OVERVIEW

Welcome to PAMELA SMITH! The terms “we”, “us” and “our” refer to PAMELA SMITH. PAMELA SMITH operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a carefully curated shopping experience (the “Services”). PAMELA SMITH uses Shopify as its technology platform, which enables us to provide these 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 using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover matters 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. 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 place of residence and, where applicable, that you have given your consent for any minor dependants under your responsibility to use the Services through devices that you own, have purchased or manage.

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

You represent and warrant that all information you provide in our stores is accurate, 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 carried out through your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every reasonable effort to provide an accurate representation of our products and services in our online stores. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device used and its settings.

We do not warrant that the appearance or quality of any products or services purchased by you will exactly meet your expectations or be identical to the images or representations displayed in our online stores.

All product descriptions are subject to change at any time without prior notice, at our sole discretion.

We reserve the right to discontinue any product at any time and to limit, on a case-by-case basis, the quantities available to certain persons, geographic regions or jurisdictions.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. PAMELA SMITH reserves the right to accept or reject any order for any reason at its discretion.

Your order will not be considered accepted until PAMELA SMITH expressly confirms acceptance. We must receive and process your payment before the order can be considered accepted.

Please review your order carefully before submitting it, as PAMELA SMITH may be unable to accommodate cancellation requests once the order has been accepted.

If we do not accept an order, make a change to it or cancel it, we will attempt to notify you using the email address, billing address and/or telephone number provided at the time the order was placed.

Your purchases are subject to our Returns & Refunds Policy, as well as any mandatory consumer rights applicable to you.

You represent and warrant that purchases made are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

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

The price applicable to 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 expressly stated otherwise, published prices do not include taxes, shipping, handling, customs duties or import charges.

Prices displayed in our online stores may differ from prices offered in physical stores or in online or physical stores operated by third parties.

From time to time, we may offer promotions relating to the Services that affect pricing and are subject to specific terms and conditions separate from these Terms. In the event of any conflict between the terms of a promotion and these Terms, the specific promotion terms shall prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our stores.

You also agree to promptly update your account details and any other relevant information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

(i) the credit card information you provide is true, accurate and complete;

(ii) you are duly authorised to use such credit card for the purchase;

(iii) any charges incurred will be honoured by the card issuer; and

(iv) you will pay all amounts corresponding to the published prices, including shipping and handling charges and applicable taxes, where relevant.

SECTION 5 - SHIPPING AND DELIVERY

We ship to destinations worldwide, subject to availability and any applicable shipping restrictions.

Shipping costs and estimated delivery times, where applicable, will be displayed during checkout before you complete your order.

All delivery times are estimates and may be affected by circumstances outside our reasonable control, including carrier delays, customs procedures or other unforeseen events.

PAMELA SMITH remains responsible for the goods until they are delivered to the customer or to a third party designated by the customer, in accordance with applicable law.

For deliveries outside the European Union, customs duties, import taxes or other charges may apply depending on the destination country.

Unless otherwise stated during checkout or required by applicable law, such charges are the responsibility of the customer.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, trade names, text, visual content, images, graphics, product reviews, videos and audio, as well as their design, selection and arrangement, are owned by PAMELA SMITH, its affiliates or licensors and are protected by applicable national and international intellectual and industrial property laws.

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

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material included in the Services without our prior written consent.

Unless expressly stated otherwise, nothing in these Terms shall be interpreted as granting you any licence or other right under any patent, trademark, copyright or other intellectual property belonging to PAMELA SMITH, Shopify or any third party.

Unauthorised use of the Services may constitute an infringement of intellectual and industrial property laws.

All rights not expressly granted are reserved by PAMELA SMITH.

The names, logos, product and service names, designs and slogans of PAMELA SMITH are trademarks of PAMELA SMITH, its affiliates or licensors and may not be used without prior written authorisation.

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 appearing in the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

As part of the Services, we may provide you with access to tools provided by third parties over which we exercise no control, supervision or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of such tools is entirely at your own risk and discretion, and you should ensure that you are familiar with and accept the terms and conditions established by the relevant third-party providers.

