Terms of service

Welcome to Vogzzy Beauty! 

By accessing or using the website at www.vogzzybeauty.com, you confirm that you have read, understood, and agree to be bound by these Terms of Service (which includes our Privacy Policy and all other referenced policies) and all applicable laws and regulations.

If you do not agree with any of these terms, you are prohibited from using or accessing this site and should not proceed with any purchases.

1. About Our Service

  • Operator: This store and website, including all related information, content, features, tools, products, and services ("The Services"), is operated by Vogzzy Beauty to provide you with a curated shopping experience.

  • Platform: Our Services are powered by Shopify, which enables us to deliver products and features to you.

  • Your Responsibilities: These Terms of Service describe your rights and responsibilities when you use The Services. Please read them carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability.

Intellectual Property

The materials and content contained in this website, including all text, graphics, logos, and images, are the property of Vogzzy Beauty and are protected by applicable copyright and trademark law. You are prohibited from using, copying, or reproducing any of these materials without express written consent.

2. Access and Account Security

Age and Consent

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence. If you are of the age of majority, you consent to allow any of your minor dependents to use our Services on devices you own, purchase, or manage.

Accuracy of Information

To use our Services or purchase products, you will be asked to provide certain information, including your email address, billing, payment, and shipping details.

  • You represent and warrant that all information you provide is correct, current, and complete.

  • You confirm that you have all the rights necessary to provide this information.

Account Security

  • You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account.

  • You may not transfer, sell, assign, or license your account to any other person.

3. Product Accuracy and Availability

Product Representation

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note:

  • Colors and Appearance: The actual color or product appearance may differ from how it appears on your screen due to the type of device you use, as well as your device settings and configuration. We cannot guarantee your device's display will be completely accurate.

  • Expectations: We do not warrant that the appearance or quality of any product purchased by you will meet your exact expectations or be identical to how it was depicted or rendered in our online stores.

Product Changes and Limitations

  • Product Descriptions and Pricing are subject to change at any time without notice, at our sole discretion.

  • We reserve the right to discontinue any product at any time.

  • We may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

4. Orders and Order Acceptance

Placing an Order

When you place an order on our website, you are making an offer to purchase a product. Vogzzy Beauty reserves the right to accept or decline your order for any reason at our sole discretion.

An order is not officially accepted until we have successfully received and processed your payment. Once your payment is confirmed, you will receive an email notifying you of our acceptance.

5. Prices and Billing

Cancellations and Order Changes

  • Review Your Order: Please review your order carefully before submitting it. Once an order has been accepted, we may be unable to accommodate cancellation requests as fulfillment will be underway.

  • Order Changes: If we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed.

Personal Use Only

By placing an order, you confirm that your purchases are for your own personal or household use and not for commercial resale or export.

Pricing and Promotions

  • Final Price: The price charged for any product or service will be the price in effect at the time your order is placed, which will be set out in your order confirmation email.

  • Changes: Prices, discounts, and promotions are subject to change at any time without prior notice.

  • Exclusions: Unless expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

  • Promotional Terms: We may offer special promotions from time to time. These are governed by separate terms and conditions, which will take precedence over these general Terms of Service if there is a conflict.

  • Price Differences: Prices posted in Vogzzy Beauty online stores may differ from prices offered in physical locations or through third-party stores.

Billing and Payment Accuracy

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 payment information (including email address, credit card numbers, and expiration dates) so that we can complete your transactions and contact you as needed.

Your Payment Warranty

By completing a purchase, you represent and warrant that:

  1. The payment information you provide is true, correct, and complete.

  2. You are duly authorized to use the payment method (e.g., credit card) for the purchase.

  3. All charges incurred by you will be honored by your credit card company.

  4. You will pay all charges incurred by you at the posted prices, including shipping, handling, and all applicable taxes, if any.

6. Shipping and Delivery

Delivery Estimates and Liability

Please note that all delivery times are estimates only and are not guaranteed.

  • Vogzzy Beauty is not liable for shipping and delivery delays once the order has been processed and dispatched.

  • We are not responsible for delays caused by shipping carriers, customs processing, or any events outside of our reasonable control.

Risk of Loss

Title and risk of loss for all purchased products pass to you (the customer) once we transfer the products to the designated shipping carrier. This means we are not responsible for packages that are lost or damaged during transit.

7. Intellectual Property Rights

Ownership

Our Services, including all trademarks, brand names, text, images, designs, product reviews, videos, and the overall look and feel of the site, are owned by Vogzzy Beauty, our affiliates, or our licensors. These assets are fully protected by US and foreign copyright, trademark, and other intellectual property laws.

