Terms and conditions
OVERVIEW
Welcome to Simona Mejias! The terms "we", "us" and "our" refer to Simona Mejias. Simona Mejias operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (hereinafter, the “Services”). Simona Mejias operates using Shopify, which allows us to provide the Services to you.
The following terms and conditions, together with any policies expressly incorporated by reference herein (hereinafter, the “Terms of Service” or “Terms”), outline your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and address areas such as disclaimers of warranties and limitations of liability.
By visiting, interacting, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
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 or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on your owned, purchased, or controlled devices.
To access or use the Services, including browsing our online stores or making a purchase of any products or services we offer, you may be asked to provide certain information such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide through our stores is true, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for keeping your account login details safe and secure and for all activities that occur under your account. You may not transfer, sell, assign, or sublicense your account to any third-party.
2. OUR PRODUCTS
We have made every effort to display as accurately as possible the images of our products and services that appear at our online stores. However, please note that colours or product appearance may vary from how they appear on your screen, depending on the type of device you use to access the store, and the settings and configuration of your device.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or be the same as they appear or are presented in our online stores.
All descriptions of products 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 the quantities of any products offered to any person, geographic region or jurisdiction, on a case-by-case basis.
3. ORDERS
When you place an order, you are making an offer to purchase. Simona Mejias reserves the right to accept or reject your order in its sole discretion for any reason whatsoever. Your order is not accepted until Simona Mejias confirms its acceptance. We must receive and process your payment before we can accept your order. Please review your order carefully before submitting it, as Simona Mejias may be unable to accommodate cancellation requests once an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange only according to our Refund Policy.
You represent and warrant that any purchases made by you are for your personal or household use only and are not for commercial resale or export.
4. PRICING 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 set out in your order confirmation email. Unless otherwise expressly indicated, posted prices do not include taxes, shipping, handling, customs, or import duties.
The prices displayed in our online stores may differ from prices available in physical stores or in online stores or other stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions.
You represent and warrant that: (i) your credit card information supplied by you is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges, and all applicable taxes, if any.
5. SHIPPING AND DELIVERY TERMS
We are not responsible for any shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by parcel carriers, customs, or other factors outside of our control. Title and risk of loss or damage pass to you upon our transfer of the products to the carrier.
6. INTELLECTUAL PROPERTY
Our Services, including without limitation, all trademarks, trade names, text, images, photos, graphics, product reviews, video, and audio, as well as their design, selection, and arrangement, are owned by Simona Mejias, its affiliates, or licensors and are protected by United States and international patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, without our prior written consent. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under any patent, trademark, copyright, or other intellectual property right of Simona Mejias, Shopify, or any third-party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Simona Mejias.
Simona Mejias names, logos, product and service names, designs, and slogans are trademarks of Simona Mejias or its affiliates or licensors. You must not use such marks without the prior written permission of Simona Mejias. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans used on the Services are the trademarks of their respective owners.
7. OPTIONAL TOOLS
You may be provided with access to customer tools offered by third-parties as part of the Services, which we neither monitor, control, nor have any influence over their performance.
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 and without any endorsement or recommendation. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
8. THIRD-PARTY LINKS
The Services may contain material and hyperlinks to websites provided or operated by third-parties (including any integrated third-party functionalities). We are not responsible for examining or evaluating the content or accuracy of any third-party material or websites you choose to access. If you decide to leave the Services and access such material or third-party websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to any third-party websites or the purchase or use of any products, services, resources, or content on third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.
9. RELATIONSHIP WITH SHOPIFY
Simona Mejias operates using Shopify, which allows us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Simona Mejias. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Simona Mejias, including any injury, damage, or loss arising out of products or services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchases and transactions with Simona Mejias.
10. PRIVACY POLICY
Any personal information we collect through the Services is governed by our Privacy Policy, which you can find here, and certain personal information may also be governed by Shopify’s Privacy Policy, which you can find here. By using the Services, you confirm that you have read and understood these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use of the Services to provide and improve the Services to you. The information you provide through the Services will be transferred to Shopify and may be shared with third-parties who may be located in countries other than your place of residence to provide the Services to you. For more information about how we, Shopify, and our partners use your personal information, please refer to our privacy policy.
11. FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us an indefinite, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and publicly display such Feedback in any medium and for any purpose, including for commercial use. For example, we may make use of these license rights to operate, provide, evaluate, improve, enhance, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) You are the owner of all Feedback you submit or have all rights necessary to submit the Feedback; (ii) You have disclosed any compensation or incentive received for submitting the Feedback; and (iii) Your Feedback is in compliance with these Terms. We are and shall be under no obligation: (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
12. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 without prior notice (including after you have submitted your order).
13. PROHIBITED USES
You may use and access the Services for lawful purposes only. You may not directly or indirectly access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local 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 of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate Simona Mejias, a Simona Mejias employee, another user, or any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Simona Mejias, Shopify, or users of the Services or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, data mining, data harvesting, and extraction tools, AI tools (e.g., generative AI), or automatic device or process, or manual process to access the Services; or (f) interfere with or circumvent the security features of the Services or any related website, or other websites, or the Internet. 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.
14. AGENTS
14.1 This section (the “Agent Terms”) applies where you use, permit, enable, or initiate the deployment of an Agent to access, use or interact with any of the Services. An “Agent” is any piece of software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a person or entity, and which may be executed in a person’s name or on a person’s device without direct human supervision.
14.2 No Agent may access, use or interact with the Services unless it, at all times, clearly identifies itself and acts in strict compliance with section 14.4 below. Furthermore, no Agent may access, use or interact with the Services where we have made a request that the Agent refrains from accessing, using or interacting with any of the Services.
14.3 We may restrict, including through technical means, if and how any Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is made by an Agent and disclose the Agent’s name by including the following text in the user agent string of the request: “Agent/[Agent Name]”; (ii) not hide or obfuscate that any access, use or interaction is being carried out by an Agent, for example by (a) mimicking human behaviour and interaction patterns or (b) completing or bypassing CAPTCHAs or other measures designed to distinguish between computer and human usage; (iii) truthfully and honestly respond to any question or prompt designed to identify whether an interaction is made by a human or a computer; (iv) not circumvent or otherwise bypass any measures implemented to block, limit, modify or control if and how Agents access, use or interact with the Services.
15. TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without prior notice, and you will remain liable for all amounts due up to and including the date of termination.
Upon any termination, the following sections will continue to apply: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, No Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions which by their nature should survive termination.
16. DISCLAIMER OF WARRANTIES
The information provided on or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. 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 such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY PROVIDED BY SIMONA MEJIAS, THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE 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. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIMONA MEJIAS, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND 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 THEIR POSSIBILITY.
18. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Simona Mejias, Shopify and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by 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; or (3) your access to or use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to give timely notice will not relieve you of your obligations hereunder unless you are materially prejudiced thereby. We may, at our own expense, control the defense and settlement of such claim, including the selection of counsel, but will not enter into any settlement that imposes a non-monetary obligation on you without your prior consent (which may not be unreasonably withheld). You agree to cooperate in the defense of any indemnifiable claim, including 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, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
20. NO WAIVER; ENTIRE AGREEMENT
The failure of us 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 site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
21. ASSIGNMENT
You may not transfer, assign, or delegate this Agreement or your rights or obligations under these Terms without our prior written consent, and any such attempt will be deemed null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice to you.
22. 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 federal and state or territorial courts located in the jurisdiction where Simona Mejias has its principal place of business. You and Simona Mejias consent to the venue and personal jurisdiction of such courts.
23. HEADINGS
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
24. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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. 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 take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
25. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@simonamejias.lt.
Our contact information is posted below:
Feme essentials, MBinfo@simonamejias.com
P. Plechavičiaus g. 20-53, LT-49207 Kaunas
+370 662 90828
Company code: 307452114
VAT payer code: LT100019885410
