Terms and Conditions
Terms and Conditions
Updated on 1 August 2023
Please take the time to read these Terms and Conditions (“Terms”) before using, visiting, viewing, purchasing from, or accessing Shirley's Girl, https://shirleysgirl.com and its sub-domains, affiliated sites and social media pages and Shirley's Girl’s accounts on Facebook and Instagram ("Site" / "Sites").
The Sites and all of the audio, visual, and written resources and information contained therein, including but not limited to blog posts, designs, documents, e-mails received from Shirley's Girl / Anne Robley, e-mail lists and sequences, courses, recordings, templates, contracts, forms, guides, e-books, workbooks, website materials, products and tools (“Contents and/or Products”) are owned by Anne Robley (“We”, “Us” Our”).
These terms apply to all Users, Visitors, Viewers, Subscribers, Clients, and/or Customers of our Sites (“User”, “You”, and/or “Your”) and govern your use of, access to, and/or purchase from our Sites.
YOUR CONSENT
By using, visiting, viewing, downloading, purchasing, and/or accessing our Contents and/or Products, you consent and agree to be bound by these Terms.
You further warrant and acknowledge reading these Terms or, at the very least, had the opportunity to read them and chose not to do so.
You represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you can only access, view or purchase anything from our Sites with the consent of your parent or guardian.
If you do not agree to ALL of these Terms, you are prohibited from using, visiting, viewing, downloading, purchasing, or accessing any of our Contents and/or Products.
RULES THAT APPLY TO OUR SITES
When you use, visit, view, download, purchase from, and/or access our Sites, you agree:
- Not to harm, stalk, defame, threaten, offend, harass, abuse, or violate another person's privacy or legal rights through or on our Sites.
- Not to post, upload, distribute, publish, or disseminate any names, materials, or information that is considered inappropriate, defamatory, obscene, unlawful, or indecent.
- Not to use our Site in any way that will cause damage to us, our Site, or any of our users.
- Not to send unsolicited e-mails to our users.
- Not to transmit or post unwanted or unsolicited content to promote or sell your products or services.
- Not to upload any files that contain viruses or worms that may destroy our operations or that of another user.
- Not to transmit, share, download, copy, or post any content that infringes our intellectual property rights and that of other persons.
- Not to use any of our Contents and/or Products to violate any laws or regulations.
We reserve the right to disclose any materials you posted or information you provided on our Sites to comply with any legal or governmental requests.
PERSONAL INFORMATION
To download or purchase our Contents and/or Products, you may be required to provide personal information about yourself, including but not limited to your name, e-mail address, billing address, payment details, and other personal information. Any identifiable information you provide us is governed by our Privacy Policy, which you can access here.
You agree to give only your own complete, accurate, correct, and up-to-date information.
You shall not create a false identity or sign an agreement as someone else when using, visiting, viewing, downloading, purchasing, and/or accessing our Sites.
While we strive to protect your personal information, no data transmission over the web can be guaranteed to be 100% secure. You agree that we cannot warrant the security of any information you transmit via the internet. You do so at your own risk when you share personal information.
DISCLAIMERS
Product Disclaimer
Shirley’s Girls’ Ornaments and Products are not suitable for small children or pets. Supervision of an adult is necessary if our products will be gifted to or used by children.
All of our products are handcrafted/handmade, hand painted and unique. Product color, texture, or size may vary from the images shown on our website.
Our products are made with natural, up-cycled and recycled materials. As with any natural, up-cycled or recycled materials, there may be variations, imperfections or flaws.
As every monitor or mobile display has a different capability to display colors, textures, or sizes; every individual may see these descriptions differently. In addition, lighting conditions when the photo was taken can affect an image's color, texture, or size.
Although we take great care to represent and describe our products, the Product Descriptions contained on our Sites may have errors. We do not warrant that the descriptions are accurate, current, or error-free. We cannot guarantee that the color, texture, or size you see accurately portrays the product's actual color, texture, or size.
Testimonials, Feedback, and Positive Reviews are but examples
The testimonials, reviews, opinions and statements presented on our Sites apply to the individuals depicted. They are examples and there is no guarantee that you will feel the same or appreciate our Products as other Users.
We do not claim that they are typical results and the testimonials given are not necessarily representative of all those who purchase our Products.
The testimonials displayed are verbatim, except for correcting grammatical or typographical errors. Some have been shortened if the testimonial is lengthy or the entire testimonial seems irrelevant to the general public.
Fair Use Notice
We are aware that allowance is made for “fair use” for purposes such as criticism, comment, news reporting, scholarship, teaching, and research.
We do not own all our Content, and it is possible that we used Content owned by another person or entity. All rights and credit go directly to the rightful owners. We do not intend to infringe on the copyrights of others.
