Terms of service
OVERVIEW
Welcome to BreathersBliss! “We”, “us” and “our” refer to BreathersBliss. BreathersBliss operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalised shopping experience (the “Services”). BreathersBliss is powered by Shopify, which enables us to provide the Services.
These Terms of Service, together with the related policies (the “Terms”), describe your rights and responsibilities when using the Services. Please read them carefully: they contain important information about your legal rights, including disclaimers and limitations of liability.
By visiting, interacting with or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use or access the Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms, you represent that you are at least the age of majority in your state or province of residence, and you consent to any minor dependants using the Services on devices you own, purchase or manage.
To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide information such as your email address and billing, payment and shipping details. You represent and warrant that the information you provide is accurate, current and complete and that you have all necessary rights to provide it.
You are solely responsible for safeguarding your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to another person.
SECTION 2 – OUR PRODUCTS
We have made every effort to represent our products and services accurately in our online store. However, colours and appearance may differ from what appears on your screen because of your device and its settings and configuration.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or be the same as described or displayed in our online store.
All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities offered to any person, geographical region or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. BreathersBliss reserves the right to accept or reject your order for any reason, at its discretion. Your order is not accepted until BreathersBliss confirms acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after acceptance. If we do not accept, change or cancel an order, we will try to notify you using the email address, billing address and/or telephone number supplied with the order.
Purchases may be returned or exchanged only in accordance with our Refund Policy. Purchases are intended for personal use, except for business orders placed through our reseller offering.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions may change without notice. The price charged will be the price in effect when you place your order and shown in your order confirmation email. Displayed prices are in euros, inclusive of all taxes. Any shipping charges are shown before payment, in accordance with our shipping policy. Destination-specific customs duties or import taxes are specified where applicable.
Online prices may differ from prices in physical stores or stores operated by third parties. We may offer promotions governed by separate terms. If promotional terms conflict with these Terms, the promotional terms prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases, and to promptly update your account and other details, including your email address, credit card numbers and expiry dates, so we can complete transactions and contact you when needed.
You represent and warrant that (i) the credit card information you provide is true, correct and complete; (ii) you are authorised to use that card for the purchase; (iii) your card issuer will honour the charges you incur; and (iv) you will pay the charges at the displayed prices, including shipping and handling and all applicable taxes, where relevant.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times and charges are set out in our Shipping Policy. In the event of delay, loss or damage, contact support@breathersbliss.com. For consumer sales, the risk of loss or damage transfers when the consumer takes physical possession of the goods, subject to the legal exception for a carrier independently chosen by the customer. Consumers’ statutory rights remain applicable.
SECTION 6 – INTELLECTUAL PROPERTY
The Services, including all trademarks, trade names, text, displays, images, graphics, product reviews, video and audio, and their design, selection and arrangement, belong to BreathersBliss, its affiliates or licensors and are protected by US and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly stated, these Terms do not grant any licence or other rights under any patent, trademark, copyright or other intellectual property of BreathersBliss, Shopify or a third party. Unauthorised use may violate federal and national intellectual property laws. All rights not expressly granted are reserved to BreathersBliss.
BreathersBliss names, logos, product and service names, designs and slogans are trademarks of BreathersBliss, its affiliates or licensors. You must not use them without prior written consent. Shopify’s name, logo, product and service names, designs and slogans are Shopify trademarks. All other such marks on the Services belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
The Services may give you access to third-party customer tools which we do not monitor and over which we have no control or input.
You acknowledge that we provide access to those tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We disclaim liability arising from or relating to your use of optional third-party tools.
You use optional tools entirely at your own risk and discretion and must ensure that you understand and approve the terms on which the relevant third-party provider supplies them.
New features, tools or resources we may offer in future will also form part of the Services and be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including integrated third-party features. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access them, you do so at your own risk.
We are not responsible for harm or damage associated with accessing third-party websites or purchasing or using their products, services, resources or content. Review their policies and practices carefully and ensure you understand them before entering into a transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to that third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
BreathersBliss is powered by Shopify, which enables us to provide the Services. However, purchases in our store are made directly with BreathersBliss. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and BreathersBliss, including injury, damage or loss arising from purchased products and services. You expressly release Shopify and its affiliates from claims, damages and liabilities arising from or relating to your purchases and transactions with BreathersBliss.
SECTION 10 – PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these policies.
