TERMS OF SERVICE

OVERVIEW

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

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas 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 the 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 state, province, or jurisdiction of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the 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 to us is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate representations of our products and services in our online store.

However, colors, textures, proportions, and the appearance of products may vary from how they appear on your screen due to differences in devices, displays, settings, lighting, photography, and other factors.

Product measurements and sizing information are provided as guides. Fit may vary depending on the style, fabric, construction, and individual body proportions.

We do not warrant that the appearance, fit, or quality of any product purchased will meet every individual expectation or appear exactly as depicted on your device.

All product descriptions, pricing, availability, and other product information are subject to change at any time without notice.

We reserve the right to discontinue any product at any time and may limit quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase.

VARESQUE reserves the right to accept or decline your order for any lawful reason at our discretion. Your order is not accepted until VARESQUE confirms acceptance and payment has been successfully processed.

Please review your order carefully before submitting it. Once an order has entered processing or fulfillment, we may be unable to accommodate changes or cancellation requests.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing information, shipping information, and/or telephone number provided with the order.

Your purchases are subject to returns and refunds in accordance with our Refund Policy.

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

We reserve the right to limit or cancel quantities purchased per person, household, account, payment method, billing address, shipping address, or order where reasonably necessary to prevent fraud, unauthorized resale, abuse, or other improper activity.

SECTION 4 - PRICES AND BILLING

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

The price charged for a product will be the price displayed at the time the order is placed, subject to correction of obvious errors, and will be reflected in your order confirmation.

Unless otherwise expressly stated, displayed prices do not include applicable taxes, duties, customs charges, or other government-imposed charges.

Shipping charges, if applicable, will be displayed during checkout before you complete your purchase.

Prices on our online store may differ from prices offered through other channels or third-party platforms.

We may offer promotions from time to time that are governed by additional terms and conditions. If there is a conflict between the terms of a specific promotion and these Terms, the promotion terms will govern with respect to that promotion.

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

You agree to promptly update your information as necessary so that we can complete transactions and contact you when required.

You represent and warrant that the payment information you provide is true and accurate, that you are authorized to use the applicable payment method, and that charges incurred by you will be honored by your payment provider.

SECTION 5 - SHIPPING AND DELIVERY

We make reasonable efforts to process and deliver orders within the timeframes described in our Shipping Policy.

All processing and delivery times are estimates and are not guaranteed.

Delivery may be affected by carrier delays, severe weather, natural disasters, incorrect or incomplete delivery information, customs processing, high-volume periods, or other circumstances outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address when placing an order.

Please refer to our Shipping Policy for additional information regarding processing, shipping, delivery estimates, and order issues.

Nothing in this section is intended to limit any rights or remedies available to you under applicable consumer protection laws.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brand names, logos, text, displays, graphics, photographs, product reviews, video, audio, website design, selection, arrangement, and other content, are owned by or licensed to VARESQUE, its affiliates, or its licensors and may be protected by applicable copyright, trademark, patent, and other intellectual property laws.

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

Except as permitted by applicable law, you must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without appropriate authorization.

Except as expressly provided herein, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of VARESQUE, Shopify, or any third party.

VARESQUE names, logos, designs, product or service names, and slogans may constitute trademarks or other intellectual property of VARESQUE or its applicable licensors. You may not use them in a manner that infringes applicable rights.

Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify or its applicable affiliates.

All other trademarks appearing through the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools or functionality offered by third parties as part of the Services that we do not control.

You acknowledge and agree that access to such tools may be provided “as is” and “as available,” without warranties, representations, conditions, or endorsements from us except as required by applicable law.

To the extent permitted by applicable law, we shall not be responsible for issues arising solely from your use of optional third-party tools outside our reasonable control.

Your use of third-party tools may also be subject to the terms and policies of the applicable third-party provider.

We may in the future offer new features, tools, or resources through the Services. Such features will also be deemed part of the Services and subject to these Terms unless otherwise stated.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials, integrations, or hyperlinks to websites or services provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, security, policies, or practices of third-party websites or services.

If you leave our Services to access a third-party website or service, your use of that website or service may be governed by the third party’s own terms and policies.

To the extent permitted by applicable law, we are not responsible for harm or damages resulting solely from your independent use of third-party websites, products, services, resources, or content outside our control.

Please review applicable third-party policies before engaging in transactions with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

VARESQUE is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our Store are made directly with VARESQUE.

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

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with VARESQUE, to the extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy and applicable privacy laws.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information submitted through the Services may be transmitted to or processed by Shopify and other service providers, including providers located in countries other than your country of residence, as described in applicable privacy policies.

Please review our Privacy Policy for additional information about how VARESQUE and our service providers collect, use, disclose, and protect personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, photographs, comments, or other content to us (collectively, “Feedback”), you grant us a non-exclusive, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for purposes related to operating, improving, and promoting VARESQUE and the Services, subject to applicable law.