If you wish to use copyrighted material from our Site for purposes of your own beyond “fair use”, you must obtain permission from the copyright owner or us.
We do not guarantee or warrant any of our Contents or Products and/or Services
While we make every effort to ensure that accurate information is disseminated on our Sites, we make no representation about the Contents, Products and/or Services and their suitability to any and every purpose.
Our Contents, Products and/or Services are provided “as is” and without an express or implied warrant.
Any representation or warranty that might be otherwise implied is expressly disclaimed, including but not limited to implied warranties of merchantability and fitness for any particular purpose and all warranties arising from a course of performance, course of dealing, or usage in trade.
We do not warrant that the Contents, Products and/or Services we provide are complete, reliable, current, or error-free. We do not warrant the accuracy, completeness, or reliability of any Third-Party Links or services you may find on our Sites. Any reliance you place on said Links, Contents and/or Products is, therefore strictly at your own risk.
You alone are Personally Responsible for your Actions
You acknowledge that you voluntarily used, viewed, purchased, subscribed to, downloaded from or accessed our Sites, Contents and/or Products. You alone are responsible for your choices, actions, and inactions. You agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation from our Sites.
You agree that we are not liable to you or any third party
To the fullest extent permitted by applicable laws, you agree that we are not liable to you or others in any way or for any direct, indirect, special, incidental, consequential or punitive damages or claims arising out of your use, visit, subscription to, download from, purchase from or access of our Sites, Contents and/or Products, including but not limited to, liability or damages caused by viruses contained in electronic files in our Sites or any linked Sites, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or your inability to access or Sites.
You hereby release, forgive, forever discharge Shirley's Girl / Anne Robley our employees, agents, contracts and subcontracts, from all claims including those related to personal or business interruptions, misapplication or information.
You agree that your sole remedy for any claim arising out of your use of our Sites, Contents and/or Services is to cease using them.
WORKING HOURS
Our working hours are Monday/Tuesday from 9:00 - 17:00 CET and Thursday 9:00 - 13:00 CET We do not answer e-mails, messages, or calls outside our working hours. We do not answer e-mails, messages, or calls during Public Holidays and announced Vacation/temporary closure.
PROMPT COMMUNICATIONS
All queries or clarifications from us regarding your order must be promptly responded to within seven (7) days from the time we sent the communication.
If we don't get a response, we will send reminder e-mails twice. If we do not receive a reply after the reminder e-mails are dispatched, we will assume that you do not want to proceed with your order and will terminate it immediately. No refunds for any amounts paid will be entertained in case we terminate the services and/or refuse to deliver products, per this provision.
HOW TO ORDER FROM US
You may inquire about our products through our website or by filling out the inquiry form, an e-mail, or sending a direct message on any of our social media Sites. In case you send us an e-mail/message, we will strive to respond with a quotation/offer in accordance with our communications policy above. If you do not receive any reply from us within seven (7) working days, please re-send your e-mail/message.
Orders and Purchases are deemed accepted, and sales are considered final only when we ship your order/s.
SHIPPING POLICIES
We use Swiss Post to ship all orders. Usually, except for rush and custom orders, we will ship between three (3) to seven (7) business days from when we confirm your order. We will choose the Priority Shipping option, if available. You accept that we do not have any control over the delivery schedule of Swiss Post and other carriers we may use.
We reserve the right to change delivery and dispatch timelines during peak seasons such as Christmas and Holidays.
RUSH ORDERS
Please get in touch with us first at anne@shirleysgirl.com before placing orders that need to be dispatched sooner than our usual shipping timeline.
PAYMENT TERMS
When you Download or Purchase any of our Products, you may use Twint or PayPal.
Unless otherwise provided, all fees must be paid in full before we commence any service.
If your payment method is declined, we will give you a grace period of two (2) days to settle your account. After which, you will automatically lose access to any of our Contents and/or Products you purchased without a refund of payments already made. The total cost of your purchase is still due, and you remain responsible for settling it despite your payment method being declined.
We do not entertain, tolerate or accept threats or actual chargeback from your credit card company placed on your purchase or download of any of our Services and/or Contents.
Should you request a chargeback, we reserve the right to report you to all credit card reporting agencies (CRA) or any other entity for inclusion in any chargeback or delinquent account database.
Our report, which includes your name, e-mail address, and billing address, could negatively impact your credit score/credit report.
You can only have the report removed by contacting us at anne@shirleysgirl.com and arranging for the payment of any outstanding payment including administrative fees we will impose, of not less than 150.00 CHF, to cover the time we spent defending ourselves from your chargeback.
VAT
You may be liable to pay the VAT when you purchase from our Site. You are responsible for determining the VAT rules where you reside.
INTERESTS AND REMINDER FEES
In case of non-payment of any fees or charges due, we shall attempt to send reminder e-mails.
