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Terms of service

OVERVIEW

Welcome to SIMA!

The terms “we”, “us” and “our” refer to SIMA. SIMA operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”).

SIMA is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty 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.

Privacy Policy:
https://simajewelry.com/policies/privacy-policy

If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide through our store is correct, current, and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account.

You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate representations of our products and services through our online store.

However, colors, finishes, gemstones, jewelry appearance, proportions, and other visual characteristics may appear differently depending on the device, screen, display settings, lighting conditions, photography, and other factors.

We do not guarantee that the appearance of any product viewed on your screen will exactly match the physical product.

All product descriptions, specifications, prices, and availability are subject to change at any time without notice at our discretion.

We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase products from SIMA.

SIMA reserves the right to accept or decline your order for any reason at its discretion.

Your order is not accepted until SIMA confirms acceptance and applicable payment has been successfully received and processed.

Please review your order carefully before submitting it.

Once an order has been accepted or entered processing, production, customization, or shipping, SIMA may be unable to accommodate cancellation or modification requests.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, and/or phone number provided when the order was placed.

Returns, exchanges, and refunds are governed exclusively by our Refund Policy:

Refund Policy:
https://simajewelry.com/policies/refund-policy

You represent and warrant that purchases made through the Services are for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, promotions, and product availability are subject to change without notice.

The price charged for a product or service will generally be the price displayed at the time the order is placed and will be shown in the applicable order confirmation.

Unless otherwise expressly stated, listed prices may not include applicable taxes, shipping charges, handling charges, customs duties, import taxes, or other governmental charges.

Prices displayed on our online store may differ from prices available through other sales channels or third-party marketplaces.

From time to time, SIMA may offer promotions or discounts governed by additional terms and conditions.

If promotional terms conflict with these Terms, the applicable promotional terms will govern for that promotion.

You agree to provide current, complete, and accurate purchase, payment, billing, and account information for all purchases made through the Services.

You agree to promptly update your information so that we can complete transactions and contact you when necessary.

You represent and warrant that:

  1. Payment information you provide is accurate and complete.
  2. You are authorized to use the payment method provided.
  3. Charges incurred through your payment method will be honored by the applicable financial institution.
  4. You will pay all applicable charges, including product prices, shipping charges, taxes, duties, and other charges where applicable.

SECTION 5 - SHIPPING AND DELIVERY

Delivery dates and transit times are estimates unless expressly stated otherwise.

SIMA is not responsible for delays caused by shipping carriers, customs authorities, weather, governmental actions, force majeure events, or other circumstances outside our reasonable control.

Shipping, delivery, title, and risk of loss will be handled in accordance with applicable law and our shipping terms.

Customers are responsible for providing complete and accurate shipping information.

Additional charges or delays caused by incorrect or incomplete information may be the responsibility of the customer.

SECTION 6 - INTELLECTUAL PROPERTY

The Services, including but not limited to our trademarks, brand elements, text, images, graphics, product photography, product descriptions, reviews, video, audio, website design, layout, and other content, are owned by SIMA, our affiliates, licensors, or applicable third parties and are protected by intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

Unless expressly permitted by SIMA, you may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, transmit, sell, or commercially exploit materials from the Services.

Nothing in these Terms grants you any license or ownership rights in intellectual property belonging to SIMA, Shopify, or any third party.

Unauthorized use of the Services may violate copyright, trademark, patent, and other applicable laws.

The SIMA name, logo, product names, designs, slogans, and other brand identifiers are trademarks or intellectual property of SIMA or applicable licensors and may not be used without prior written authorization.

Shopify’s names, logos, products, services, designs, and slogans are trademarks of Shopify or its licensors.

All other names, logos, products, services, designs, and slogans appearing through the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools, features, or services offered by third parties.

We do not necessarily monitor, control, or endorse these third-party tools.

Such tools may be provided “as is” and “as available” without warranties, representations, or conditions of any kind.

Your use of optional third-party tools is at your own risk and discretion.

You should review and understand the applicable third-party terms before using such tools.

We may also introduce new features, tools, or resources through the Services in the future.

Such features will be considered part of the Services and will be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links, materials, integrations, or functionality provided by third parties.

SIMA is not responsible for examining or evaluating the content, accuracy, security, availability, or practices of third-party websites or services.

If you leave the Services to access third-party websites or platforms, you do so at your own risk.

We are not responsible for damages or losses arising from your access to or use of third-party websites, products, services, resources, or content.

Please review applicable third-party policies before entering into transactions with third parties.

Questions or disputes relating to third-party products and services should generally be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

SIMA is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through the SIMA store are transactions directly between you and SIMA.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and SIMA, including any injury, damage, loss, dispute, or claim relating to products purchased from SIMA.

To the extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with SIMA.

这一节我保留了 Shopify 模板本身的逻辑,因为原模板明确注明这一部分用于说明 Shopify 与商店之间的关系。 粘贴的 Markdown (1)

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy:

https://simajewelry.com/policies/privacy-policy

Certain personal information may also be processed by Shopify in accordance with Shopify’s privacy practices.

Shopify Consumer Privacy Policy:

https://www.shopify.com/legal/privacy/app-users

Because the Services are hosted by Shopify, Shopify may collect and process information relating to your access to and use of the Services in order to provide, secure, maintain, and improve Shopify-powered commerce services.

Information submitted through the Services may be transmitted to Shopify and applicable third-party service providers located in countries other than your country of residence.

