Terms of Use

JUDGEMENT

Welcome to Dala Rose! The terms "we", "us", and "our" refer to Dala Rose . Dala Rose operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a carefully curated shopping experience (the "Services"). The Dala Rose store runs on Shopify, enabling us to provide the Services.

These Terms of Service, together with all policies referred to herein ("Terms of Service" or "Terms of Use"), describe your rights and obligations when using the Services.

Read these general terms and conditions carefully, as they contain important information regarding your rights, including exclusions of warranties and limitations of liability.

By using, visiting, or interacting with our services, you accept these terms and conditions and our privacy policy. If you do not agree to the terms and conditions or the privacy policy, you should not use or visit our services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these General Terms and Conditions, you declare that you have reached the age of majority in accordance with the legislation in force in your place of residence and that you have given permission for the use of the services by minors under your supervision using devices that you own, purchase, or manage.

To use the Services, including visiting our webshop or purchasing products and services that we offer, we may ask you to provide certain information, such as your email address, billing information, payment information, and shipping address. You represent and warrant that all information provided by you is true, current, and complete, and that you have all the necessary means to provide such information.

You are solely responsible for keeping your account details confidential and for all activities that take place under your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We do our utmost to ensure that the products and services offered in our webshop are as accurate as possible. However, please note that the colors and appearance of products may differ from the actual colors, depending on the device used and its settings and configuration.

We do not guarantee that the appearance or quality of the purchased products or services meets your expectations, or that they are identical to the products or services displayed in our online store.

All product descriptions may be modified at any time without prior notice at our sole discretion. We reserve the right to withdraw any product from sale at any time and to limit the available quantities for a specific person, geographic region, or jurisdiction.

SECTION 3 – ORDERS

Placing an order constitutes an offer to purchase. Dala Rose reserves the right to accept or refuse your order at its sole discretion. Your order will only be considered accepted upon confirmation by Dala Rose . Payment must be received and processed before we can accept your order.

Please check all details carefully before placing your order, as we may no longer be able to fulfill your cancellation request once the order has been accepted. If we refuse, modify, or cancel your order, we will do our best to notify you via the email address, billing address, and/or telephone number you provided when placing your order.

Returning and exchanging purchased products is only possible in accordance with our return policy: Return Policy .

You declare and guarantee that the purchased products are exclusively for personal or household use and will not be resold or exported for commercial purposes.

SECTION 4 – PRICES AND PAYMENTS

Prices, discounts, and promotions are subject to change without prior notice. The applicable price is the price valid at the time of the order and is stated in the order confirmation email. Unless otherwise stated, published prices exclude taxes, shipping costs, administrative fees, customs duties, and import duties.

The prices in our webshop may differ from the prices in physical stores or other third-party webshops. We periodically offer promotions, for which separate terms and conditions apply. In the event of a conflict between the terms and conditions of a promotion and these general terms and conditions, the terms and conditions of the relevant promotion shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information. You also agree to update your information, including your email address, credit card number, and expiration date, in a timely manner so that we can process your orders and contact you if necessary.

You declare and warrant that:
(i) the payment card details are accurate, correct and complete;
(ii) you are authorized to use this card for the purchase;
(iii) the charges are accepted by your payment card issuer;
(iv) you pay all amounts due under the order at the applicable prices, including shipping costs and any taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery. All delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs procedures, or events beyond our control. The risk of loss or damage to the goods passes to you as soon as the goods have been handed over to the carrier.

SECTION 6 – INTELLECTUAL PROPERTY

Our services, including but not limited to all trademarks, brands, text, images, product reviews, video and audio, and the arrangement, selection and presentation thereof, are the property of Dala Rose , its subsidiaries or its licensors and are protected by patent, copyright and other intellectual property laws of the United States and other countries.

These Terms of Use authorize you to use the services solely for your personal, non-commercial purposes. You may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the materials available on the services without our prior written permission.

Unless expressly stated otherwise in these terms, nothing in these terms grants a license or right under patents, trademarks, copyrights, or other intellectual property rights of Dala Rose , Shopify, or any third party, nor shall it be construed as such.

Unauthorized use of the Services may constitute a violation of intellectual property law. All rights not expressly granted in these Terms are reserved to Dala Rose.

The names, logos, product and service names, designs, and slogans of Dala Rose are trademarks of Dala Rose , its subsidiaries, or its licensors. You may not use them without the prior written permission of Dala Rose.

