Terms of service

TERMS OF SERVICE

GENERAL DESCRIPTION
Welcome to HOLMES. The terms "we," "us," and "our" refer to HOLMES. HOLMES operates this store and website, including all information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). HOLMES uses Shopify technology that enables us to provide you with the Services.

These Terms of Service (the "Terms") and all policies referenced herein describe your rights and responsibilities when using the Services.

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

By accessing, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use our Services.

SECTION 1: ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any minors in your care to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing our online stores, browsing them, or purchasing any product or service we offer, you may be asked to provide certain details such as your email address, billing address, payment information, and shipping address. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and all activity on your account. You may not transfer, sell, or assign your account to another person, nor license any rights associated with the account.

SECTION 2: OUR PRODUCTS
We have made every effort to accurately display our products and services on our online stores. However, please note that product colors or appearance may differ depending on the type of device you use and its settings.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or be identical to those shown in our online stores.
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 may limit product quantities offered to any person, geographic region, or jurisdiction.

SECTION 3: ORDERS
When you place an order, you make an offer to purchase. HOLMES reserves the right to accept or reject your order for any reason, at our sole discretion. Your order is not accepted until HOLMES confirms acceptance. We must receive and process your payment for your order to be accepted.
Please review your order carefully before submitting it, as HOLMES 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 via the email, billing address, or phone number you provided.
Your purchases are subject only to returns or exchanges in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are solely for personal or household use and not for resale or export for commercial purposes.

SECTION 4: PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless otherwise stated, prices do not include taxes, shipping, handling, customs, or import fees.
Prices published in our online stores may differ from those offered in physical stores, other online channels, or third-party managed outlets. From time to time, we may offer promotions on the Services that affect pricing and are governed by separate terms. In the event of a conflict, the promotion terms will prevail.
For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account details, such as email address and credit card numbers/expiry dates, so we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card; (iii) your credit card company will honor the charges you incur; and (iv) you will pay all charges at posted prices, including shipping, handling, and applicable taxes.

SECTION 5: SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we deliver products to the carrier, title and risk of loss transfer to you.

SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, samples, images, graphics, product reviews, video, audio, and their design, selection, and arrangement, are owned by HOLMES, its affiliates, or licensors, and protected by applicable copyright and intellectual property laws.
These Terms permit you to use the Services only for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, republish, download, store, or transmit material from the Services without our prior written consent.
Unless expressly stated herein, no provision grants you any license or rights in patents, trademarks, copyrights, or intellectual property of HOLMES, Shopify, or third parties. Unauthorized use may violate intellectual property laws. HOLMES reserves all rights not expressly granted herein.

The names, logos, product and service names, designs, and slogans of HOLMES are trademarks of HOLMES or its licensors. You may not use these trademarks without prior written permission. Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans are the property of their respective owners.

SECTION 7: OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control or input. You acknowledge and agree that such tools are provided "as is" and "as available," without warranties or conditions of any kind. We have no liability arising from your use of optional third-party tools. You assume all risk associated with using such tools.

SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and links to third-party websites. We are not responsible for examining or evaluating the accuracy of such content. Accessing third-party sites is at your own risk. We are not responsible for damages related to your use of third-party products or services. Review third-party policies carefully before engaging in transactions.

SECTION 9: RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes Shopify’s relationship with your store and must not be deleted or modified.]
HOLMES uses Shopify technology to provide the Services. However, any sales and purchases are directly between you and HOLMES. By using the Services, you acknowledge that Shopify is not responsible for any aspect of the sales between you and HOLMES. You expressly release Shopify and its affiliates from any claims, damages, or liabilities arising from your transactions with HOLMES.

SECTION 10: PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy [LINK], and certain data may also be subject to Shopify’s Privacy Policy [LINK]. By using the Services, you acknowledge that you have read these policies.

Because the Services are hosted on Shopify, Shopify collects and processes personal data related to your access and use of the Services. Information you provide may be transmitted to and shared with Shopify and third parties in countries outside your residence. For more details, see our Privacy Policy [LINK].

SECTION 11: COMMENTS
If you send, upload, post, email, or otherwise transmit suggestions, comments, reviews, or other content ("Comments"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments for any purpose, including commercial use.

You represent and warrant that: (i) you have all rights necessary for the Comments; (ii) you disclosed any compensation or incentive received for your Comments; and (iii) your Comments comply with these Terms.

We may, but are not obligated to, monitor, edit, or remove Comments deemed unlawful, offensive, defamatory, obscene, or otherwise objectionable, or that violate intellectual property rights or these Terms.

You agree that your Comments will not violate any rights of third parties, including copyrights, trademarks, privacy, or personal rights. You also agree your Comments will not contain defamatory, illegal, abusive, or obscene content, or malware that could affect the Services.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct such errors and update or cancel orders without prior notice.

SECTION 13: PROHIBITED USES
You may only use the Services for lawful purposes. You agree not to use the Services: (a) for unlawful purposes; (b) to violate laws or regulations; (c) to infringe intellectual property rights; (d) to harass, abuse, or harm others; (e) to transmit misleading or false information; (f) to send spam or harmful code; (g) to impersonate others; or (h) to engage in conduct that restricts others’ use of the Services.

SECTION 14: TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. Sections relating to Intellectual Property, Comments, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions surviving termination shall remain in effect.

SECTION 15: DISCLAIMER OF WARRANTIES
The Services and all products offered are provided "as is" and "as available," without warranties of any kind. HOLMES disclaims all warranties, including merchantability, fitness for purpose, durability, title, and non-infringement.

SECTION 16: LIMITATION OF LIABILITY
To the extent permitted by law, HOLMES, Shopify, and their affiliates shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or products.

SECTION 17: INDEMNIFICATION
You agree to indemnify and hold harmless HOLMES, Shopify, and affiliates against any claims, damages, or liabilities arising from your breach of these Terms, violation of laws, or misuse of the Services.

SECTION 18: SEVERABILITY
If any provision of these Terms is deemed invalid, the remaining provisions shall remain enforceable.

SECTION 19: WAIVER; ENTIRE AGREEMENT
Failure to enforce any provision does not constitute a waiver. These Terms, along with our published policies, constitute the entire agreement between you and HOLMES.

SECTION 20: ASSIGNMENT
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without notice.

SECTION 21: GOVERNING LAW
These Terms and any agreements for Services shall be governed by and construed under the laws and jurisdiction applicable to HOLMES.

SECTION 22: HEADINGS
Headings are included for convenience only and do not affect interpretation.

SECTION 23: CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms at any time on this page. We reserve the right to update, modify, or replace these Terms by posting updates to our site. Material changes will be notified as required by law. Continued use of the Services after changes constitutes acceptance.

SECTION 24: CONTACT INFORMATION
Questions about the Terms of Service should be sent to info@holmesmarbella.shop.

Our contact information is provided below:
[INSERT BUSINESS NAME]
info@holmesmarbella.shop
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]