Terms of service
Welcome to Swoon. The terms “we,” “us,” and “our” refer to Swoon Wellness, Inc., doing business as Swoon.
Swoon operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience collectively referred to as the “Services.” Swoon is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced herein, collectively constitute these “Terms of Service” or “Terms” and describe your rights and responsibilities when you access or use the Services.
Please read these Terms carefully. They contain important information regarding your legal rights and obligations, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you must not access or use the Services.
ORDERS
When you place an order, you are making an offer to purchase products from Swoon. We reserve the right to accept, reject, limit, or cancel your order for any lawful reason and at our discretion.
Your order is not considered accepted until we confirm its acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it. Once an order enters processing or fulfillment, we may be unable to accommodate modification or cancellation requests.
If we reject, modify, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided with the order.
Purchases are subject to our Refund Policy.
You represent and warrant that purchases made through the Services are for your personal or household use and not for unauthorized commercial resale or export.
SHIPPING AND DELIVERY
Orders are processed and delivered in accordance with our Shipping Policy.
Shipping and delivery dates are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs authorities, incorrect or incomplete delivery information, weather conditions, service interruptions, or other events outside our reasonable control.
Once an order has been transferred to the applicable shipping carrier, responsibility for delivery passes to the carrier to the extent permitted by applicable law.
Nothing in this section limits any rights you may have under applicable consumer-protection laws.
RELATIONSHIP WITH SHOPIFY
Swoon is powered by Shopify, which enables us to provide the Services to you. However, any purchases you make through our store are transactions directly between you and Swoon.
By using the Services, you acknowledge that Shopify is not the seller of the products offered by Swoon and is not responsible for any aspect of the transaction between you and Swoon, including any injury, loss, or damage arising from products purchased through our store.
To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims arising directly from your purchases and transactions with Swoon.
PRIVACY POLICY
Personal information collected through the Services is processed in accordance with our Privacy Policy.
Because the Services are hosted by Shopify, Shopify may also collect and process personal information relating to your access to and use of the Services. Shopify’s processing of personal information is governed by its own privacy policies.
By using the Services, you acknowledge that information submitted through the Services may be transmitted to and processed by Shopify and other service providers, including providers located outside the country in which you reside, as necessary to operate, support, secure, and improve the Services.
Please review our Privacy Policy for additional information regarding how Swoon, Shopify, and our service providers collect, use, disclose, and protect personal information.
DISCLAIMER OF WARRANTIES
The information presented through the Services is provided for general informational purposes. We do not guarantee that information available through the Services is accurate, complete, current, or suitable for any particular purpose.
Any reliance you place on information made available through the Services is at your own risk.
EXCEPT AS EXPRESSLY STATED BY SWOON AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE 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.
This includes implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee that the Services will always be available, uninterrupted, timely, secure, or error-free.
Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, some or all of the exclusions above may not apply to you.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWOON WELLNESS, INC., ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
This includes lost profits, lost revenue, lost savings, loss of data, replacement costs, business interruption, or similar damages arising from or relating to:
- Your use of or inability to use the Services.
- Products purchased through the Services.
- Errors or omissions in content.
- Unauthorized access to or alteration of your information.
- Any content or product made available through the Services.
These limitations apply regardless of the legal theory asserted and even if we were advised that such damages were possible.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.
GOVERNING LAW
These Terms and any separate agreements through which we provide the Services are governed by the laws of the State of Florida, without regard to conflict-of-law principles.
To the extent permitted by applicable law, you and Swoon consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida.
Nothing in this section limits any mandatory rights or protections available to you under the laws of your place of residence.
CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
Swoon Wellness, Inc.
Doing business as Swoon
2665 S Bayshore Drive
Miami, Florida 33133
United States
General support: support@heyswoon.com