The name Shopify, the Shopify logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

As part of the services, we may provide access to tools offered by third parties. We do not supervise these tools and have no control over their operation.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, conditions, or endorsements of any kind. We shall in no way be liable for damages arising from your use of optional third-party tools.

The use of such tools is entirely at your own risk and discretion. Before using them, you must read and accept the terms and conditions of the relevant provider.

We may also add new features to the Services in the future, including new tools and aids. Such features are considered part of the Services and are subject to these Terms.

SECTION 8 – LINKS TO THIRD-PARTY SITES

The Services may contain material and hyperlinks to websites operated or provided by third parties, including embedded third-party functionality. We are not responsible for investigating or assessing the content, accuracy, or reliability of such material and such websites. If you decide to leave our Services and visit a third-party website, you do so entirely at your own risk.

We are not liable for damages arising from your use of third-party websites or from the purchase or use of products, services, resources, or content offered by such third-party websites.

Before entering into a transaction with a third party, we advise you to carefully read that party's terms, policies, and rules. Complaints, claims, questions, or comments regarding products and services offered by third parties should be directed directly to the relevant third party.

SECTION 9 – SHOPIFY REPORT

[NOTE FOR THE SELLER: This section describes the relationship between Shopify and your store and must not be removed or modified.]

Dala Rose uses Shopify, which enables us to offer our services. However, all purchases and sales you make in our online store take place directly between you and Dala Rose.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Dala Rose, including injury, damage, or losses arising from purchased products or services.

You hereby expressly indemnify Shopify and its affiliates against all claims, damages, and liabilities arising from or related to your purchases and transactions with Dala Rose.

SECTION 10 – PRIVACY POLICY

All personal data that we collect via the Services is subject to our Privacy Policy, which can be found at Privacy Policy . Some personal data may also be subject to Shopify's Privacy Policy, which you can find here .

By using the Services, you confirm that you have read this privacy policy.

Because the services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the services to provide and improve the services. Information that you provide through the services may be transferred to Shopify and shared with third parties, who may be located in countries other than your country of residence, in order to provide the services.

For more information about how we, Shopify, and our partners use personal data, please consult our privacy policy: Privacy Policy .

SECTION 11 – OPINIONS AND COMMENTS

If you upload, post, email, send, or otherwise submit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively "Feedback"), you grant us a non-exclusive, irrevocable, perpetual, worldwide, transferable, royalty-free, and sublicensable license to use, copy, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes.

We may use these rights, inter alia, to operate, offer, evaluate, develop, improve and promote the Services, and to exercise our rights and obligations under these Terms.

You also declare and guarantee that:

(i) you are the owner of the reviews or possess all rights necessary to provide them;
(ii) you have disclosed all fees or benefits received in connection with providing the reviews;
(iii) your reviews comply with the provisions of these terms.

We are not obliged to:

keep the advice confidential;
payment of a fee for the advice provided;
in response to submitted advice.

We reserve the right, but are not obligated, to monitor, edit, or remove reviews that, in our judgment, are unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringe upon intellectual property rights or these Terms of Use.

You agree that the feedback you provide will not infringe upon the rights of third parties, including copyrights, trademarks, privacy rights, personality rights, or other proprietary or personal rights.

You further agree that the reviews will not contain any defamatory, unlawful, offensive, or obscene content, and will not contain any computer virus or other malware that could harm the operation of the services or a related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of feedback.

You are solely responsible for the content and accuracy of all reviews you submit. We are not responsible for reviews posted by you or third parties.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

The information on the Services may contain typographical errors, inaccuracies, or omissions regarding, but not limited to, product descriptions, prices, promotions, offers, shipping costs, delivery times, or product availability.

We reserve the right to correct any errors, inaccuracies, or omissions, change or update information, or cancel orders if the provided information proves to be incorrect. We may implement such changes at any time and without prior notice, even after you have placed your order.

