Terms of service
Terms of Service
Overview
Welcome to sweetsaga! References to "we," "us" or "our" herein mean sweetsaga. sweetsaga operates this store and website, including all related information, content, features, tools, products and services, to provide you (our customer) with a curated shopping experience (hereinafter referred to as the "Service"). sweetsaga is powered by Shopify, which enables us to deliver the Service to you.
These Terms and Conditions, together with all policies referenced herein (hereinafter referred to as the "Terms of Service" or "Terms"), set forth your rights and responsibilities when using the Service.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights, and cover disclaimers and limitations of liability.
By accessing, interacting with or using our Service, 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, you may not use or access the Service.
Part 1 – Access and Accounts
By agreeing to these Terms of Service, you represent that you have reached the legal age of majority in your state or province of residence, and you consent to our allowing any minor dependents under your care to use the Service on devices owned, purchased or managed by you.
To use the Service, including accessing or browsing our online store or purchasing any products or services offered by us, we may require you to provide certain information, such as your email address, billing details, payment information and shipping address. You represent and warrant that all information you provide to our store is accurate, current and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You may not transfer, sell, assign or license your account to any other person or entity.
Part 2 – Our Products
We have made every effort to display our products and services as accurately as possible on our online store. However, please note that colors or product appearances may differ from what is shown on your screen due to variations in the type of device you use to access the store, as well as your device settings and configurations.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations, or that they will be identical to what is displayed or represented on our online store.
All product descriptions are subject to change at any time without prior notice, and the final interpretation thereof rests with us. We reserve the right to discontinue the sale of any product at any time, and may limit the quantity of any products offered to any individual, geographic region or jurisdiction in our sole discretion.
Part 3 – Orders
When you place an order, you make an offer to purchase. sweetsaga reserves the right, in its sole discretion, to accept or reject your order for any reason without explanation. Your order shall be deemed accepted only upon confirmation of acceptance by sweetsaga. We must receive and process your payment prior to accepting your order. Please review your order carefully before submission, as sweetsaga may not be able to accommodate cancellation requests once an order has been accepted. If we decline, modify or cancel an order, we will attempt to contact you via the email address, billing address and/or phone number provided at the time of order placement.
Returns and exchanges of purchased items are permitted only in accordance with our Refund Policy [Link].
You represent and warrant that your purchased items are for your personal or household use only, and not for commercial resale or export.
Part 4 – Pricing and Payment
Prices, discounts and promotional offers are subject to change without prior notice. The final price of a product or service shall be the price at the time you place your order, and will be set forth in your order confirmation email. Unless expressly stated otherwise, listed prices exclude taxes, shipping fees, handling charges, duties or import fees.
Prices listed on our online store may differ from those at physical retail locations or online stores operated by third parties. We may offer service promotions from time to time that may affect pricing, and such promotions shall be governed by separate terms and conditions independent of these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card number and expiration date, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, correct and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) your credit card company will honor the charges you incur; and (iv) you will pay for the charges incurred at the posted prices, including shipping, handling and all applicable taxes, if any.
Part 5 – Shipping and Delivery
We shall not be liable for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We shall not be responsible for delays caused by shipping carriers, customs processing or events beyond our reasonable control. Title and risk of loss for products pass to you upon our delivery of the products to the carrier.
Part 6 – Intellectual Property Rights
The Service, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos and audio, as well as the design, selection and arrangement thereof, are the property of sweetsaga, its affiliates or licensors, and are protected by United States and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Service solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any materials from the Service without our prior written consent. Except as expressly set forth herein, nothing in these Terms shall grant or be construed to grant you any license or other rights under any patents, trademarks, copyrights or other intellectual property rights of sweetsaga, Shopify or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by sweetsaga.
The name, logo, product and service names, designs and slogans of sweetsaga are trademarks of sweetsaga or its affiliates or licensors. You may not use such trademarks without sweetsaga’s prior written consent. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Service are the trademarks of their respective owners.
Part 7 – Optional Tools
You may have access to third-party customer tools as part of the Service, which we do not monitor, control or intervene in.
You acknowledge and agree that we provide access to such tools on an "AS-IS" and "AS-AVAILABLE" basis, without any warranties, representations or conditions of any kind, and without any endorsement thereof. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Your use of any optional tools offered through the website is entirely at your own risk and discretion, and you shall ensure that you have reviewed and agree to the terms of the tools provided by the relevant third-party providers.
We may also offer new features or functionalities through the Service in the future (including the release of new tools and resources). Such new features shall also be deemed part of the Service and subject to these Terms of Service.
Part 8 – Third-Party Links
The Service may contain materials and links to websites operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Service to access such materials or third-party websites, you do so at your own risk.
We shall not be liable for any damages or losses incurred in connection with your access to any third-party websites, or your purchase or use of any products, services, resources or content on any third-party websites. Please carefully review the policies and practices of third parties and ensure you understand them before engaging in any transactions. Direct any complaints, claims, concerns or questions regarding third-party products and services to the third party.
Part 9 – Relationship with Shopify
[For Merchants: This section accurately describes the relationship between Shopify and your store; please do not delete or modify it.]
sweetsaga is powered by Shopify, which enables us to provide the Service to you. However, all sales and purchases made on our store are directly between you and sweetsaga. By using the Service, you acknowledge and agree that Shopify shall not be liable for any sales between you and sweetsaga, including any injuries, damages or losses arising from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising out of or relating to your purchases and transactions with sweetsaga.
## Part 10 – Privacy Policy
All personal information we collect through the Service is governed by our Privacy Policy, which you may view here [Link]. Certain personal information may be subject to the Shopify Privacy Policy, which you may view here. By using the Service, you have read these Privacy Policies.
