Terms of service
OVERVIEW
Welcome to Movos Apparel®! Throughout this website, the terms "we," "us," and "our" refer to Movos Apparel®. Movos Apparel® operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). Movos Apparel® is powered by Shopify, which enables us to provide these Services.
These Terms and Conditions, together with any policies referenced herein (collectively, these "Terms"), describe your rights and responsibilities when using our Services.
Please read these Terms carefully, as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.
By accessing, browsing, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or our Privacy Policy, you may not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you have reached the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor dependents to use the Services on devices owned, purchased, or managed by you.
To use our Services, including accessing or browsing our online store or purchasing products or services, you may be required to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, complete, and that you are authorized to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under 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 display our products and services as accurately as possible in our online store. However, we cannot guarantee that the colors or appearance of products displayed on your device will accurately reflect the actual products, as they may vary depending on your device and its settings.
We do not warrant that the appearance or quality of any products or services purchased will meet your expectations or exactly match the images displayed in our online store.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you make an offer to purchase our products. Movos Apparel® reserves the right to accept or reject any order at its sole discretion and for any reason.
Your order is not considered accepted until it has been confirmed by Movos Apparel®. Acceptance of your order is subject to successful payment authorization and processing.
Please review your order carefully before submitting it, as we may not be able to accommodate cancellation requests once an order has been accepted.
If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided with your order.
Returns and exchanges are governed exclusively by our Return & Refund Policy [LINK].
You represent and warrant that purchases made through our store are intended for your personal or household use only and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotional offers are subject to change without prior notice.
The price charged for a product or service will be the price in effect at the time your order is placed and will be confirmed in your order confirmation email.
Unless otherwise stated, all prices exclude applicable taxes, shipping costs, handling fees, customs duties, and import charges.
Prices displayed in our online store may differ from prices offered in physical stores or by third-party retailers.
From time to time, we may offer promotions that are governed by separate terms. In the event of any conflict between promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You also agree to promptly update your account information, including your email address and payment details, so that we can complete your transactions and contact you when necessary.
You represent and warrant that:
- the payment information you provide is accurate and complete;
- you are authorized to use the payment method provided;
- charges incurred by you will be honored by your payment provider; and
- you will pay all charges incurred at the stated prices, including applicable shipping, handling fees, and taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance procedures, or events beyond our control. Once we have handed over the products to the shipping carrier, ownership and the risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, logos, texts, displays, images, graphics, product reviews, video and audio files, as well as their design, selection, and arrangement, are owned by Movos Apparel®, its affiliates, or licensors and are protected by United States and foreign patent, copyright, trademark, and other intellectual property laws.
These Terms of Service permit you to use the Services solely for personal, non-commercial purposes. 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, no provision of these Terms of Service grants you any license or other rights under any patents, trademarks, copyrights, or other intellectual property rights of Movos Apparel®, Shopify, or any third party, nor may any such rights be implied from these Terms.
Unauthorized use of the Services may violate federal, state, or other applicable intellectual property laws. All rights not expressly granted herein are reserved by Movos Apparel®.
The names, logos, product names, service names, designs, and slogans of Movos Apparel® are trademarks of Movos Apparel® or its affiliates or licensors. You may not use these trademarks without the prior written permission of Movos Apparel®.
The name, logo, product names, service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans appearing on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools as part of the Services that we neither monitor nor control and over which we have no influence.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall 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 embedded third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you access at your own discretion.
If you choose to leave the Services to access such third-party materials or websites, you do so entirely at your own risk.
We are not liable for any damages or losses resulting from your access to third-party websites or from the purchase or use of products, services, resources, or content available on third-party websites.
You should carefully review the policies and procedures of the third party and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Movos Apparel® is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our store are completed directly with Movos Apparel®.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Movos Apparel®, including injuries, damages, or losses arising from purchased products or services.
You expressly release Shopify and its affiliates from any and all liability arising out of or relating to your purchases and transactions with Movos Apparel®.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here.
By using the Services, you confirm that you have read these Privacy Policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.