SECTION 13 – PROHIBITED USE

You may only use the Services for purposes consistent with applicable law. You are prohibited from using the Services, directly or indirectly, for:

(a) for any unlawful or malicious purpose;

(b) in violation of any international, national, provincial or local law, regulation, rule or ordinance;

(d) with the intent to harass, abuse, insult, intimidate, slander, revile or harm any of our employees or any other person;

(e) by providing false or misleading information;

(f) by sending, receiving, downloading, using or reusing material that does not comply with these General Terms and Conditions;

(g) by sending or having sent advertising or promotional material, including unsolicited mail, chain letters, spam or similar messages;

(h) by impersonating another person or entity, or by attempting to impersonate another person or entity;

(i) by taking any action that restricts or impedes others in the use or enjoyment of the Services, or that, in our judgment, may cause damage to or hold Dala Rose , Shopify, or users of the Services liable.

Furthermore, you agree that you will not do the following:

(a) sending or distributing computer viruses or other harmful software that may disrupt the operation of the Services;

(b) copy, reproduce, sell, resell or otherwise exploit any part of the Services;

(d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping;

(e) violate or circumvent the security features of the Services, a related website, another website or the internet.

We reserve the right to suspend, block, or delete your account at any time and without prior notice if we believe that you have violated any of the provisions of these Terms of Use.

SECTION 14 – TERMINATION

We may terminate this Agreement or your access to the Services (in whole or in part) at any time, at our sole discretion and without prior notice. This does not release you from your obligation to pay all amounts due up to and including the date of termination.

The provisions regarding: Intellectual Property, Feedback and Comments, Termination, Limitation of Warranty, Limitation of Liability, Indemnification, Severability, Waiver of Rights, Entire Agreement, Assignment, Applicable Law, Privacy Policy and all other provisions which by their nature must survive termination, shall survive termination.

SECTION 15 – WARRANTY STATEMENT

The information on the Services is intended solely for informational purposes. We do not guarantee its accuracy, completeness, or suitability for any specific purpose. Use of this information is entirely at your own risk.

We are not liable for damage or losses arising from reliance on such information by you, other users, or anyone else who gains access to it.

Unless Dala Rose expressly states otherwise, the Services and all products offered through the Services are provided "as is" and "as available", without any express or implied representations, warranties, or conditions of any kind, including but not limited to merchantability, commercial quality, fitness for a particular purpose, durability, title, and non-infringement of third-party rights.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

In some jurisdictions, it is not permitted to exclude certain implied warranties, as a result of which the above exclusions may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

To the extent permitted by law, Dala Rose, our partners, officers, directors, employees, affiliates, agents, contractors, service providers, and licensors, as well as Shopify and its affiliates, shall not be liable for injury, loss, claims, or direct, indirect, incidental, punitive, special, or consequential damages, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, costs of replacement products, or other similar damages, regardless of whether based on contract, tort (including negligence), strict liability, or any other legal basis.

This applies to all claims arising from your use of the Services or products purchased through the Services, as well as all other claims relating to your use of the Services or products, including, but not limited to, any errors or omissions in the content or any loss or damage suffered as a result of your use of the Services or any content (or products) made available through the Services, even if we have been notified of the possibility of such damage.

SECTION 17 - COMPENSATION

You agree to indemnify, defend, and hold harmless [insert store name], Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from all losses, damages, liabilities, or claims, including reasonable attorneys' fees, owed to any third party due to or arising out of (1) your breach of these Terms of Service or the documents referenced herein, (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 eligible for compensation, provided that failure to notify us in a timely manner does not release you from your obligations, unless you suffer material disadvantage as a result. We may handle the defense and settlement of such a claim at your expense, including the choice of your counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which may not be unreasonably withheld). You will cooperate in the defense of claims eligible for compensation, including by providing relevant documents.

SECTION 18 - SEPARABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nevertheless remain enforceable to the 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 the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The fact that we do not exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and all policies or operational regulations published by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, previous versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be interpreted to the detriment of the drafting party.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 - APPLICABLE LAW

These Terms of Service and any separate agreements under which we provide services to you shall be governed by and construed in accordance with the federal, state, or territorial courts in the jurisdiction where [insert store name] is located. You and [insert store name] consent to the jurisdiction and personal competence of such courts.

SECTION 22 - HEADS

The headings used in this agreement are for facilitation only and shall not limit or otherwise affect these terms.

SECTION 23 - CHANGES TO THE TERMS OF USE

You can view the most recent version of the Terms of Service on this page at any time.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check our website for changes. We will notify you of any significant changes to these Terms in accordance with applicable law, and such changes will become effective on the date stated in the notice. Your continued use of or access to the Services after the posting of changes to these Terms of Service constitutes acceptance of those changes.