Your Use of Our Services

These Terms permit you to use the Services for your personal, non-commercial use only. You must not:

  • Reproduce, distribute, modify, or create derivative works of any material on the Services.

  • Publicly display, perform, republish, download, store, or transmit any of our content without our prior written consent.

Trademarks and Licensing

  • Vogzzy Beauty names, logos, product names, designs, and slogans are trademarks of Vogzzy Beauty or its licensors. You must not use these trademarks without our prior written permission.

  • The trademarks of our service provider, Shopify, are also protected.

  • All other trademarks on the Services are the property of their respective owners.

Except as expressly provided in these Terms, nothing grants you any license or rights under any patent, trademark, or copyright of Vogzzy Beauty or any third party. All rights not expressly granted are reserved by Vogzzy Beauty. Unauthorized use of our Services or content may violate federal and state intellectual property laws.

8. Optional Tools and Third-Party Services

Third-Party Tools

We may provide you with access to optional third-party tools as part of our Services. We do not monitor, control, or endorse these tools. 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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of these optional tools is entirely at your own risk and discretion. You should ensure you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s).

New Features

Any new features, tools, or resources that we may offer in the future will also be considered part of the Services and are subject to these Terms of Service.

9. Third-Party Links

External Content and Websites

Our Services may contain links and materials that lead to websites or services provided by third parties (including embedded functionality).

  • Vogzzy Beauty is not responsible for examining or evaluating the content or accuracy of any third-party websites you choose to access.

  • If you choose to leave our Services to access these third-party sites, you do so entirely at your own risk.

Liability and Transactions

We are not liable for any harm, damages, or issues related to your access to third-party websites, or your purchase or use of any products, services, or resources found on them.

  • Please review the third party's policies and practices carefully before engaging in any transaction.

  • Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party and not to Vogzzy Beauty.

10. Relationship with Shopify

[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]

Vogzzy Beauty is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Vogzzy Beauty.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Vogzzy Beauty, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Vogzzy Beauty.

11. Privacy Policy

Our Commitment to Privacy

All personal information we collect through our Services is subject to our Privacy Policy.

By using our Services, you acknowledge that you have read and agreed to our Privacy Policy, as well as the Shopify Privacy Policy, which can be viewed here.

Data Collection and Sharing

Because our Services are hosted by Shopify, they collect and process your personal information to provide and improve the Services.

Information you submit to us will be transmitted to and shared with both Shopify and third parties (who may be located in countries other than where you reside) to provide our Services to you.

Please review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

12. Your Content & Feedback

Your Grant of License

If you submit, upload, post, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, or other content ("Your Content"), you grant us a perpetual, worldwide, and royalty-free license to use, reproduce, modify, publish, distribute, and display such content in any medium for any purpose. This includes the right to use Your Content for commercial purposes, such as to operate, enhance, and promote our Services.

Your Responsibilities

By submitting Your Content, you confirm that:

  • You own or have all necessary rights to your content.

  • You have disclosed any incentives you received for submitting Your Content.

  • Your Content will comply with all aspects of these Terms of Service and will not violate any third-party rights.

  • Your Content will not contain any abusive, unlawful, obscene, or malicious material, including viruses or malware.

  • You will not use a false email address or pretend to be someone other than yourself.

Our Rights & Liability

We may, but have no obligation to, monitor, edit, or remove Your Content that we determine to be unlawful, offensive, or in violation of these Terms.

  • We have no obligation to maintain your content in confidence, pay you compensation for it, or respond to it.

  • You are solely responsible for your content and its accuracy.

  • We take no responsibility and assume no liability for any content posted by you or any third party.

13. Errors, Inaccuracies, and Omissions

Our Right to Correct

Occasionally, there may be information on our Services that contains errors, inaccuracies, or omissions, which may relate to product descriptions, pricing, promotions, shipping charges, transit times, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

Order Cancellation Due to Errors

If any information in the Services is found to be inaccurate, we reserve the right to cancel orders (even after you have submitted your order and received a confirmation). We will, of course, attempt to notify you promptly in such cases.

14. Prohibited Uses

You may access and use the Services for lawful purposes only. You are expressly prohibited from using the Services, directly or indirectly, to engage in any of the following activities:

Illegal and Malicious Conduct

  • For any unlawful or malicious purpose.

  • To violate any international, federal, provincial, or state regulations, rules, or laws.

  • To upload, transmit, or introduce viruses or any other type of malicious code that affects the functionality or operation of the Services.

  • To interfere with or circumvent the security features of the Services or any related website.

Harmful and Abusive Conduct

  • To harass, abuse, insult, harm, defame, slander, disparage, or intimidate any of our employees, users, or any other person.