We may also offer new features through the Services in the future, including new tools and resources.

Such new features shall also be deemed part of the Services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.

If you decide to leave our Services to access these materials or third-party websites, you do so at your own risk.

We shall not be liable for any harm or damage related to your access to third-party websites or your purchase or use of any products, services, resources or content available through such websites.

We recommend that you carefully review each third party’s policies and practices and ensure that you understand them before entering into any transaction.

Complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

PAMELA SMITH uses Shopify as its technology platform, which enables us to provide the Services to you.

However, any sale or purchase made through our store is entered into directly between the customer and PAMELA SMITH.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and PAMELA SMITH, including any injury, damage or loss resulting from purchased products or services.

You hereby expressly release Shopify and its affiliates from any claims, damages or liabilities arising from or related to your purchases and transactions with PAMELA SMITH.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy and, where applicable, Shopify’s Privacy Policy.

Because the Services are hosted on Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve those Services.

Information you provide through the Services may be transmitted to and processed by Shopify and other service providers, including providers located in countries other than your country of residence, in accordance with applicable data protection laws.

Please review our Privacy Policy for more information about how we collect, use and protect your personal information.

SECTION 11 - FEEDBACK AND SUBMISSIONS

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial purposes.

We may, for example, use the rights granted under this licence to operate, provide, evaluate, improve and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that:

(i) you own the Feedback or have all rights necessary in relation to it;

(ii) you have disclosed any compensation or incentives received in connection with the submission of such Feedback; and

(iii) your Feedback complies with these Terms.

We shall have no obligation to:

(1) maintain your Feedback in confidence;

(2) pay compensation for your Feedback; or

(3) respond to such Feedback.

We may, but are under no obligation to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any third party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, image rights or any other personal or proprietary rights.

You further agree that your Feedback will not contain defamatory, unlawful, abusive or obscene content, or any computer virus or other malicious software that could in any way 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 as to the origin of any Feedback.

You are solely responsible for the content and accuracy of the Feedback you submit. We accept no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or 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.

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 local, national or international laws, regulations, rules or ordinances;

(c) to infringe our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person;

(e) to transmit false or misleading information;

(f) to knowingly send, receive, upload, download, use or reuse any material that does not comply with these Terms;

(g) to transmit or facilitate the sending of unsolicited advertising or promotional material, including junk mail, chain letters, spam or similar communications;

(h) to impersonate or attempt to impersonate any other person or entity; or

(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm PAMELA SMITH, 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 may affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services;

(c) collect or track the personal information of others;

(d) engage in spam, phishing, pharming or similar activities using the Services;

(e) use any robot, spider, scraping tool, data collection or extraction tool, automated device or process, artificial intelligence tools —including autonomous or agent-based AI— or automated or manual means to access the Services; or

(f) interfere with, bypass or circumvent security or authorisation features, robot exclusion systems or other measures used to restrict or control access to and use of the Services.

We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1. This section (“Agent Terms”) applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any of the Services.

For the purposes of these Terms, “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that may operate through a device without direct supervision.

14.2. No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates strictly in accordance with the requirements set out in Section 14.4.

In addition, no Agent may access, use or interact with the Services if we have expressly requested that it cease doing so.

14.3. We may limit, including through technical measures, how any Agent accesses, uses or interacts with the Services.

14.4. Agents must:

(i) identify themselves in all HTTP/HTTPS requests and disclose the name of the Agent by including the expression “Agent/[agent name]” in the user-agent string;

(ii) not conceal or obscure the fact that access, use or interactions originate from an Agent, including by:

(a) mimicking human behaviour or interaction patterns; or

(b) completing or circumventing CAPTCHAs or other measures intended to distinguish human activity from automated activity;

(iii) respond truthfully to any question or prompt intended to determine whether an interaction is being carried out by a person or a computer system; and

(iv) not circumvent or otherwise avoid any measure intended to block, limit, modify or control how Agents access, use or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time without prior notice.

You will remain liable for all amounts due up to and including the effective date of termination.

The following sections will continue to apply following any termination: 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 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes.

We do not warrant the accuracy, completeness or usefulness of such