Terms of service

OVERVIEW

Welcome to Gina Monroe! The terms “we”, “us” and “our” refer to Gina Monroe. Gina Monroe operates this store and website, including all information, content, features, tools, products and related services, in order to offer you, as a customer, a curated shopping experience (the “Services”). Gina Monroe is Powered by Shopify, which enables us to provide you with the Services.

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

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

By visiting, interacting with or using our Services, you agree to be bound by these Terms and Conditions of Service and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions of Service, you declare that you have reached the age of majority in your State or Region of residence and that you have provided your consent to allow any of your minor family members to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any product or service we offer, you may be required to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all information provided in our store is accurate, current and complete and that you have all the necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities carried out under your account. You may not transfer, sell, assign or license your account to third parties.

SECTION 2 - OUR PRODUCTS

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

We do not guarantee that the appearance or quality of any product or service purchased will meet expectations or correspond to what is represented or displayed 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 quantities of any product offered to any person, geographic area or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you submit an offer to purchase. Gina Monroe reserves the right to accept or reject the order for any reason, at its sole discretion. The order is not accepted until Gina Monroe confirms its acceptance. Payment must be received and processed before the order is accepted.

Please carefully check the order before submitting it, as Gina Monroe may not be able to accommodate cancellation requests after the order has been accepted. If the order is not accepted, is modified or cancelled, we will attempt to inform you by contacting you at the email address, billing address and/or phone number provided at the time of the order.

Purchases are subject to return or exchange exclusively in accordance with our Refund Policy [LINK].

You represent and warrant that purchases are intended for 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 notice. The price charged for a product or service will be the price in effect at the time the order is submitted and will be indicated in the order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping costs, handling fees, customs duties or import costs.

Prices published in our online stores may differ from prices offered in physical stores or in other online or third-party stores. From time to time, we may offer promotions on the Services which may affect pricing and which are governed by separate terms and conditions from these Terms. In the event of a conflict between promotion terms and these Terms, the promotion terms shall prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in 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 and contact you when necessary.

You represent and warrant that:
(i) the credit card information provided is true, correct and complete;
(ii) you are duly authorized to use such credit card for the purchase;
(iii) the charges incurred will be honored by the credit card company; and
(iv) the amounts charged will be paid at the published prices, including shipping and handling costs and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All delivery times are indicative only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures or events beyond our control. Once the products are transferred to the carrier, ownership and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including, but not limited to, all trademarks, brands, texts, visual elements, images, graphics, product reviews, videos and audio, as well as their design, selection and arrangement, are the property of Gina Monroe, its affiliates or its licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms allow the use of the Services solely for personal and non-commercial use. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent.

Except as expressly provided in these Terms, nothing contained herein grants or shall be construed as granting a license or other rights in relation to patents, trademarks, copyrights or other intellectual property rights of Gina Monroe, Shopify or third parties. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Gina Monroe.

The names, logos, product and service names, designs and slogans of Gina Monroe are trademarks of Gina Monroe or its affiliates or licensors. You may not use such trademarks without prior written consent. Shopify names, logos, product names, service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.

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. 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 the terms and conditions on which such 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 considered part of the Services and shall be subject to these Terms and Conditions of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.

We are not responsible for any damage or loss related to your access to third-party websites or the purchase or use of products, services, resources or content on third-party websites. Please review third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: this section accurately describes the relationship between Shopify and your store and must not be removed or modified.]

Gina Monroe is supported by Shopify and this allows us to provide you with the Services. However, all sales and purchases made in our store are made directly with Gina Monroe. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Gina Monroe, including any damage, injury or loss arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or related to your purchases and transactions with Gina Monroe.

SECTION 10 - PRIVACY POLICY

All personal data that we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may be subject to the provisions of Shopify’s Privacy Policy, available here. By using the Services, you declare that you have read this Privacy Policy.

As the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services. The information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in a country different from the one in which you reside, in order to provide you with the services. Please refer to our Privacy Policy [LINK] for more details on how we, Shopify and our partners use your personal data.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any media and for any purpose, including commercial use. We may, for example, exercise the rights arising from such license to operate, provide, evaluate, improve, enhance and promote the Services and to fulfill our obligations and exercise our rights under the Terms and Conditions of Service.

You further represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of Feedback; and (iii) your Feedback will comply 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, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms and Conditions of Service.

You agree that your Feedback will not violate any rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory 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 email 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 provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or within the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

If any information is inaccurate, 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).

SECTION 13 - PROHIBITED USES

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

You may not access or use the Services, directly or indirectly:
(a) for any unlawful or harmful purpose;
(b) to violate any international, federal, provincial, state or local regulations, rules, laws or 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 harm any of our employees or any other person;
(e) to submit false or misleading information;
(f) to upload or transmit any material that does not comply with these Terms;
(g) to transmit any advertising or promotional material, including spam, chain letters or similar solicitation;
(h) to impersonate or attempt to impersonate another person or entity;
(i) to engage in any conduct that restricts or inhibits anyone’s use of the Services or may harm Gina Monroe, Shopify or users.

Additionally, you agree not to:
(a) upload or transmit viruses or malicious code;
(b) reproduce, copy or exploit any part of the Services;
(c) collect personal data of others;
(d) engage in phishing or spam;
(e) use bots, scraping tools or AI tools to access the Services;
(f) interfere with security features.

We reserve the right to terminate accounts in case of violations.

SECTION 14 - AGENTS

14.1 This section (Agent Terms) applies if you use, allow, enable or cause the implementation of an Agent to access, use or interact with the Services. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or entity and that may operate on behalf of or through a person’s 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 in strict compliance with the requirements set out in Section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.

14.3 We may establish limits, including through technical measures, on how and under what conditions an Agent may access, use and interact with the Services.

14.4 Agents must:
(i) in all HTTP/HTTPS requests, identify that the request originates from an Agent and state the Agent’s name by including the following in the request’s user-agent string: “Agent/[agent name]”;
(ii) not conceal or obscure the fact that any access, use or interaction is performed by an Agent, for example by (a) imitating human behavior or interaction patterns, or (b) completing or bypassing CAPTCHA or other measures intended to distinguish between human and automated use;
(iii) respond truthfully to any questions or prompts intended to determine whether interactions originate from a human or a computer;
(iv) not bypass or otherwise avoid any measure intended to block, limit, modify or control whether and 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 and without notice, and you will remain liable for all amounts due up to and including the date of termination.

Even in the event of termination, the following sections will remain in force: 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.