Terms of service

Overview
Welcome to Atelier. Senseware! The terms "we", "us" and "our" refer to Atelier. Senseware. Atelier. Senseware 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"). Atelier. Senseware is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (the "Terms") set forth the terms and conditions that apply to your access to and use of the Services, including any policies referenced herein.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including a disclaimer of warranties and a limitation of liability.
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy [link]. If you do not agree to these Terms or the Privacy Policy, you may not use or access the Services.

Section 1 - Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing and shipping information. You represent and warrant that all information you provide in our store is correct, current, and complete, and that you have all rights required to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other party.

Section 2 - Our Products
We attempt to be as accurate as possible in our online store when displaying our products and services. However, please note that the colours or appearance of a product may differ from what appears on your screen depending on the type of device you use to access our store and its settings and configuration.
We do not warrant that the quality of any products or services purchased by you will meet your expectations, or that any errors in the Services or on our online store will be corrected.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction, on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.

Section 3 - Orders
When you submit an order, you are making an offer to purchase. Atelier. Senseware reserves the right to accept or decline your order for any reason at our sole discretion. Your order is not accepted until Atelier. Senseware has confirmed acceptance. We must receive and process your payment before we accept your order. Please double-check your order before submitting it, as Atelier. Senseware may not be able to accommodate cancellation requests once your order has been accepted. If we do not accept, modify, or cancel your order, we will attempt to notify you using the email address, billing address, and/or telephone number that you provided at the time the order was made.
Products purchased by you may only be returned or exchanged in accordance with our Refund Policy [link].
Purchases made by you are for personal or household use only and may not be resold or exported for commercial purposes.

Section 4 - Pricing 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 set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or shipping and handling, duties, or import fees, unless otherwise specified.
Prices for our products are subject to change without notice, and prices posted on our online store may differ from prices offered in our physical retail store(s) or in stores or online stores operated by third parties. We may offer promotions with different pricing terms on the Services, which are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for such a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the time your order was made.

Section 5 - Shipping and Delivery
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for any delays caused by carriers, customs processing, or events outside of our control. Once we transfer possession of goods to a carrier, title and risk of loss transfer to you.

Section 6 - Intellectual Property
The Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, as well as their design, selection, and arrangement, are owned by Atelier. Senseware, our affiliates, or licensors and are protected by United States and international patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Services, except as explicitly stated in these Terms. Nothing in these Terms grants or should be construed as granting you any right or license to use any patent, trademark, copyright, or other proprietary right of Atelier. Senseware, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. Atelier. Senseware retains any rights not expressly granted under these Terms.
Atelier. Senseware's name, logo, product and service names, designs, and slogans are trademarks of Atelier. Senseware, our affiliates, or licensors. You may not use such trademarks without the prior written permission of Atelier. Senseware. Shopify's name, logo, product and service names, designs, and slogans 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 third-party tools that we neither monitor nor have any control over, nor any input.
You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations, or conditions of any kind and without any 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 tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Services (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Section 8 - Third-Party Links
The Services may contain materials and links to websites provided by third parties that are not affiliated with us, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 9 - Relationship with Shopify
[Merchant note: This section accurately describes the relationship between Shopify and your store and should not be removed or altered.]
Atelier. Senseware is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases made through our store are directly with Atelier. Senseware. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales made between you and Atelier. Senseware, including any injuries, losses, or damages caused by any of the products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchases and dealings with Atelier. Senseware.

Section 10 - Privacy Policy
Any personal information we collect through the Services is subject to our Privacy Policy, which you can view here [link], and certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you acknowledge that you have read our Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transferred to and shared with Shopify and third parties who may be located in countries other than where you live, in order to provide the Services to you. Please see our Privacy Policy [link] for more information about how we, Shopify, and our partners 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 (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to fulfil our obligations and exercise our rights under these Terms.
You further represent and warrant that: (i) your Feedback and our use of it, as licensed above, will not infringe, misappropriate, or otherwise violate any third party's intellectual property rights or rights of publicity or privacy; (ii) you have disclosed any compensation or incentive you have received in connection with your Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation, now or in the future, to (1) keep any Feedback confidential; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene, or otherwise objectionable, or violates any party's intellectual property or these Terms.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain 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 or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, 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 without prior notice, including after you have submitted your order.