Please review our Privacy Policy for more information about how SIMA, Shopify, and applicable partners may process personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise provide ideas, suggestions, reviews, feedback, proposals, plans, photographs, comments, or other content (“Feedback”), you grant SIMA a worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for purposes relating to our business and Services, subject to applicable law.

You represent and warrant that:

  • You own or have the necessary rights to submit the Feedback.
  • You have disclosed any compensation or incentives received in connection with the Feedback where required.
  • The Feedback does not violate these Terms or applicable law.

SIMA is not obligated to maintain Feedback in confidence, provide compensation for Feedback, or respond to Feedback unless otherwise required by law or expressly agreed.

We may monitor, edit, restrict, or remove Feedback that we reasonably determine violates these Terms, applicable law, third-party rights, or our platform policies.

You remain responsible for Feedback submitted by you and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, information provided through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, specifications, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update information where appropriate.

Where permitted by law, we may cancel or modify orders affected by material pricing or information errors.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services:

  • For unlawful or malicious purposes.
  • To violate applicable laws or regulations.
  • To infringe the intellectual property or legal rights of SIMA or others.
  • To harass, abuse, threaten, defame, intimidate, or harm another person.
  • To knowingly transmit false or misleading information.
  • To transmit spam, junk mail, chain letters, or unauthorized promotional material.
  • To impersonate another person or organization.
  • To upload malware, viruses, or harmful code.
  • To collect personal information about others without lawful authorization.
  • To circumvent security, authorization, access control, or anti-automation mechanisms.
  • To interfere with the operation or security of the Services.
  • To copy, scrape, extract, reproduce, sell, resell, or exploit the Services in violation of these Terms.

We reserve the right to restrict, suspend, disable, or terminate access where we reasonably determine that these Terms have been violated.

SECTION 14 - AGENTS

This section applies where software agents, automated systems, AI agents, or other autonomous or semi-autonomous services access or interact with the Services.

An “Agent” means software or a service capable of taking autonomous or semi-autonomous action on behalf of or at the instruction of a person or entity.

Agents accessing the Services must identify themselves where required and must not conceal or misrepresent automated access.

Agents must not:

  • Circumvent CAPTCHAs or anti-bot protections.
  • Misrepresent automated activity as human activity.
  • Avoid measures intended to restrict or regulate automated access.
  • Circumvent security or authorization mechanisms.

SIMA may limit, restrict, block, or otherwise technically control Agent access to the Services.

SECTION 15 - TERMINATION

We may terminate or restrict your access to the Services, or any part of the Services, where permitted by law, including where these Terms have been violated.

You remain responsible for amounts owed before termination.

Provisions that by their nature should survive termination will remain in effect, including provisions concerning intellectual property, liability, indemnification, privacy, governing law, and related matters.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information provided through the Services is made available primarily for general informational and commercial purposes.

While SIMA makes reasonable efforts to provide accurate information, we do not guarantee that all information will always be complete, accurate, current, or error-free.

To the fullest extent permitted by applicable law, and except where SIMA expressly provides otherwise, the Services are provided on an “as is” and “as available” basis.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not permit certain warranty exclusions, and therefore some of the foregoing limitations may not apply to you.

Any express warranty offered by SIMA, including our applicable 1-Year Warranty, is governed by the specific terms applicable to that warranty and does not eliminate rights provided to consumers under applicable law.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIMA AND ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS MAY INCLUDE, WHERE PERMITTED BY LAW, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, BUSINESS OPPORTUNITIES, OR SIMILAR LOSSES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless SIMA, Shopify, and their applicable affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, claims, and reasonable legal fees arising from:

  1. Your breach of these Terms.
  2. Your violation of applicable law.
  3. Your violation of the rights of a third party.
  4. Your misuse of the Services.

We will provide reasonable notice of applicable indemnifiable claims where practicable.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law.

Any unenforceable portion will be treated as severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision under these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and operating rules posted by SIMA in connection with the Services, constitute the entire agreement between you and SIMA regarding your use of the Services and supersede prior communications, agreements, proposals, or understandings relating to the same subject matter.

SECTION 21 - ASSIGNMENT

You may not assign, transfer, delegate, or otherwise dispose of your rights or obligations under these Terms without prior written consent from SIMA.

SIMA may assign or transfer its rights and obligations under these Terms where permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which SIMA provides Services will be governed and interpreted in accordance with the laws applicable to the jurisdiction in which the legal entity operating SIMA is established, subject to any mandatory consumer protection laws that apply to you.

Any applicable disputes will be handled in accordance with applicable law and jurisdictional requirements.

这里我没有照模板把总部司法管辖地写死。

因为你原模板写的是“where 我的商店 is headquartered”,但你目前没有在这个对话里确认 SIMA 的正式运营主体和注册地址。原模板确实要求这里对应商店总部司法辖区。 粘贴的 Markdown (1)

SECTION 23 - HEADINGS

Headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You may review the current version of these Terms of Service at any time on this page.

We reserve the right to update, modify, or replace these Terms by publishing revised Terms through the Services.

Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services following the effective date of revised Terms constitutes acceptance of those Terms to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to SIMA using the contact information published on our website.

Brand / Trading Name: SIMA
Website: https://simajewelry.com

Email: [INSERT CONFIRMED BUSINESS EMAIL]
Business Address: [INSERT CONFIRMED BUSINESS ADDRESS]
Business Phone: [INSERT CONFIRMED BUSINESS PHONE NUMBER]
Business Registration Number: [INSERT IF APPLICABLE]
VAT Number: [INSERT IF APPLICABLE]