Terms of service

OVERVIEW

Welcome to EVA BEAUTY SECRETS! The terms “we”, “us” and “our” refer to EVA BEAUTY SECRETS. EVA BEAUTY SECRETS operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalized shopping experience (the “Services”). EVA BEAUTY SECRETS uses the Shopify platform, which enables us to provide the Services.

The terms and conditions below, together with the policies referenced in them (the “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, including 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 the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

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 give us your consent to allow your minor children to use the Services on devices that you own, purchase or manage.

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

You are solely responsible for 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 another person.

SECTION 2 – OUR PRODUCTS

We have made every effort to accurately display our products and services in our online stores. Please note, however, that product colours or appearance may differ from what is displayed on your screen because of the type of device you use to access the store, as well as its settings and configuration.

We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or be identical to what is displayed or rendered 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 the quantities of products we offer 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. EVA BEAUTY SECRETS reserves the right to accept or reject your order for any reason, at its discretion. Your order is considered accepted only after written confirmation from EVA BEAUTY SECRETS. We must receive and process your payment before your order is confirmed. Please review your order carefully before submitting it, as EVA BEAUTY SECRETS may not be able to accept cancellation requests once the order has been confirmed. If we reject, modify or cancel your order, we will attempt to contact you using the email address, billing address and/or telephone number provided with your order.

Your purchases are subject to the return or exchange conditions set out in our Refund Policy 
.

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

SECTION 4 – PRICING 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 when the order is placed and will be stated in your order confirmation email. Shipping is free for orders delivered to Canada and the United States. Unless expressly stated otherwise, displayed prices do not include taxes, customs duties or import charges

Prices displayed in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. From time to time, we may offer promotions on our Services that affect pricing and are governed by separate terms and conditions. If the terms of a promotion conflict with these Terms, the promotion terms will 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 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) your credit card information is accurate, correct and complete; (ii) you are authorized to use the card for the purchase; (iii) the charges incurred will be honoured by your card issuer; and (iv) you will pay the charges incurred at the displayed prices, including all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We cannot be held responsible for shipping or delivery delays. All stated delivery times are estimates and are not guaranteed. We disclaim responsibility for delays caused by carriers, customs procedures or any event beyond our control. Once products are handed over to the carrier, ownership and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, brands, text, displays, images, graphics, product reviews, videos and audio content, as well as their design, selection and arrangement, are the exclusive property of EVA BEAUTY SECRETS, its affiliates or its licensors. They are protected by U.S. and foreign patent, copyright and intellectual property laws.

These Terms authorize you to use the Services only for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Unless expressly stated otherwise in these Terms, nothing shall be interpreted as granting you a licence or any other right to any patent, trademark, copyright or other intellectual property belonging to EVA BEAUTY SECRETS, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by EVA BEAUTY SECRETS.

The names, logos, product and service names, designs and slogans of EVA BEAUTY SECRETS are trademarks of EVA BEAUTY SECRETS, its affiliates or its licensors. You may not use them without the prior written permission of EVA BEAUTY SECRETS. Shopify’s 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 on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

As part of the Services, you may have access to customer tools provided by third parties that we neither monitor nor control and to which we have no input.

You acknowledge and agree that we provide access to these tools “as is” and “as available”, without warranties, representations or conditions of any kind and without our endorsement. We disclaim all liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion. You are responsible for ensuring that you understand and accept the terms applicable to these tools, as established by the relevant third-party providers.

In the future, we may also offer new features through the Services, including new tools and resources. These new features will be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including integrated third-party features. 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 these materials or third-party websites, you do so at your own risk.

We disclaim liability for any harm or damage related to your access to third-party websites or your purchase or use of products, services, resources or content on those websites. Please carefully review third-party policies and practices and ensure that you understand them before completing any transaction. Claims, complaints, concerns or questions about third-party products and services must be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