As the Service is hosted by Shopify, Shopify collects and processes your personal information from your access to and use of the Service to provide and improve the Service for you. Information you submit to the Service may be transferred to Shopify and third parties located in countries other than your place of residence to facilitate the provision of the Service. Please review our Privacy Policy [Link] for more details on how we, Shopify and our partners use your personal information.
Part 11 – Feedback
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans or other content (collectively, "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 purposes). For example, we may use the rights under this license to operate, provide, evaluate, enhance, improve and promote the Service, and to fulfill our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that: (i) you own or have obtained all necessary rights to the Feedback; (ii) you have disclosed any compensation or rewards received in connection with the submission of the Feedback; and (iii) your Feedback complies with these Terms. We are not obligated to (1) keep your Feedback confidential; (2) compensate you for your Feedback; or (3) respond to your Feedback.
We reserve the right (but not the obligation) to monitor, edit or remove any content that we deem unlawful, offensive, threatening, defamatory, obscene, pornographic or otherwise objectionable, or that infringes any party’s intellectual property rights or violates these Terms of Service.
You agree that your Feedback shall not infringe any third-party rights, including copyrights, trademarks, privacy rights, personality rights or other personal or proprietary rights. You further agree that your Feedback shall not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer viruses or other malicious code that may in any way affect the operation of the Service or any related websites. You may not use a false email address, impersonate any person or entity, 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 shall not be liable for any Feedback posted by you or any third party.
Part 12 – Errors, Inaccuracies and Omissions
Occasionally, the Service may contain information with typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and inventory availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order).
Part 13 – Prohibited Uses
You may access and use the Service only for lawful purposes. You may not directly or indirectly access or use the Service: (a) for any illegal or malicious purpose; (b) in violation of any international, federal, provincial or state statutes, 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 reuse any material that does not comply with these Terms; (g) to send or cause to be sent any advertising or promotional materials, including any "spam," "chain letter," "junk mail" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, in our sole judgment, may harm sweetsaga, Shopify or Service users, 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 in any way affect the functionality or operation of the Service; (b) reproduce, copy, sell, resell or exploit any portion of the Service; (c) collect or track the personal information of others; (d) engage in spamming, phishing, fraud, spoofing, scraping, data mining or data theft; or (e) interfere with or circumvent the security features of the Service or any 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 part of these Terms.
Part 14 – Termination
We may, in our sole discretion, terminate this Agreement or your access to the Service (or any part thereof) at any time without prior notice, and you shall remain liable for all amounts due up to and including the date of termination.
The following provisions shall survive the termination of this Agreement: Intellectual Property Rights, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Part 15 – Disclaimers
The information provided through the Service is for general reference only. We do not warrant the accuracy, completeness or usefulness of the information. Any reliance you place on such information is strictly at your own risk. We shall not be liable for any damages or liability arising from any reliance placed on such information by you or any other user of the Service, or by anyone who may be informed of any of its contents.
Unless expressly stated otherwise by Sweetsaga, the Service and all products provided through the Service are offered on an "AS-IS" and "AS-AVAILABLE" basis for your use, without any representations, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title and non-infringement. We do not warrant, represent or guarantee that your use of the Service will be uninterrupted, timely, secure or error-free. Certain jurisdictions restrict or do not allow the exclusion of implied or other warranties, so the above disclaimers may not apply to you.
Part 16 – Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Sweetsaga, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, as well as Shopify and its affiliates, be liable for any injuries, losses, claims or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, data loss, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or any other legal theory, arising out of or in connection with your use of the Service or any products purchased through the Service, or any other claims related to your use of the Service or any products, 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 any content (or products) posted, transmitted or otherwise made available via the Service, even if advised of the possibility thereof.
Part 17 – Indemnification
You agree to indemnify, defend and hold harmless sweetsaga, Shopify, and their respective affiliates, partners, directors, officers, employees, agents, contractors, licensors and service providers from any and all losses, damages, liabilities or claims (including reasonable attorneys’ fees) arising out of or relating to: (1) your breach of these Terms of Service or any 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 Service.
We will notify you of any indemnifiable claim, but your obligations hereunder shall remain notwithstanding our failure to provide timely notice, unless you are materially prejudiced thereby. We may control the defense and settlement of such claims at your expense, including the selection of legal counsel, provided that we will not settle any claim that imposes a non-monetary obligation on you without your prior written consent (which shall not be unreasonably withheld). You shall cooperate in the defense of any indemnifiable claim, including the provision of relevant documentation.
Part 18 – Severability
If any provision of these Terms of Service is found to be unlawful, invalid or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.
Part 19 – Waiver; Entire Agreement
Our failure 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, together with any policies or operating rules posted by us on this website or in connection with the Service, constitute the entire agreement and understanding between you and us governing your use of the Service, and supersede any prior or contemporaneous oral or written agreements, communications and proposals 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.
Part 20 – Assignment
You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations hereunder without your consent or prior notice.
Part 21 – Governing Law
These Terms of Service and any separate agreements whereby we provide the Service to you shall be governed by and construed in accordance with the laws of the federal and state or provincial courts where sweetsaga is headquartered. You and sweetsaga both consent to the venue and personal jurisdiction of such courts.
Part 22 – Headings
Headings used in this Agreement are for convenience only and shall not limit or otherwise affect these Terms.
Part 23 – Changes to Terms of Service
You may review the most current version of the Terms of Service on this page at any time.
We reserve the right, in 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 shall take effect on the date specified in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.