Terms of service
OVERVIEW
Welcome to Surya Designs (CommV)! The terms 'we', 'us', and 'our' refer to Surya Designs (CommV). Surya Designs (CommV) 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'). Surya Designs (CommV) is powered by Shopify to enable us to provide the Services to you.
The following general terms and conditions, including all policies referenced herein (the 'Terms of Service' or 'Terms'), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as disclaimers and limitations 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 the Privacy Policy, access to and use of our Services is not permitted.
ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you declare that you are of legal age according to the laws of the state or province where you reside and that you have given us permission to allow any minor family members to use the Services on devices you own, purchase, or manage.
To use the Services, including visiting or browsing our webshops or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You alone are responsible for maintaining the security of your account login details and for all activities in your account. You may not transfer, sell, assign, or license your account to anyone else.
ARTICLE 2 - OUR PRODUCTS
We strive to provide the most accurate description possible of our products and services in our webshops. However, please note that the colors and appearance of the product may differ from how they are displayed on your screen. This is related to the type of device you use to access the store and the settings and configuration of the device.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our webshop.
All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue the sale of a product at any time and may limit the quantities of products we offer per person, geographic region, or jurisdiction on a case-by-case basis.
ARTICLE 3 - ORDERS
When you place an order, you make an offer to purchase. Surya Designs (CommV) reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only accepted after Surya Designs (CommV) has confirmed it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it. Surya Designs (CommV) may not honor a cancellation request after your order has been accepted. In the event we do not accept, modify, or cancel an order, we will try to notify you by contacting the email address, billing address, and/or phone number you provided during the ordering process.
You may only return or exchange purchases in accordance with our refund policy [LINK].
You represent and warrant that your purchases are intended for personal use or use within your household and not for commercial resale or export.
ARTICLE 4 - PRICES AND BILLING
Prices, discounts, and promotions may be changed without prior notice. The price charged for a product or service is the price applicable at the time you place the order. This price is stated in the confirmation email you receive after your order. Unless explicitly stated otherwise, the listed prices exclude taxes, shipping costs, handling fees, customs duties, and import taxes.
The prices displayed in our webshops may differ from the prices in physical stores, or in webshops or other stores managed by third parties. We may from time to time offer promotions for the Services that may affect pricing and are subject to terms and conditions separate from these Terms. In case of discrepancy between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases you make in our stores. You agree to update your account and other information, including your email address, credit card numbers, and credit card expiration dates, immediately upon any changes so that we can process your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is accurate, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges are approved by the credit card company; and (iv) you will pay the charges you incur according to the displayed prices, including shipping, handling fees, and all applicable taxes, if any.
ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we have handed the products over to the carrier, ownership and risk of loss have transferred to you.
ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, texts, displays, images, graphic elements, product reviews, video and audio, and their design, selection, and arrangement, are the property of Surya Designs (CommV), its affiliates or licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.
These Terms allow you to use the Services solely for personal, non-commercial purposes. It is not permitted to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent. Except as expressly stated in these Terms, nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of Surya Designs (CommV), Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved by Surya Designs (CommV).
The names, logos, product names, service names, design elements, and slogans of Surya Designs (CommV) are trademarks of Surya Designs (CommV) or its affiliates or licensors. You may not use such trademarks without prior written permission from Surya Designs (CommV). The name, logo, product names, service names, design elements, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.
ARTICLE 7 - OPTIONAL TOOLS
You may be able to access customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control over or influence on them.
You acknowledge and agree that we provide access to such tools as is and based on availability, without any warranties, representations, or conditions of any kind and without any endorsement. We are in no way liable for damages arising from or related to your use of optional tools from external parties.
You use optional tools offered through the site entirely at your own risk and discretion. You must ensure that you are aware of and agree to the terms under which the tools are provided by the relevant external party(ies).
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features are also considered part of the Services and are subject to these Service Terms.
ARTICLE 8 - LINKS TO EXTERNAL PARTIES
The Services may contain materials and hyperlinks to websites offered or managed by external parties (including any embedded functionality from external parties). We are not responsible for investigating or evaluating the content or accuracy of materials or websites of external parties you wish to access. If you decide to leave the Services to access such materials or external party sites, you do so at your own risk.
We are not liable for any damage or adverse consequences related to your visit to websites of external parties, or your purchase or use of products, services, resources, or content on websites of external parties. Please read the policy and practices of the external party carefully and ensure you understand them before entering into a transaction. For complaints, claims, concerns, or questions about products and services of external parties, you must contact the relevant external party directly.
ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
Surya Designs (CommV) uses Shopify so that we can provide you with the Services. However, all sales and purchases you make in our store are handled directly with Surya Designs (CommV). By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Surya Designs (CommV), including injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with Surya Designs (CommV).
ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read the applicable Privacy Policy.
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 to you. Information you submit to the Services is forwarded to and shared with Shopify, as well as with third parties who may be located in countries other than where you live, so they can provide you with services. Please read our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.
