred to the carrier, title and risk of loss pass to you, to the extent permitted by applicable law.
Additional terms relating to shipping, delivery, and order processing may be set out in our Shipping Policy, available here: [LINK].
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand names, logos, product names, text, graphics, images, videos, audio, designs, layouts, and all related content, are owned by HER ENIGMA, its affiliates, licensors, or content providers and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, duplicate, copy, sell, resell, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit any content from the Services without our prior written consent.
Except as expressly stated, nothing in these Terms grants you any right or license under any copyright, trademark, or other intellectual property right owned by HER ENIGMA, Shopify, or any third party.
HER ENIGMA’s names, logos, product names, service names, designs, and slogans are trademarks of HER ENIGMA or its licensors. Shopify’s name, logo, and related marks are trademarks of Shopify. All other names, logos, product names, and service names on the Services are the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools or services that we do not monitor, control, or manage.
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.
Your use of optional third-party tools is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider.
Any new features, tools, or resources added to the Services in the future shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third-party websites, materials, or services that are not affiliated with us.
We are not responsible for examining or evaluating the content, accuracy, or policies of any third-party websites or services. If you choose to access third-party websites, you do so at your own risk.
We are not liable for any harm or damages arising from your access to or use of any third-party websites, products, services, or content. Please review the third party’s own terms and policies before engaging in any transaction.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
HER ENIGMA is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with HER ENIGMA.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and HER ENIGMA, including any injury, damage, or loss arising from products or services purchased from us.
You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with HER ENIGMA.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here: [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy.
By using the Services, you acknowledge that you have read and understood these privacy policies.
Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve those Services. Information you submit through the Services may be transmitted to and shared with Shopify and third parties that may be located outside your country of residence.
Please review our Privacy Policy for more details on how we, Shopify, and our service providers use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other materials (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.
You represent and warrant that:
- you own or have all necessary rights to the Feedback;
- your Feedback does not violate any law or the rights of any third party; and
- your Feedback will comply with these Terms.
We are under no obligation to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, misleading, infringing, or otherwise objectionable.
You are solely responsible for the Feedback you provide and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or 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 without prior notice, including after you have submitted your order.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You may not access or use the Services:
- for any unlawful, fraudulent, or malicious purpose;
- to violate any applicable laws, regulations, or third-party rights;
- to infringe our intellectual property rights or the rights of others;
- to harass, abuse, defame, threaten, intimidate, or harm any person;
- to submit false or misleading information;
- to distribute spam, chain letters, junk mail, or similar communications;
- to impersonate another person or entity; or
- to interfere with the security, performance, or proper operation of the Services.
You also agree not to:
- upload or transmit malicious code, viruses, or malware;
- copy, reproduce, resell, or exploit any part of the Services without authorization;
- collect or track the personal information of others;
- use scraping, crawling, bots, automated tools, or similar methods to access the Services;
- bypass or circumvent security features or access restrictions.
We reserve the right to suspend, restrict, or terminate your access to the Services if we believe you have violated these Terms.
SECTION 14 - AGENTS
14.1
This section applies if you use, allow, enable, or cause the deployment of any software, automation, or agent to access, use, or interact with the Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity.
14.2
No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with the requirements set out in these Terms. No Agent may access, use, or interact with the Services if we have requested that such Agent refrain from doing so.
14.3
We may limit, restrict, or block whether and how any Agent accesses, uses, or interacts with the Services.
14.4
Agents must:
- identify themselves accurately in requests;
- not conceal or misrepresent that access is being made by an Agent;
- not mimic human behavior to bypass protections;
- respond truthfully to prompts intended to determine whether interaction is human or automated; and
- not circumvent any technical or legal measures intended to control access to the Services.
SECTION 15 - TERMINATION
We may terminate or suspend your access to the Services, or any part of them, at any time and without notice, in our sole discretion.
You will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Except as
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general information purposes only. While we aim to keep all content accurate and up to date, we do not guarantee that any information made available through the Services is accurate, complete, reliable, or current.
Any reliance you place on such information is strictly at your own risk. HER ENIGMA disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of their contents.
Except as expressly stated by HER ENIGMA, the Services and all products offered through the Services are provided on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, whether express or implied, including, without limitation, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
Some jurisdictions do not allow the exclusion or limitation of certain warranties. In such cases, some of the above exclusions may not apply to you to the extent prohibited by applicable law.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, HER ENIGMA, including our affiliates, partners, directors, officers, employees, agents, contractors, service providers, licensors, and Shopify and its affiliates, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, business interruption, or any similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from:
- your access to or use of the Services;
- your inability to use the Services;
- any products purchased through the Services;
- any errors, inaccuracies, or omissions in any content; or
- any loss or damage resulting from the use of the Services or any content or product made available through the Services, even if advised of the possibility of such damages.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless HER ENIGMA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, demands, or expenses, including reasonable legal fees, arising out of or relating to:
- your breach of these Terms of Service or any documents incorporated by reference;
- your violation of any applicable law or regulation; or
- your violation of any third-party rights, including intellectual property, privacy, or other legal rights.
We will provide notice of any such claim where reasonably possible. Failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced by that failure.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate fully with us in asserting any available defenses.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service.
Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or in relation to the Services, constitute the entire agreement and understanding between you and HER ENIGMA and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not assign, transfer, delegate, or otherwise dispose of this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section shall be null and void.
We may assign, transfer, or delegate these Terms, in whole or in part, and any of our rights or obligations under them, without notice to you, to the extent permitted by law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.
Any disputes arising out of or relating to these Terms of Service or your use of the Services shall be submitted to the competent courts of the Netherlands, unless otherwise required by applicable consumer protection law.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting changes to our website. It is your responsibility to review this page periodically for updates.
Where required by applicable law, we will notify you of material changes to these Terms. Any changes will take effect on the date specified in the updated Terms or in the notice provided.
Your continued use of or access to the Services after any changes have been posted or become effective constitutes your acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at herenigmashop@gmail.com.
Our contact information is posted below:
Haus of Healing BV
email: herenigmashop@gmail.com / hausofhealingevents@gmail.com
adress: Nieuwe binnenweg 149 F, 3014 GK, Rotterdam, The Netherlands
+31621968187
KVK nummer: 91976642
VAT: NL865837430 B01