Terms of Service
This website is operated by NeYcia. Throughout the site, we use the terms "we", "us" and "our" to refer to NeYcia. This website, including all information, tools and services available through it, is offered by NeYcia to you, the user, conditioned on your acceptance of all of the terms, conditions, policies and notices stated herein.
Our shop is hosted on Shopify Inc. which provides us with the online e-commerce platform that allows us to sell our products and services to you.
You must not use our products for any illegal or unauthorised purpose or violate any laws in your jurisdiction when using the Service (including, without limitation, copyright laws).
You must not transmit any worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 - TERMS AND CONDITIONS
We reserve the right to refuse service to anyone at any time and for any reason.
You understand that your content (except for your credit card information) may be transferred without encryption and that this includes (a) transmissions over multiple networks; and (b) changes made in order to conform and adapt to technical requirements of connecting networks or devices. Your credit card information is always encrypted when transferred across networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this Agreement are included for convenience only and shall not limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We shall not be liable if the information provided on this site is inaccurate, incomplete or out of date. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting greater, more accurate, more complete or more current sources of information. If you rely on the content of this site, you do so at your own risk.
This site may contain some historical data. By definition, historical data is not current and is provided for reference purposes only. We reserve the right to change the contents of this site at any time, but we are under no obligation to update any of the information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.
SECTION 4 - CHANGES IN SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or terminate the Service (or any part thereof) at any time without notice.
We will not be liable to you or any third party for any change in prices, or any modification, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online through the website. Quantities of such products or services may be limited and their return or exchange is strictly subject to our Returns Policy.
We have endeavoured to present the colours and images of the products on the shop as accurately as possible. However, we cannot guarantee the accuracy of the colours displayed on your computer screen.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any particular person, geographic area or jurisdiction. We reserve the right to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer of products or services on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or on the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you using the email address and/or billing address or telephone number provided at the time of ordering. We reserve the right to limit or prohibit orders that we believe may have been placed by traders, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made from our shop. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.
For more information, please see our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools that we do not monitor, control or administer.
You acknowledge and agree that we provide you with access to these tools on an "as is" and "as available" basis, without any warranty, representation or condition of any kind and without any endorsement. We shall not be liable in any way for anything arising out of or relating to your use of the Third Party Optional Tools.
Any use by you of the Optional Tools offered through the Site is entirely at your own discretion and risk. In addition, it is your responsibility to inform yourself of the terms and conditions under which such tools are provided by the relevant third party provider(s) and to agree to those terms and conditions.
ARTICLE 8 - THIRD PARTY LINKS
Certain content, products and services accessible through our Service may include materials from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not required to review or evaluate their content or accuracy, nor do we guarantee or assume any responsibility for the content or websites, or other content, products or services of third party sources.
We are not responsible for any harm or damage related to the purchase or use of any goods, services, resources, content or any other transaction related to these third party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before engaging in any transactions. Complaints, claims, concerns or questions regarding third party products should be directed to such third parties.
SECTION 9 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit specific content (e.g., as part of your participation in contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, "Feedback"), you grant us the right, at any time and without limitation, to edit, copy, publish, distribute, translate, and use in any media any Feedback you send us. We are not and shall not be obligated to (1) maintain the confidentiality of the Comments; (2) compensate anyone for any Comments provided; or (3) respond to the Comments.
You agree that your comments must not infringe the rights of any third party, including copyrights, trademarks, privacy, personality or other personal or intellectual property rights. You further agree that your comments shall not contain any unlawful, abusive or obscene material or any computer virus or other malicious software that may in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us or third parties as to the origin of any comments. You are entirely responsible for any comments you make and their accuracy. We do not accept any responsibility for comments posted by you or any third party.
ARTICLE 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping costs, delivery 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 on the Service or any related website is inaccurate, at any time without notice (including after you have placed your order).
We are under no obligation to update, amend or clarify any information on the Service or any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date applied to the Service or any related website shall be defined to indicate that all information offered in the Service or on any related website has been changed or updated.
SECTION 12 - PROHIBITED USES
(a) for any unlawful purpose; (b) to incite or participate in any unlawful act; (c) to violate any local ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our or any third party's intellectual property rights; (e) harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information;
SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant, represent or represent that your use of our Service will be uninterrupted, secure, timely or error-free.
We do not warrant that the results that may be obtained from using the Service will be accurate or reliable.
You agree that, from time to time, we may withdraw the Service for indefinite periods or cancel it at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided on an "as is" and "as available" basis for your use without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability or fitness for a particular purpose, durability, title and non-infringement.
In no event shall NeYcia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including, but not limited to, loss of profits, revenue, savings, or data, replacement costs, or other similar damages, whether in contract, tort (including negligence), in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Service or any service or product using the Service, or any other claim relating in any way to your use of the Service or any product, including, but not limited to, errors or omissions in any content, or any loss or damage arising from the use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if you have been advised of the possibility of such claims arising.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
SECTION 15 - SEVERABILITY
SECTION 16 - TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
CLAUSE 17 - COMPLETENESS OF AGREEMENT
ARTICLE 18 - APPLICABLE LAW
SECTION 20 - CONTACT INFORMATION
By consenting to NeYcia’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at https://www.theredwaveshop.com/pages/contact for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.