Terms of service

GENERAL INFORMATION
Welcome to Modavia Lifestyle! The terms “we”, “us” and “our” refer to Modavia Lifestyle. Modavia Lifestyle operates this store and website, including all related information, content, features, tools, products and services to offer you, the customer, a select shopping experience (the “Services”). Modavia Lifestyle is Shopify Technology, which allows us to offer you the Services.
The following 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 as they include important information about your legal rights and cover areas such as warranty, disclaimer and limitation of liability.
By visiting, 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 or Privacy Policy, you must 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 legal 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 on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of
products or services 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 in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and all account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to ensure that our products and services are accurately displayed in our online store. However, please note that the colors or appearance of the product may differ from how they appear on your screen due to the type of device you use to access the store and your device settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be the same as shown or presented in our online stores.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any product that we offer to any person, geographic region or jurisdiction, on an individual basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Modavia Lifestyle reserves the right to accept or reject your order for any reason, in its sole discretion. Your order will not be accepted until Modavia Lifestyle confirms that it accepts it. We must receive and process your payment before we accept your order. You should review your orders carefully before purchasing, as Modavia Lifestyle may not be able to handle cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting you using the email, billing address, or phone number provided to us at the time the order was made.
You may return or exchange your purchase only in accordance with our refund policy [LINK].
You represent and warrant that your purchase is for your personal or household use 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 indicated in the order confirmation sent to you by email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs or import charges.
The prices published in our online stores may be different from the prices offered in the physical store or in the online store or other stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect pricing strategies and are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transaction 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 authorized to use such credit card for the purchase, (iii) any charges you incur will be accepted by your credit card company, and (iv) you will pay the charges incurred at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for any delay in shipping and delivery. All delivery times are estimates only and are not guaranteed. We will not be responsible for delays caused by the shipping company, customs procedures or events beyond our control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, videos and audio, and the design, selection and arrangement thereof, are the property of Modavia Lifestyle, its affiliate or licensor and are protected by US and foreign patents, copyrights and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or other rights to you under any patent, trademark, copyright or other intellectual property of Modavia Lifestyle, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Modavia Lifestyle.
The names, logos, product and service names, designs and slogans of Modavia Lifestyle are registered trademarks of Modavia Lifestyle or its affiliate or licensor. You must not use such trademark without the prior written permission of Modavia Lifestyle. The Shopify 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
You may be provided with access to client tools offered by third parties as part of the Services, over which we neither monitor nor have any control nor 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 site 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 features through the Services (including, the release of new tools and resources). These new features will also be considered part of the Services and will 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 functionality embedded by third parties). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We will not be liable for any harm or damages related to your access to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO ENTREPRENEUR: This section accurately characterizes Shopify's relationship with your store and should not be deleted or modified.]
Modavia Lifestyle operates with Shopify technology, which allows us to offer you the Services. However, any sale or purchase you make in our store is made directly with Modavia Lifestyle. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Modavia Lifestyle, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages and liability arising from or related to your purchase and transaction with Modavia Lifestyle.

SECTION 10 - Privacy Policy
All personal information we collect through the Services is the subject of our Privacy Policy, which can be found here [LINK], and certain personal information may be the subject of Shopify's Privacy Policy, which can be found here. By using the Services, you acknowledge 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 offer you and improve our Services. The information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties who may be located in a country other than where you reside, for the purpose of providing the services to you. Please review our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.

SECTION 11 - COMMENTS
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively called “comment”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such comment in any media for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, optimize and promote the Services and to perform our obligations and exercise our rights in accordance with the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Comments; (ii) you have disclosed any compensation or incentive received in connection with your submission of your comment; and (iii) that your comment complies with these Terms. We are and shall be under no obligation (1) to maintain the confidentiality of your comment; (2) to pay compensation for your comment; or (3) to respond to your comment.
We may, but have no obligation to, monitor, edit or remove comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party's intellectual property or these Terms of Service.
You agree that your comment will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comment will not contain defamatory or otherwise unlawful, abusive or obscene comments, 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, 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 their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing strategies, 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 placed your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to violate any international, federal, provincial or state regulation, rule, law, or local ordinance; (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, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) 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 Modavia Lifestyle, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) recoger o hacer seguimiento de la información personal de otros; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraper, data gathering and extraction tools, automated devices or processes, artificial intelligence tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, bypass or circumvent security or authorization features, robot exclusion headers or other measures we employ to restrict access to the Services. We reserve the right to suspend, deactivate or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable or cause the deployment of an Agent to access, use or interact with any Service. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and that may be executed on behalf of or using the person's device, without direct supervision.
14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements of section 14.4 below. Additionally, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.
14.3 We may limit, including by applying technical measures, the access, use and interaction of any Agent with the Services and how it does so.
14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request comes from an Agent and disclose the name of the Agent by including the following in the user-agent field string of the request: "Agent/[agent name]"; (ii) not conceal or create confusion that any access, use or interaction comes from an Agent, such as (a) imitating human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from that of humans, (iii) truthfully answer any question or instruction seeking to determine whether the interactions come from a human or a computer, (iv) not circumvent or otherwise circumvent any measures intended to block, limit, modify or control whether Agents access, use or interact with the Services and how they do so.

SECTION 15 - TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at our sole discretion 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 continue to apply after any termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Disagreement, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions which by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general informational purposes only. We do not guarantee 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 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 any of its Content.
UNLESS EXPRESSLY STATED BY [ENTREPRENEUR], THE SERVICES AND ALL PRODUCTS OFFERED 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 ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [ENTREPRENEUR], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATE, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COST OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, 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 THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF ITS POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Modavia Lifestyle, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access and use of the Services.
We will notify you of any compensable claim, provided that failure to notify you promptly will not relieve you of your obligations unless you suffer material damage. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which will not be unreasonably withheld). It will cooperate in the defense of compensation claims, including providing relevant documents.

SECTION 19 - DISCREPANCY
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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – WAIVER; THE ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts located in the jurisdiction where Modavia Lifestyle is headquartered. You and Modavia Lifestyle agree to the personal jurisdiction and venue of such courts.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the 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 of Service by posting the update and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with 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 of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to modavialifestyle@gmail.com.
Below is our contact information:
[INSERT BUSINESS NAME]
modavialifestyle@gmail.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT TRADE REGISTRATION NUMBER]
[INSERT VAT NUMBER]