We will impose a fee of 20.00 CHF per reminder mail sent on top of the outstanding payments.
We will also impose interests in accordance with the prevailing interest rates.
CANCELLATION BY THE CLIENT
We do not allow cancellations. Please be sure that you are decided before purchasing any of our products.
If you reside in the European Union or the UK, you have the right to cancel within fourteen (14) days from the date of purchase, also known as the "cooling-off period."
However, this right only applies if your product is NOT handmade, personalized or a custom order, in which case, you give up your right to cancel.
NO REFUNDS
Due to the nature of our Services, you agree that all sales are final. You agree and understand that no refunds shall be issued for whatever reason. If you have concerns or if there is anything we can do to ensure your satisfaction, please e-mail us at anne@shirleysgirl.com.
If you are a resident of the European Union or the UK, you can exercise your right to withdraw only if you did not personalize a product. By ordering a handmade, personalized or custom order, you give up your right to a refund.
WE WILL CONTACT YOU IF WE CANCEL YOUR ORDER/S
We reserve the right to refuse, modify or cancel any orders, at our discretion. In such event, we will attempt to notify you using the email address or phone number you provided at the time the booking was made.
Unless the reason for cancellation is breach of our terms as enumerated in this document or any contract you signed with us, we will only issue you a pro-rated refund for fees paid for unused sessions.
INTELLECTUAL PROPERTY
The Site, Contents and Products all other information and Intellectual Property, including without limitation, copyrights, trademarks, designs, patents, trade secrets, and proprietary information, accessible on or through our Sites, any third-party websites we may use to distribute or host our Sites, Contents and/or Products, as well as e-mails we send to you, are owned by us and are protected by copyright, trademark, and other intellectual property laws.
Our name, the course, service and product names, logos, designs, taglines, and slogans are our trademarks which you cannot use without our written permission.
By using, visiting, viewing, downloading, purchasing, and or accessing any of our Content, and/or Products, you do not gain any right, title, or interest in the said intellectual property unless we otherwise grant you rights through prior written authorization.
Any violation of our intellectual property rights and the Terms contained in this provision, including but not limited to unauthorized use, reproduction, copying, or dissemination of any of our Contents and/or Products, shall be prosecuted to the fullest extent of the law.
LIMITED RIGHTS GRANTED TO YOU
When you purchase and/or download any of our Content or Products, you are only granted a non-exclusive, non-transferable, limited, and revocable license that covers personal use.
Unless otherwise authorized, you cannot copy, share, forward, distribute, reproduce, republish, or otherwise disseminate, sell, license, rent, adapt, edit, translate, enhance, reverse engineer, or create derivative works from any of our Contents and/or Products.
Any violation of the Terms contained in this section shall be considered infringement and shall be prosecuted to the fullest extent of the law. We reserve any rights that are not expressly granted in these Terms.
CONTENT SHARING
You may share our Content found on our Sites without asking permission from us provided that the following terms are complied with:
- You may only share our content for personal use
- You will directly link to our Site or social media account.
- You will credit us should you share our content on your blog, Site, social media account, or a third party's blog, Site, or Social Media Accounts.
- You may not represent, claim, or imply that you are in any way associated with Shirley's Girl.
- You are not allowed to represent or imply that the Content is yours or was created for you.
UNAUTHORIZED USE
If you use any of our Contents and/or Products without our express authorization or contrary to the authorization we granted, you agree to pay liquidated damages of three (3) times the total fees you paid, or a minimum of 2,000.00 CHF, whichever is higher, in addition to other remedies that we may be entitled to pursue.
PIRACY
In case you violate or threaten to violate any of our intellectual property rights, titles, or interests through acts such as but not limited to pirating, enhancing, reverse engineering, usurping, or creating derivative works of our Contents, or Services, you agree to indemnify, pay and transfer to us all the earnings you gained or will gain through such violations, acts or negligence.
You further agree that we do not need to prove any pecuniary damage on our part, it being sufficient that we prove that you violated or threatened to violate any of our intellectual property rights, titles, or interests.
You likewise agree to indemnify us in the case through your acts or negligence, another person can make use, disseminate, distribute, or share our Contents and/or Products or engage in any act that violates our intellectual property rights, title, or interests.
You recognize that any violation or threatened violation of our Intellectual Property Rights, titles, or interests would cause irreparable injury to our business and reputation, which damages may not adequately compensate. Therefore, you agree that any such violation or threatened violation will entitle us to obtain injunctive relief without having to file a bond and other legal remedies we may pursue.
YOUR POSTS AND RECORDINGS OF GROUP/PERSONAL CALLS
When you submit comments, photos, posts, images, videos, or other contributions ("Media") to our Sites or any third-party Sites that we operate, you represent that you are the owner of such Media and that you are at least 18 years of age.