  • To transmit false or misleading information or engage in impersonation.

  • To send any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To collect or track the personal information of others.

Commercial and Unauthorized Use

  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

  • To reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services.

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Vogzzy Beauty, Shopify, or users of the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

15. TERMINATION

Right to Terminate

We may terminate these Terms of Service or suspend your access to the Services (or any part thereof) in our sole discretion at any time without notice.

Liabilities Following Termination

Upon termination, you will remain liable for all amounts due up to and including the date of termination.

Survival of Terms

The following sections will continue to apply even after this agreement is terminated:

  • Intellectual Property

  • Feedback

  • Termination

  • Disclaimer of Warranties

  • Limitation of Liability

  • Indemnification

  • Severability

  • Waiver

  • Entire Agreement

  • Assignment

  • Governing Law

  • Privacy Policy

16. Disclaimer of Warranties

General Information Disclaimer

The information presented on or through our Services is provided solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and 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 these materials by you or any other visitor to the Services.

Product and Service Disclaimer

Except as expressly stated by Vogzzy Beauty, the Services and all products are provided to you "AS IS" and "AS AVAILABLE" for your use, without any warranties or conditions of any kind, either express or implied.

This includes, but is not limited to, implied warranties or conditions of:

  • Merchantability

  • Fitness for a particular purpose

  • Durability

  • Title, and non-infringement

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

Please note: Because some jurisdictions limit or do not allow the disclaimer of implied or other warranties, the above disclaimers may not apply to you.

17. Limitation of Liability

Scope of Limitation

To the fullest extent permitted by law, in no case shall Vogzzy Beauty, our directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, or claim arising from your use of any of the Services or any products procured using the Services.

This limitation of liability applies whether the claim is based on contract, tort (including negligence), strict liability, or otherwise.

Damages Disclaimed

We will not be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation:

  • Lost profits, lost revenue, or lost savings.

  • Loss of data or replacement costs.

  • Any errors or omissions in any content.

  • Any loss or damage incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of the possibility of such damages.

Note: Because some jurisdictions do not allow the exclusion or limitation of liability for certain damages, this limitation may not apply to you.

18. Indemnification

Your Agreement to Protect Us

You agree to indemnify, defend, and hold harmless Vogzzy Beauty, Shopify, and our respective affiliates, partners, directors, officers, employees, and agents from any losses, damages, liabilities, or claims (including reasonable 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.

  3. Your access to and use of the Services.

Defense of Claims

  • We will notify you of any claim that requires your indemnification.

  • We reserve the right to control the defense and settlement of such a claim at your expense, including the choice of legal counsel. However, we will not settle any claim that requires non-monetary obligations from you without your consent (which must not be unreasonably withheld).

  • You agree to fully cooperate in the defense of all indemnified claims, including by providing all relevant documents.

19. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, the following rules apply:

  1. Such provision shall still be enforced to the fullest extent permitted by applicable law.

  2. The unenforceable portion shall be considered severed from these Terms of Service.

  3. This determination shall not affect the validity and enforceability of any other remaining provisions.

20. Waiver; Entire Agreement

Waiver

If we fail to exercise or enforce any right or provision within these Terms of Service, it does not mean we are giving up (waiving) that right or provision in the future.

Entire Agreement

These Terms of Service, along with any policies or operating rules posted by us on the site, constitute the entire agreement and understanding between you and Vogzzy Beauty and govern your use of the Service.

This document supersedes any prior or simultaneous agreements, communications, and proposals between you and us (including any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be automatically construed against the party who drafted them.

21. Assignment

Your Rights

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so will be null and void.

Our Rights

We reserve the right to transfer, assign, or delegate these Terms and our rights and obligations without notice or consent from you.

22. Governing Law and Jurisdiction

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where Vogzzy Beauty is headquartered.

Jurisdiction

You and Vogzzy Beauty consent to the venue and personal jurisdiction of the federal, state, or territorial courts in that same jurisdiction for the purpose of resolving any dispute or claim arising from these Terms.

23. Changes to Terms of Service

Right to Modify

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 updates and changes to our website.

Acceptance of Changes

  • 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 be effective on the date specified in the notice.

  • Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

26. Contact Information

Questions about the Terms of Service should be sent to us at vogzzy@vogzzybeauty.com.

For all other inquiries, you can reach us at the following addresses:

  • General Inquiries: contact@vogzzybeauty.com

  • Order Questions: order@vogzzybeauty.com

  • Collection Scheduling: collection@vogzzybeauty.com

  • Returns: return@vogzzybeauty.com