EVA BEAUTY SECRETS is powered by Shopify, which enables us to provide the Services. However, any sale or purchase made in our Store is conducted directly with EVA BEAUTY SECRETS. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and EVA BEAUTY SECRETS, including any damage, injury or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchase and transaction with EVA BEAUTY SECRETS.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information concerning your access to and use of the Services to provide and improve them. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than your country of residence, to provide you with the services. Please consult our Privacy Policy for more details about how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, publish, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and non-exclusive licence to use, reproduce, modify, publish, distribute and display that Feedback for any purpose, including commercial purposes. For example, we may exercise our rights under this licence to operate, provide, evaluate, improve and promote the Services, and to fulfil our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be under any obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit or remove any Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe any third-party rights, including copyright, trademarks, data protection rights, personality rights or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive or obscene statements, or any computer virus or malicious software that could 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 about the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim all liability and cannot be held responsible for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain information with typographical errors, inaccuracies or omissions, including information concerning product descriptions, pricing, promotions, offers, shipping fees, transit times or product availability. We reserve the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders when information is inaccurate, at any time and 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 are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) in violation of any international, federal, provincial, state or local regulation, rule or law; (c) in a manner that infringes the intellectual property rights of EVA BEAUTY SECRETS, Shopify or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, use or reuse any content that does not comply with these Terms; (g) to transmit or cause the sending of advertising or promotional material, including spam, chain letters, junk mail or any similar solicitation; (h) to impersonate any person or entity, or attempt to do so; or (i) to engage in conduct that restricts or interferes with another person’s use or enjoyment of the Services, or that, in our judgment, could harm EVA BEAUTY SECRETS, Shopify or users of the Services, or expose them to any liability.

In addition, you agree not to: (a) upload or transmit viruses or other malicious code that could affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track other people’s personal information; (d) engage in spamming, phishing, pharming or pretexting through the Services; (e) use bots, spiders, scraping tools, data collection or extraction tools, automated devices, AI tools, including agentic AI, or any automated or manual means to access the Services; or (f) interfere with, bypass or disable security or authorization features, robot exclusion headers or any other measures we implement to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, authorize, enable or cause the deployment of an Agent to access, use or interact with the Services. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of, or under the instructions of, a person or entity, and that may run on a device owned or used by a person without direct supervision.

14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the conditions set out in Section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have instructed that Agent to refrain from accessing, using or interacting with any service.

14.3 We may restrict, including through technical measures, whether and how an Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the Agent’s name by including “Agent/[agent name]” in the user-agent string; (ii) not conceal or disguise the fact that access, use or interactions originate from an Agent, including by (a) imitating human behaviour or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) truthfully answer any question or prompt intended to determine whether interactions originate from a human or a computer; and (iv) not bypass or evade any measure intended to block, restrict, modify or control Agents’ access to, use of or interactions with the Services.⠋


SECTION 15 – TERMINATION

We reserve the right to terminate this agreement or your access to the Services, or any part of them, at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the termination date.

The following sections will remain in effect after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented on or through the Services is provided for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on it is strictly at your own risk. We disclaim all liability and responsibility for consequences arising from reliance on this information by you, any other visitor to the Services or anyone informed of their content.

EXCEPT AS EXPRESSLY STATED BY EVA BEAUTY SECRETS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVA BEAUTY SECRETS, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSEES, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL INJURY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGE, WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless EVA BEAUTY SECRETS, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable attorneys’ fees, owed to a third party and arising from (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any claim covered by this indemnification, provided that a failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced by it. We may assume the defence and settlement of any claim at your expense, including the selection of legal counsel, but we will not settle a claim involving non-monetary obligations on your part without your consent, which you may not unreasonably withhold. You will cooperate in the defence of claims covered by this indemnification, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. This determination will not affect the validity or enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

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

These Terms of Service, together with any policies or operating rules we publish on this site or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications or proposals, whether oral or written, between you and us, including, without limitation, previous versions of these Terms of Service.

Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted unauthorized assignment will be deemed null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 – GOVERNING LAW

These Terms of Service, and any separate agreement under which we provide you with the Services, will be governed by and construed in accordance with the federal laws and the laws of the states or territories applicable to the competent courts in the jurisdiction where EVA BEAUTY SECRETS has its head office. You and EVA BEAUTY SECRETS expressly consent to the territorial and personal jurisdiction of those courts.

SECTION 23 – HEADINGS

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

SECTION 24 – CHANGES TO THE TERMS OF SERVICE

You may review the most recent version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by publishing updates and changes on our website. It is your responsibility to check our site periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and those changes will take effect on the date specified in the notice. Your continued use of or access to the Services after changes to these Terms are published constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

For any questions about these Terms of Service, please contact us at contact@evabeauty-secrets.com.

Our contact information is provided below:

EVA BEAUTY SECRETS contact@evabeauty-secrets.com