ARTICLE 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may use our rights under this license, for example, to operate, deliver, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Service Terms.
You further represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed all compensations or incentives you have received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated now or in the future to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, at our sole discretion, review, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene, or otherwise unacceptable, or that violates the intellectual property rights of a party or these Terms of Service, but we are not obligated to do so.
You agree that your Feedback does not infringe on the rights of third parties, including copyrights, trademarks, privacy rights, personality rights, and other personal or property rights. You further agree that your Feedback does not contain defamatory or otherwise unlawful, offensive, or obscene expressions, nor computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate someone else, or mislead us or third parties in any other way regarding the origin of the Feedback. You are solely responsible for the Feedback you submit and its accuracy. We are not responsible and accept no liability for Feedback posted by you or a third party.
ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
It may occasionally happen that information provided in or related to the Services contains typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, prices, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information. We may also cancel orders if relevant information is incorrect, at any time and without prior notice (even after you have placed an order).
ARTICLE 13 - PROHIBITED USE
You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services (a) for unlawful or harmful activities; (b) to violate international, national, federal, or provincial laws, regulations, provisions, or local ordinances; (c) to infringe on our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, belittle, or intimidate our employees or others; (e) to send false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to send or facilitate the sending of advertising or promotional material, including junk mail, chain letters, spam, and other similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to otherwise engage in activities that restrict or inhibit others' use of the Services, or that, as determined by us, may be harmful to Surya Designs (CommV), Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or other types of harmful code that in any way affect or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track personal information of others; (d) use spam, phishing, pharm, pretext, spider, crawl, or scrape; and (e) disrupt or circumvent the security features of the Services, related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine that you have violated any provisions of these Terms.
ARTICLE 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time and at our sole discretion without prior notice. You remain liable for all amounts due up to the date of termination.
The following provisions shall remain in effect even after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions which by their nature must survive termination.
ARTIKEL 15 - AFWIJZING VAN GARANTIES
The information provided about or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed
UNLESS EXPRESSLY STATED BY Surya Designs (CommV), THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, 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. IN SOME JURISDICTIONS, THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED. THE ABOVE EXCLUSION MAY THEREFORE NOT APPLY TO YOU.
ARTICLE 16 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, Surya Designs (CommV), OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR INJURY, LOSS, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, CRIMINAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, MISSED SAVINGS, DATA LOSS, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACTUAL PROVISIONS, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR A PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ERRORS OR OMISSIONS IN THE CONTENT, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR CONTENT THAT (OR A PRODUCT THAT) IS POSTED, SENT OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE.
ARTICLE 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Surya Designs (CommV), Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against all costs related to losses, damages, liabilities, or claims, including reasonable legal fees, payable to a third party arising out of or resulting from (1) your breach of these Terms of Service or documents incorporated herein by reference; (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 in the event of a claim that entitles indemnification, provided that failure to give timely notice does not relieve you of your obligations unless you are materially prejudiced as a result. We may manage the defense and settlement of such a claim at your expense, including the engagement of an attorney, but we will not settle claims requiring non-monetary obligations from you without your consent (which you may not unreasonably withhold). You are required to cooperate in the defense of claims entitling indemnification, including by providing relevant documents.
ARTICLE 18 - SEVERABILITY
If any provision of these Terms of Service is declared unlawful, void, or unenforceable, the provision shall nevertheless remain enforceable to the extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of the remaining provisions.
ARTICLE 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision related to these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and all policies or business rules posted by us on this site or related to the Service constitute the entire agreement and arrangements between you and us, and govern your use of the Service. These Terms replace all prior or contemporaneous agreements, communications, and proposals, oral or written, between you and us (including, but not limited to, previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafter.
ARTICLE 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
ARTICLE 21 - APPLICABLE LAW
These Terms of Service and all individual agreements under which we provide you our Services are subject to and interpreted in accordance with the federal and state-specific or provincial courts in the jurisdiction where Surya Designs (CommV) has its headquarters. You and Surya Designs (CommV) agree to the jurisdiction and personal jurisdiction of the respective court.
ARTICLE 22 - HEADINGS
The headings used in this agreement are for informational purposes only and do not limit or affect these Terms in any way.
ARTICLE 23 - CHANGES TO THE TERMS OF SERVICE
On this page, you can consult the most recent version of the Terms of Service at any time.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service. Updates and changes will be posted on our website. It is your own responsibility to regularly check our website for any changes. We will send you a notice of material changes to these Terms in accordance with applicable law. Such changes take effect on the date specified in the notice. If you continue to access or use the Services after changes to these Terms of Service have been made, it means you accept those changes.
ARTICLE 24 - CONTACT DETAILS
Questions about the Terms of Service should be directed to us via info@suryadesigns.be.
You can find our contact details below:
info@suryadesigns.be
Karel De Bondtlaan Ghent
+32487023837
BE0797912003