You represent and warrant that you own or have the necessary rights to submit your Feedback and that your Feedback does not violate the rights of any third party.

Where required by applicable law or advertising standards, you are responsible for disclosing compensation or incentives associated with submitted reviews or endorsements.

We may monitor, edit, decline to publish, or remove Feedback that we reasonably determine is unlawful, abusive, defamatory, obscene, misleading, infringes another party’s rights, or otherwise violates these Terms.

You are responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information provided through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery estimates, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update information when necessary.

Where permitted by applicable law, we may cancel or modify an order affected by a material pricing, inventory, or other error. If payment has already been collected for a cancelled order, we will provide an appropriate refund.

SECTION 13 - PROHIBITED USES

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

You may not use the Services to:

(a) engage in unlawful or malicious activity;

(b) violate applicable international, federal, state, provincial, territorial, or local laws or regulations;

(c) infringe or violate intellectual property or other rights belonging to VARESQUE or another person;

(d) harass, abuse, threaten, defame, discriminate against, intimidate, or harm another person;

(e) transmit materially false or misleading information;

(f) distribute malware, viruses, or other malicious code;

(g) send spam, phishing communications, or unauthorized solicitations;

(h) impersonate another person or organization;

(i) unlawfully collect or track personal information belonging to others;

(j) interfere with or attempt to compromise the security or operation of the Services;

(k) reproduce, duplicate, copy, sell, resell, scrape, or exploit portions of the Services except as permitted by law or expressly authorized by us; or

(l) circumvent technical measures reasonably designed to protect the Services.

We reserve the right to suspend or terminate access to the Services when we reasonably determine that these Terms have been violated, subject to applicable law.

SECTION 14 - AGENTS AND AUTOMATED SERVICES

This section applies where software, automated systems, artificial intelligence agents, or other autonomous or semi-autonomous services (“Agents”) access or interact with the Services on behalf of a user.

Agents must comply with applicable law, these Terms, and any technical requirements or restrictions implemented through the Services.

We may use reasonable technical measures to manage, limit, or prevent automated access where necessary to protect customers, our systems, our intellectual property, or the operation and security of the Services.

Agents must not circumvent CAPTCHAs, access controls, security mechanisms, robot exclusion measures, or other technical restrictions intended to control automated access.

We reserve the right to restrict automated access where we reasonably determine it creates security, privacy, fraud, operational, or other legitimate risks.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services where reasonably necessary, including in response to fraud, abuse, violation of these Terms, security concerns, or unlawful activity.

You remain responsible for amounts properly due for transactions completed before termination.

Provisions of these Terms that by their nature should survive termination will continue to apply following termination, including provisions relating to intellectual property, feedback, disclaimers, limitations of liability, indemnification, severability, governing law, and other continuing obligations.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes.

While we make reasonable efforts to provide accurate information, we do not warrant that all information will always be complete, current, or error-free.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED BY VARESQUE OR REQUIRED BY LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT ACCESS TO THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS WARRANTIES, GUARANTEES, OR OTHER RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VARESQUE AND ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR SIMILAR LOSSES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EXCEPT WHERE SUCH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, OR TO LIMIT ANY NON-WAIVABLE CONSUMER RIGHTS.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless VARESQUE and its affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal expenses arising from:

(a) your material breach of these Terms;

(b) your violation of applicable law or the rights of a third party; or

(c) your unlawful or unauthorized use of the Services.

Your obligations under this section apply only to the extent permitted by applicable law.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or, where necessary, severed from these Terms.

The remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms, together with policies and other terms expressly incorporated by reference, constitute the agreement between you and VARESQUE concerning your use of the Services, subject to any additional rights provided by applicable law.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent except where applicable law provides otherwise.

We may transfer or assign our rights and obligations under these Terms in connection with a corporate reorganization, financing, merger, acquisition, sale of business or assets, or similar transaction, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws applicable in the jurisdiction where the legal entity operating VARESQUE is established, without limiting any mandatory rights available to consumers under applicable law.

[UPDATE WITH VARESQUE CORPORATE JURISDICTION AFTER INCORPORATION]

Nothing in this section deprives a consumer of protections that cannot lawfully be waived under the laws applicable to that consumer.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service on this page.

We reserve the right to update, change, or replace portions of these Terms by posting an updated version to our website.

Where required by applicable law, we will provide notice of material changes.

Changes will become effective on the date specified in the applicable notice or, where no notice is legally required, when the updated Terms are posted.

Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

VARESQUE
Email: [VARESQUE CUSTOMER SERVICE EMAIL]
Business Address: [BUSINESS MAILING ADDRESS]
Business Phone: [BUSINESS PHONE NUMBER — IF APPLICABLE]
Legal Business Name: [LEGAL BUSINESS NAME — ADD AFTER INCORPORATION]
Business Registration Number: [ADD AFTER INCORPORATION, IF APPLICABLE]
Tax/VAT Number: [IF APPLICABLE]