Information you submit to the Services may be transferred to Shopify and third-party providers that may be located in countries other than your country of residence in order to provide the Services to you.
Please refer to our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, comments, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes.
For example, we may use our rights under this license to operate, provide, evaluate, improve, develop, and promote the Services, fulfill our obligations, and exercise our rights under these Terms of Service.
You also represent and warrant that:
(i) you own all rights to the Feedback or otherwise have all necessary rights to provide it;
(ii) you have disclosed any compensation or incentives you received in connection with submitting your Feedback; and
(iii) your Feedback complies with these Terms of Service.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping costs, delivery 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 and without prior notice, including after you have submitted your order.
We are not obligated to:
(1) keep your Feedback confidential;
(2) pay compensation for your Feedback; or
(3) respond to your Feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, pornographic, inappropriate, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You represent that your Feedback will not violate any third-party rights, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights.
You further represent that your Feedback does not contain defamatory, unlawful, abusive, or obscene material and is free from computer viruses or other malware that could affect the operation of the Services or any related website.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback.
You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes.
You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, state, or local laws, regulations, or ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any employee or another person;
(e) to submit false or misleading information;
(f) to upload, transmit, knowingly receive, or use material that does not comply with these Terms of Service;
(g) to send or cause the sending of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations;
(h) to impersonate another person or entity;
(i) or to engage in any other conduct that restricts or inhibits anyone’s use of the Services, or that may harm Movos Apparel®, Shopify, or users of the Services.
Additionally, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track personal information of others;
(d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping activities;
(e) interfere with or bypass the security features of the Services or any related website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms of Service.
SECTION 14 – 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.
You remain responsible for all amounts due up to and including the termination date.
The following sections shall survive termination of this agreement:
Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information provided through or within the Services is for general informational purposes only.
We do not guarantee that the information is accurate, complete, or useful. Any reliance on such information is entirely at your own risk.
We disclaim all liability and responsibility arising from your reliance on these materials or the reliance of any other visitor to the Services.
UNLESS EXPRESSLY STATED OTHERWISE BY Movos Apparel®, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Some jurisdictions do not allow limitations or exclusions of implied warranties, so the above disclaimer may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Movos Apparel®, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Services or any products obtained through the Services.
This also includes any claim related in any way to your use of the Services or any product, including errors or omissions in content, or any loss or damage resulting from the use of content (or products) posted, transmitted, or otherwise made available through the Services, even if advised of the possibility of such damages.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Movos Apparel®, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable legal fees, payable to any third party arising from:
(1) your breach of these Terms of Service or any documents incorporated 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 indemnifiable claims, provided that failure to promptly notify you shall not relieve you of your obligations unless you are materially prejudiced as a result.
We may control the defense and settlement of such claims at your expense, including selecting legal counsel. However, we will not settle any claim requiring you to undertake non-monetary obligations without your consent, which shall not be unreasonably withheld.
You agree to cooperate in the defense of any claims, including by providing relevant documents and information.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless remain enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19 – WAIVER AND 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 website or relating to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services.
They replace any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including previous versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be interpreted against the party responsible for drafting them.
SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate this agreement or any rights or obligations under these Terms of Service without our prior written consent.
Any attempted assignment or transfer without such consent shall be null and void.
We may assign, transfer, or delegate these Terms and our rights and obligations under them without your consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and interpreted in accordance with the laws of the jurisdiction in which Movos Apparel® has its principal place of business.
You and Movos Apparel® agree to submit to the jurisdiction and personal authority of the courts located in that jurisdiction.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and shall not affect or limit these Terms of Service.
SECTION 23 – CHANGES TO THESE TERMS OF SERVICE
You may 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 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.
Such changes will become effective on the date specified in the notice.
Your continued use of or access to the Services after any changes to these Terms of Service have been posted constitutes your acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
If you have any questions regarding these Terms of Service, please contact us at:
Our contact information is listed below:
Movos Apparel des Pellegrini Daniel
info@movos-apparel.com
Angerweg 27A
39040 Ratschings, BZ
Italy