Terms of service

Terms of Service

Apricitae Boutique

Introduction

Welcome to Apricitae Boutique. Throughout this document, the terms "we," "us," and "our" refer to Apricitae Boutique. We operate this store and website, including all associated information, content, features, tools, products, and services, with the purpose of providing you, our customer, with a refined and curated shopping experience (collectively, the "Services"). Apricitae Boutique is powered by Shopify, which enables us to deliver the Services to you.

The terms and conditions set forth below, together with any policies referenced herein (these "Terms of Service" or "Terms"), govern your rights and responsibilities when accessing or using the Services.

Please review these Terms of Service carefully, as they contain important information regarding 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 accept these Terms or our Privacy Policy, please discontinue use of the Services immediately.

Section 1 — Access & Account

By accepting these Terms of Service, you affirm that you are at least the age of majority in your state or province of residence, and that you have authorized any minor dependents to use the Services on devices you own or manage.

To access or use the Services—including browsing our store or completing a purchase—you may be required 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 is accurate, current, and complete, and that you hold all necessary rights to submit such information.

You are solely responsible for safeguarding your account credentials and for all activity conducted through your account. Your account is personal to you and may not be transferred, sold, assigned, or licensed to any other individual or entity.

Section 2 — Our Products

We make every effort to present our products and services as accurately as possible within our online store. However, please be aware that colors and product appearances may vary depending on your device type, display settings, and screen configuration.

We do not warrant that the appearance, quality, or characteristics of any product or service will meet your expectations or precisely match what is depicted in our store.

All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product and to limit available quantities to any individual, geographic region, or jurisdiction on a case-by-case basis.

Section 3 — Orders

By placing an order, you are submitting an offer to purchase. Apricitae Boutique reserves the right to accept or decline any order at its sole discretion. An order is not confirmed until Apricitae Boutique communicates acceptance, which requires receipt and processing of your payment. Please review your order carefully prior to submission, as cancellation requests may not be accommodated once an order has been accepted. Should we decline, modify, or cancel an order, we will make reasonable efforts to notify you via the email address, billing address, or phone number provided at the time of purchase.

All purchases are subject to our Refund Policy [LINK].

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

Section 4 — Pricing & Billing

Prices, discounts, and promotions are subject to change without notice. The price in effect at the time your order is placed will be reflected in your order confirmation email. Unless otherwise stated, listed prices do not include applicable taxes, shipping, handling, customs, or import fees.

Prices in our online store may differ from those offered in physical retail locations or third-party platforms. Promotional pricing may be governed by separate terms; in the event of any conflict, those promotional terms will take precedence.

You agree to provide accurate, complete, and current payment and account information for all transactions. You further agree to keep your account details—including your email address and payment information—up to date so that we may complete your purchases and reach you when necessary.

You represent and warrant that (i) the payment information you provide is truthful and complete; (ii) you are duly authorized to use the payment method indicated; (iii) all charges will be honored by your financial institution; and (iv) you will pay all applicable charges, including shipping, handling, and taxes.

Section 5 — Shipping & Delivery

All delivery timeframes are estimates only and are not guaranteed. Apricitae Boutique is not liable for delays caused by carriers, customs processing, or circumstances beyond our reasonable control. Once your order is transferred to the shipping carrier, title and risk of loss pass to you.

Section 6 — Intellectual Property

All content and materials comprising the Services—including but not limited to trademarks, brand elements, text, graphics, images, product reviews, video, audio, and their selection and arrangement—are the property of Apricitae Boutique, its affiliates, or licensors, and are protected under applicable U.S. and international intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, transmit, or otherwise exploit any content from the Services without our prior written consent. Nothing in these Terms grants any license or other rights under any patent, trademark, copyright, or other intellectual property belonging to Apricitae Boutique, Shopify, or any third party. All rights not expressly granted herein are reserved.

The names, logos, product names, designs, and slogans of Apricitae Boutique are proprietary trademarks and may not be used without prior written authorization. Shopify's name, logo, and related marks are the exclusive property of Shopify Inc. All other third-party trademarks appearing on the Services belong to their respective owners.

Section 7 — Third-Party Tools

We may provide access to optional tools offered by third-party providers over which we exercise no monitoring, control, or editorial oversight.

Such tools are made available on an "as is" and "as available" basis, without any warranties, representations, or endorsements of any kind. We bear no liability whatsoever in connection with your use of these optional tools.

Your use of any third-party tools is entirely at your own risk. We encourage you to review and familiarize yourself with the terms governing any tool before use.

We may introduce additional tools, features, or services in the future, all of which will be subject to these Terms of Service.

Section 8 — External Links

The Services may contain links or references to third-party websites or embedded third-party functionality. We do not review, endorse, or assume responsibility for the content, accuracy, or practices of any third-party site. If you choose to navigate away from our Services, you do so at your own risk.

We are not liable for any harm, loss, or damages arising from your interaction with external websites or from the purchase or use of products or services found there. We encourage you to carefully review the terms and privacy practices of any third-party site before engaging in any transaction. Concerns or disputes relating to third-party products or services should be directed to the relevant third party.

Section 9 — Relationship with Shopify

Apricitae Boutique is built on the Shopify platform, which enables us to operate and deliver the Services. However, all sales and purchases conducted through our store are made directly with Apricitae Boutique. By using the Services, you acknowledge and agree that Shopify bears no responsibility for any aspect of transactions between you and Apricitae Boutique, including any injury, loss, or damage arising from purchased products. You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities related to your purchases from Apricitae Boutique.

Section 10 — Privacy

All personal information collected through the Services is handled in accordance with our Privacy Policy [LINK]. Certain information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you confirm that you have reviewed and understood both policies.