Section 13 - Prohibited Uses
You may only use the Services for lawful purposes. You may not use the Services: (a) for any unlawful or fraudulent purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on any protected characteristic; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (g) to spam, phish, pharm, pretext, spider, crawl, or scrape; (h) for any obscene or immoral purpose; or (i) to interfere with or circumvent the security features of the Services.
We further reserve the right to terminate your use of the Services for violating any of the prohibited uses.

Section 14 - Agents
14.1 This section (the "Agent Terms") applies if you use, permit, enable, or otherwise cause an Agent to be deployed to access, use, or interact with any of the Services. An "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of an individual or entity, or at their direction, without requiring direct supervision to perform actions on behalf of, or using a device of, an individual.
14.2 No Agent may access, use, or interact with the Services unless it at all times discloses its identity and operates in strict accordance with the requirements of Section 14.4 below. Further, no Agent may access, use, or interact with any Services if we request that Agents refrain from accessing, using, or interacting with such Services.
14.3 We may restrict (including through technical measures) whether and how any Agent may access, use, and interact with the Services.
14.4 Agents must: (i) identify that requests originate from an Agent in all HTTP/HTTPS requests, by disclosing the Agent name by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obscure that any access, use, or interaction is by an Agent, for example by (a) mimicking human behaviour or interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) truthfully answer any question or prompt seeking to determine whether an interaction is by a human or a computer; and (iv) not circumvent or otherwise avoid any measures we use to block, limit, modify, or control whether and how an Agent may access, use, or interact with the Services.

Section 15 - Termination
We may terminate this agreement or your access to the Services (or any part thereof) at any time, without notice, and 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, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

Section 16 - Disclaimer of Warranties
The information on the Services or otherwise made available to you through the Services is provided for general informational 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. We disclaim all liability arising out of such reliance for you or any other visitor to the Services, or anyone who may be informed of any of its content.
Except as expressly stated by Atelier. Senseware, the Services and all products made available through the Services are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusion or limitation may not apply to you.

Section 17 - Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Atelier. Senseware, our directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or Shopify or its affiliates, be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, cost of replacement, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services, or any products procured using the Services, or for any other claim related in any way to your use of the Services, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available through the Services, even if advised of their possibility.

Section 18 - Indemnification
You agree to indemnify, defend, and hold harmless Atelier. Senseware, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your breach of these Terms or any documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you of any claim for which we are seeking indemnification, but a failure to promptly notify you will not relieve you of your obligations except to the extent you are materially prejudiced by such failure. We will control the defence and settlement of any such claim, at your expense (including choice of counsel), provided that we will not settle any claim requiring you to undertake any non-monetary obligation without your consent, which shall not be unreasonably withheld. You agree to cooperate with the defence of any indemnified claim, including providing relevant documents.

Section 19 - Severability
If any provision of these Terms 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 severed from these Terms; 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 shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 21 - Assignment
You may not assign, transfer, or delegate this agreement or any rights or obligations hereunder without our prior written consent, and any such attempted assignment shall be void. We may assign, transfer, or delegate this agreement and any rights or obligations hereunder without notice or consent.

Section 22 - Governing Law
These Terms, and any separate agreements whereby we provide you the Services, shall be governed by and construed in accordance with the federal and state or provincial laws applicable in the jurisdiction in which Atelier. Senseware is headquartered, without regard to its conflict of law provisions. You and Atelier. Senseware agree that the courts located in that jurisdiction shall have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms.

Section 23 - Headings
Headings used in this agreement are included for convenience only and will not limit or otherwise affect 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, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

Section 25 - Contact Information
Questions about these Terms of Service should be sent to us at info@ateliersenseware.com.
Our contact information is posted below:
[Insert business name]
info@ateliersenseware.com
[Insert business address]
[Insert company phone number]
[Insert business registration number]
[Insert VAT number]