As the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use to provide and improve the Services. Information you submit will be transmitted to and shared with Shopify and third parties, which may be located outside your country of residence, to provide services to you. See our Privacy Policy for details of how we, Shopify and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, fully royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial purposes. For example, we may use it to operate, provide, evaluate, develop, improve and promote the Services and to fulfil our obligations and exercise our rights under these Terms.
You represent and warrant that (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with it; and (iii) it complies with these Terms. We have no obligation to keep Feedback confidential, pay compensation or respond.
We may, but need not, monitor, edit or remove Feedback which we consider, in our sole discretion, unlawful, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable or in violation of any party’s intellectual property or these Terms.
Your Feedback must not violate third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. It must not contain defamatory, unlawful, abusive or obscene material, computer viruses or other malware affecting the Services or a related website. You must not use a false email address, impersonate another person or mislead us or others about the origin of Feedback. You alone are responsible for your Feedback and its accuracy. We assume no liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Information in the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct errors, inaccuracies or omissions, change or update information, or cancel orders where information is inaccurate, at any time without prior notice, including after you have submitted an order.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not use them directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial, state or local laws, rules, regulations or ordinances; (c) to infringe our intellectual property or that of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure our employees or anyone else; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to send or arrange advertising or promotional material, including junk mail, chain letters, spam or similar solicitations; (h) to impersonate any person or entity; or (i) to engage in conduct that restricts anyone’s use or enjoyment of the Services or which, in our opinion, may harm or expose BreathersBliss, Shopify or users to liability.
You also agree not to: (a) upload or transmit viruses or other malicious code that affects or may affect the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track other people’s personal information; (d) spam, phish, pharm, pretext, crawl, harvest or scrape; or (e) interfere with or circumvent security features of the Services, related websites, other websites or the Internet. We may suspend, disable or terminate your account at any time without notice if we believe you have breached these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to all or part of the Services at our sole discretion, at any time without notice. You remain liable for all amounts due up to and including the termination date.
The following provisions survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision which by its nature should survive.
SECTION 15 – DISCLAIMER OF WARRANTIES
Information presented through the Services is provided for general information only. We do not warrant its accuracy, completeness or usefulness. Reliance on it is strictly at your own risk. We disclaim liability arising from reliance by you, other visitors or anyone informed of that content.
EXCEPT AS EXPRESSLY STATED BY BREATHERSBLISS, THE SERVICES AND PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE USE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, BREATHERSBLISS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND THOSE OF SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGE OF ANY KIND. THIS INCLUDES LOST PROFITS, REVENUE, SAVINGS OR DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THEM, OR ANY CLAIM RELATING TO YOUR USE OF THE SERVICES OR A PRODUCT. THIS INCLUDES ERRORS OR OMISSIONS IN CONTENT, OR LOSS OR DAMAGE RESULTING FROM USING THE SERVICES OR CONTENT OR PRODUCTS POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THEM, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless BreathersBliss, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against losses, damages, liabilities or claims, including reasonable lawyers’ fees payable to a third party, arising from (1) your breach of these Terms or incorporated documents; (2) your violation of law or third-party rights; or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim. Failure to notify promptly does not release your obligations unless it materially prejudices you. We may control the defence and settlement at your expense, including choosing counsel, but will not settle a claim imposing non-monetary obligations on you without your consent, which must not be unreasonably withheld. You will cooperate in the defence, including providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision is found unlawful, void or unenforceable, it will still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision does not waive it.
These Terms and any policies or operating rules we publish on this website or concerning the Services constitute the entire agreement between you and us and govern your use, replacing prior or contemporaneous agreements, communications and proposals, oral or written, including earlier versions of these Terms.
Any ambiguity in interpreting these Terms must not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer or assign this agreement or any rights or obligations without our prior written consent. Any attempt is void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 21 – GOVERNING LAW
French law applies without depriving consumers of applicable mandatory protective provisions of their country of residence. Disputes fall within the jurisdiction of the competent courts under applicable legal rules.
SECTION 22 – HEADINGS
Headings are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You can review the latest version on this page at any time.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting changes on our website. You are responsible for checking regularly for changes. We will notify you of material changes as required by applicable law, and they will take effect on the date stated in the notice. Continued use of or access to the Services after changes are posted constitutes acceptance.
SECTION 24 – CONTACT DETAILS
Questions about these Terms should be sent to support@breathersbliss.com.
BREATHERSBLISS
support@breathersbliss.com