As the Services are hosted by Shopify, Shopify collects and processes certain data related to your use of the Services in order to operate and improve the platform. Information you submit may be shared with Shopify and other third-party partners, including those located in jurisdictions outside your own. Please refer to our Privacy Policy [LINK] for a full explanation of how we and our partners handle your personal information.

Section 11 — Feedback & Submissions

If you submit ideas, suggestions, reviews, proposals, or any other content (collectively, "Feedback"), you grant Apricitae Boutique a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, distribute, and display such Feedback in any medium for any purpose, including the operation and promotion of the Services.

You represent and warrant that: (i) you own or hold all necessary rights to the Feedback submitted; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your Feedback complies with these Terms. We are under no obligation to maintain Feedback in confidence, compensate you for it, or respond to it.

We reserve the right, but not the obligation, to review, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, defamatory, or otherwise objectionable, or that infringes upon the intellectual property rights of any party.

You agree that your Feedback will not infringe upon the rights of third parties, contain unlawful or harmful content, include malware or malicious code, or misrepresent your identity. You are solely responsible for any Feedback you submit and its accuracy.

Section 12 — Corrections & Content Accuracy

Despite our best efforts, the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any such errors and to update or cancel orders where information is found to be inaccurate, at any time and without prior notice, including after an order has been submitted.

Section 13 — Acceptable Use

You agree to access and use the Services for lawful purposes only. Prohibited conduct includes, but is not limited to: (a) any unlawful or malicious activity; (b) violation of applicable regulations, laws, or ordinances; (c) infringement of intellectual property rights; (d) harassment, abuse, or harm directed at any individual; (e) transmitting false or deceptive information; (f) distributing unsolicited commercial communications or spam; (g) impersonating any person or entity; or (h) engaging in conduct that restricts or impairs others' use of the Services.

Additionally, you agree not to: (a) upload or distribute viruses or malicious code; (b) reproduce or exploit any part of the Services for commercial purposes; (c) collect personal information of other users; (d) engage in phishing, pharming, or pretexting; (e) deploy bots, scrapers, AI agents, or automated tools to access the Services; or (f) circumvent any security, access control, or authentication measures. Violations may result in immediate suspension or termination of your account without notice.

Section 14 — Automated Agent Use

14.1 This section applies if you deploy, enable, or authorize an automated agent ("Agent") to access or interact with the Services. An Agent is defined as any software or service capable of taking autonomous or semi-autonomous action on behalf of a person or entity without direct human supervision.

14.2 No Agent may access the Services unless it fully complies with the requirements set forth in Section 14.4. Agents that have been directed to refrain from accessing the Services must honor that restriction at all times.

14.3 We reserve the right to implement technical measures to limit or control how Agents access and interact with the Services.

14.4 Agents must: (i) identify themselves in all HTTP/HTTPS requests by including "Agent/[agent name]" in the user agent string; (ii) not conceal or misrepresent their automated nature, including by mimicking human behavior or bypassing CAPTCHA systems; (iii) accurately disclose their non-human identity when asked; and (iv) not circumvent any measures designed to control Agent access.

Section 15 — Termination

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

The following provisions shall survive any termination: Intellectual Property, Feedback & Submissions, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Entire Agreement, Assignment, Governing Law, Privacy, and any other provisions that by their nature are intended to survive.

Section 16 — Disclaimer of Warranties

All information made available through the Services is provided for general informational purposes only. We make no representations as to its accuracy, completeness, or fitness for any particular purpose. Your reliance on such information is solely at your own risk.

EXCEPT AS EXPRESSLY STATED BY APRICITAE BOUTIQUE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. APPLICABLE LAW IN SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; IN SUCH CASES, THE ABOVE DISCLAIMER APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.

Section 17 — Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APRICITAE BOUTIQUE, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM RELATED TO YOUR USE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 18 — Indemnification

You agree to indemnify, defend, and hold harmless Apricitae Boutique, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, and claims, including reasonable legal fees, arising out of: (1) your breach of these Terms; (2) your violation of any applicable law or the rights of a third party; or (3) your access to or use of the Services.

We will provide notice of any indemnifiable claim, though failure to provide timely notice will not relieve you of your obligations unless you are materially prejudiced thereby. We may assume control of the defense and settlement of any such claim at your expense, but will not settle any matter imposing non-monetary obligations on you without your reasonable consent.

Section 19 — Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity or enforceability of the remaining provisions.

Section 20 — Waiver & Entire Agreement

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

These Terms of Service, together with any policies or operating rules posted by us on this site, constitute the entire agreement between you and Apricitae Boutique with respect to the Services and supersede all prior agreements, communications, and proposals, whether oral or written, including prior versions of these Terms.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 21 — Assignment

You may not assign, transfer, or delegate this Agreement or any of your rights or obligations hereunder without our prior written consent; any such attempt will be null and void. We may assign or transfer these Terms and our rights and obligations at any time without your consent or prior notice.

Section 22 — Governing Law

These Terms of Service and any related agreements shall be governed by and construed in accordance with the laws of the jurisdiction in which Apricitae Boutique is headquartered. You and Apricitae Boutique consent to the exclusive venue and personal jurisdiction of the applicable federal and state courts in that jurisdiction.

Section 23 — Headings

Section headings used throughout this agreement are included for organizational convenience only and shall not affect the interpretation or scope of any provision.

Section 24 — Amendments to These Terms

The most current version of these Terms of Service is always available for review on this page.

We reserve the right, at our sole discretion, to update, revise, or replace any portion of these Terms at any time by posting the amended version to our website. You are responsible for reviewing this page periodically for updates. Where required by applicable law, we will notify you of material changes, which will take effect on the date specified in that notice. Your continued use of the Services following any posted changes constitutes your acceptance of the revised Terms.