You also permit us to take your photographs and make video and/or audio recordings of you ("Photographs and Recordings") during our calls, webinars, workshops, or any other communications ("Communications")
You grant to us, or any of our contracts or subcontracts, unlimited, royalty-free, irrevocable, unrestricted, non-exclusive license to print, copy, use, transmit, exploit, modify, create derivative works from, display your Media, Photographs, and Recordings in any manner, or for any purpose, and to include them in our current or future Services, and/or Products.
You authorize us to use your Photographs, Recordings, and Media, including your image and likeness, and to identify you as the person in the Photographs or Recordings or the individual or author who submitted the Media. We can identify you either by your name, e-mail address, social media handle, or screen name, for any purposes, including marketing, advertising, or commercial activities.
At any time, or for any reason, we can elect to cease using your Media, Photographs, and/or Recordings.
You further agree to grant us intellectual property rights to your Media, Photographs, and Recording without the need to ask permission or to compensate you, now or at any time in the future.
TERMINATION
In case you abuse, breach, or violate any of these Terms, our Privacy Policy, and any other terms you agreed to with us, we will terminate your use or access to our Sites, Products and/or Services, without refund, at our sole discretion and without the need to notify you.
We will not be responsible for any claims, damage, or liability you may suffer arising from or in connection with such exclusion or discontinuance.
MODIFICATION OF OUR PRODUCTS AND PRICES
We reserve the right to modify our products, descriptions of products, and prices or discontinue any product, or any part thereof without notice to you and at our sole discretion.
We further reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction.
We shall not be liable to you or any third party for any damage, loss, or injury you may suffer by virtue of any modification, price change, suspension, or discontinuance of our Products.
INDEMNIFICATION / HOLD HARMLESS
You agree to indemnify, defend and hold harmless Shirley's Girl / Anne Robley our affiliates, officers, agents, contractors, licensors, service providers, suppliers, interns, and employees from any claim or demand, including reasonable attorney's fees, made by any third party due to, or arising out of your breach of the Terms or your violation of any law or rights of any third parties.
ASSIGNMENT OF RIGHTS
You agree that we can assign, transfer, and subcontract our rights and/or our obligations as stated under these Terms without having to notify you or wait for your consent. You are not allowed to assign, transfer and/or subcontract your rights and/or obligations stated under these Terms.
NON-DISPARAGEMENT
Complaints and Grievances are to be settled under the next Section. You may not post or publish disparaging or defamatory remarks about the us, our business, or our services.
COMPLAINTS AND ARBITRATION CLAUSE
If you have any complaints or grievances, contact us first at anne@shirelysgirl.com so that we can resolve the dispute with you, to our mutual satisfaction, as quickly and effectively as possible.
If we cannot amicably resolve the dispute, you agree to submit it to a binding arbitration to occur in or nearest Zürich / Switzerland.
You agree and hereby waive any right to class arbitration. You further agree to conduct an arbitration solely based on your individual claim and/or entirely related to your claims against us.
The arbitral proceedings shall be concluded in English.
You further agree that you shall be responsible for all the costs associated with initiating the arbitration proceedings and all related administration costs.
You hereby understand and agree that you are waiving your right to a jury trial in any court of any jurisdiction, which would otherwise be available to you if not for this Arbitration Clause.
Any award or judgment that the arbitrator issues shall be binding. The only award that can be issued to you is a refund of any payment made to us for the particular Service, Course, or Product that you purchased from us. You agree that you are not permitted to seek additional damages, consequential, punitive, or otherwise.
NO RELATIONSHIP CREATED
You agree that by using our Contents and/or Products, no joint venture, employment, or agency relationship is created between you and us.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Shirley's Girl pertaining to our Sites or Products. These Terms supersede all prior or contemporaneous agreements, representations, proposals, and understandings between us.
SEVERABILITY
If any provisions of these Terms are held invalid, illegal, or unenforceable, any other provisions or part thereof not affected shall remain valid, in full force and effect. The provision rendered invalid, illegal, or unenforceable shall be changed or interpreted to best accomplish the objectives and purpose of the whole provision and/or these Terms.
CHANGES TO THESE TERMS
We reserve the right to update, replace, or change any part/s of these Terms without having to notify you personally. It is your responsibility to check these changes and to update yourself.
Any new Contents and/or Products we add to our Sites shall be subject to these Terms. By remaining and continuously using and/or purchasing from our Site after we posted the modifications, you are deemed to have implicitly and voluntarily accepted the changes to these Terms.
CONSENT TO GOVERNING LAW AND JURISDICTION
These Terms, claims, or disputes arising out of it shall be governed by the laws of Switzerland, without regard to, its conflict of laws rules.
QUESTIONS AND CONCERNS
If you have any questions or concerns regarding these Terms and Conditions, please get in touch with us: anne@shirleysgirl.com