Terms of service

This website is operated by Sinfully Yours. Throughout the site, the terms "we," "us," and "our" refer to Sinfully Yours. Sinfully Yours offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject 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 to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, 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 this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change without prior notice. We retain the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We are not liable to you or any third-party for any modification, price alteration, suspension, or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services might be exclusively available online through the website. These items may have limited quantities and are subject to return or exchange only according to our Return Policy. Efforts have been made to accurately display the colors and images of our products; however, we cannot guarantee that your computer monitor will accurately reflect such colors. We reserve the right, though not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered. All descriptions of products or product pricing are subject to change at any time without notice and are at the sole discretion of Sinfully Yours. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, nor that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We hold the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If an order change or cancellation occurs, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. Promptly updating your account and other information, including your email address and credit card numbers and expiration dates, is necessary to complete your transactions and for us to contact you as needed.

For more details, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools, over which we have neither monitoring nor control nor input. By acknowledging and using these tools, you agree that they are provided "as is" and "as available," without any warranties, representations, or conditions of any kind and without our endorsement. We hold no liability arising from or relating to your use of optional third-party tools. Your use of any optional tools offered through the site is entirely at your own risk and discretion. You should ensure you're familiar with and approve of the terms provided by the relevant third-party provider(s). Any new services and/or features offered through the website will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service might include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We do not examine or evaluate the content or accuracy of these third-party materials or websites, nor do we warrant or assume 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 responsible 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. Prior to engaging in any transaction, carefully review the third-party's policies and practices to ensure your understanding. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you send specific submissions (e.g., contest entries) at our request or without our request, such as creative ideas, suggestions, proposals, plans, or other materials, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We have no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments. While we may monitor, edit, or remove content that we, in our sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service, we are not obligated to do so. Your comments should not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. They should also not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. Misleading us or third-parties as to the origin of any comments, using a false e-mail address, or pretending to be someone other than yourself while making comments is prohibited. You are solely responsible for the comments you make and their accuracy. We assume no liability for any comments posted by you or any third-party.

SECTION 10 - SMS MARKETING

Sinfully Yours (hereinafter, “We,” “Us,” “Our”) offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in or participating in any of our Programs, you accept and agree to these terms and conditions, including your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is specific to the Program and does not modify other Terms and Conditions or Privacy Policy governing the relationship between you and Us in other contexts.

User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method used to join the Program, you agree that this Agreement applies to your participation in the Program. By participating, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, understanding that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, this does not imply that all Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt-Out: To discontinue participating in the Program or no longer agree to this Agreement, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us to opt out. You may receive an additional mobile message confirming your decision to opt out. You acknowledge that these options are the only reasonable methods of opting out. Any other method, including texting words other than those mentioned or verbally requesting removal from our list, is not considered a reasonable means of opting out.

Duty to Notify and Indemnify: If you intend to stop using the mobile number used to subscribe to the Program, including canceling your service plan or transferring the number to another party, complete the User Opt-Out process before discontinuing. You agree that this agreement is a material part of these terms and conditions. If you discontinue the use of your mobile number without notifying Us, you are responsible for any costs (including attorneys’ fees) and liabilities incurred by Us or any party assisting in delivering the mobile messages due to claims brought by individuals assigned that mobile number later. This duty and agreement survive cancellation or termination of your Program participation.

INDEMNIFICATION: YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN YOUR PROVIDED INFORMATION. THIS INCLUDES ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, ET SEQ., OR SIMILAR STATE AND FEDERAL LAWS, AND RELATED REGULATIONS, ARISING FROM OUR ATTEMPTS TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Users opting into the Program can expect to receive messages regarding the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@sinfullyyours.com. Note that using this email address is not an acceptable method of opting out. Opt-outs must follow the procedures outlined above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered "as-is" and may not be available at all times or in all areas. Changes made by your wireless carrier may affect its functionality. We are not liable for delays or failures in receiving any mobile messages associated with this Program. Delivery of mobile messages depends on effective transmission from your wireless service provider/network operator and is beyond Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device capable of two-way messaging, be using a participating wireless carrier, and be a subscriber with text messaging service. Not all cellular providers offer the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use the Platform if you are under thirteen (13) years of age. If between thirteen (13) and eighteen (18) years old, you must have parental or legal guardian permission. By using the Platform, you confirm that you are of the required age and have the necessary permissions under your jurisdiction’s Applicable Law to use the Platform.

Prohibited Content: You agree not to transmit any prohibited content over the Platform, which includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity.
• Objectionable content such as profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code.
• Any product, service, or promotion that is unlawful where such content is received.
• Content involving personal health information protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act).
• Any other content prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In case of a dispute, claim, or controversy between you and Sinfully Yours, or between you and any third-party service provider acting on Our behalf for mobile message transmission within the Program, the matter will be determined by arbitration in North York, Ontario before one arbitrator.

Both parties agree to submit the dispute to binding arbitration following the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitrator will apply the substantive laws of the Federal Judicial Circuit in which Sinfully Yours’ principal place of business is located. The decision of the arbitrator will be final and binding, with no rights of appeal except as provided in section 10 of the Federal Arbitration Act (“FAA”).

The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent that you have all necessary rights to agree to these Terms and perform your obligations under this Agreement. Neither party's failure to exercise any right provided herein will be deemed a waiver of further rights. If any provision of this Agreement is found to be unenforceable or invalid, it shall be limited or eliminated to the minimum extent necessary for the Agreement to remain in full force and effect. Any updates to this Agreement will be communicated to you, and your continued participation after any changes indicates your acceptance.

GDPR Policy: By using our website, you agree to allow third parties to process your IP address to determine your location for currency conversion. Your selected currency will be stored in a session cookie in your browser to ensure consistent pricing in your local currency while browsing. This temporary cookie gets removed when you close your browser.