Terms of service

OVERVIEW

Welcome to SIMPLY INDIE. The terms “we,” “us,” and “our” refer to SIMPLY INDIE.

SIMPLY INDIE operates this online store and website, including all related information, content, features, tools, products, and services provided through the website (collectively, the “Services”), to provide you with a curated shopping experience. SIMPLY INDIE is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you use our Services.

Please read these Terms carefully, as they contain important information about your legal rights and responsibilities, 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 with these Terms or our Privacy Policy, you should not access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority applicable to you and that you have the legal capacity to enter into these Terms.

To use certain features of the Services, including purchasing products, you may be asked to provide information such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide to us is accurate, current, and complete and that you have the right to provide such information.

You are responsible for maintaining the confidentiality and security of your account credentials and for activities carried out through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to display and describe our products as accurately as possible. However, colours, textures, patterns, and product appearance may vary depending on your device, screen settings, lighting, and other factors.

Product images are provided for representation purposes, and minor variations may occur between photographs and the actual product.

Product descriptions, specifications, availability, and pricing may be updated from time to time. We reserve the right to modify, discontinue, or limit the availability or quantity of any product at our discretion.

SECTION 3 - ORDERS

When you place an order through our website, you are requesting to purchase the selected products.

SIMPLY INDIE reserves the right to accept, decline, or cancel an order where reasonably necessary, including in cases involving product availability, pricing or description errors, suspected fraudulent activity, payment issues, or other circumstances that prevent us from fulfilling the order.

Your order will be considered accepted when we provide an order confirmation.

Please review your order carefully before submitting it. Cancellation requests may not be possible once an order has been processed or shipped.

If we cancel or make a material change to an order, we will make reasonable efforts to notify you using the contact information provided with the order.

Returns, exchanges, and refunds are subject to our Returns & Refund Policy.

Products purchased through our website are intended for personal or household use and not for unauthorised commercial resale.

SECTION 4 - PRICES AND BILLING

Product prices, discounts, and promotional offers may change from time to time.

The price applicable to your purchase will be the price displayed on our website at the time the order is placed, subject to any applicable taxes, shipping charges, or promotional terms shown during checkout.

Where applicable, taxes and shipping charges will be displayed during the checkout process.

Promotional offers may have additional terms and conditions. If there is a conflict between the terms of a specific promotion and these Terms, the specific promotional terms will apply to that promotion.

You agree to provide accurate and complete purchase, payment, and contact information and to keep such information up to date where necessary to complete your transactions and communicate with you.

You represent that you are authorised to use the payment method provided for your purchase.

SECTION 5 - SHIPPING AND DELIVERY

We aim to process and deliver orders within the timeframes stated in our Shipping Policy. Delivery times are estimates and may vary depending on the shipping carrier, location, weather, operational issues, or circumstances beyond our reasonable control.

Once an order has been handed over to the shipping carrier, delivery is subject to the carrier’s processes and timelines.

We will make reasonable efforts to assist with delayed, lost, or damaged shipments in accordance with our Shipping Policy and applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services and their contents, including but not limited to our trademarks, brand name, logos, text, photographs, graphics, product images, videos, audio, product descriptions, designs, and overall website presentation, are owned by SIMPLY INDIE or used with permission and are protected by applicable intellectual property laws.

These Terms allow you to use our Services for personal and non-commercial purposes only.

You may not reproduce, copy, distribute, modify, publish, transmit, display, sell, create derivative works from, or otherwise commercially exploit any content from our Services without our prior written permission.

SIMPLY INDIE’s name, logo, product names, designs, slogans, and other brand elements may not be used without our prior written permission.

Shopify’s name, logo, and trademarks belong to Shopify. Other names and trademarks appearing on our Services belong to their respective owners.

All rights not expressly granted under these Terms are reserved by SIMPLY INDIE.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools or services as part of our Services.

Such tools may be provided by third parties, and we may not monitor or control their operation, availability, or functionality.

Third-party tools are provided on an “as is” and “as available” basis, subject to the applicable terms of the third-party provider.

Your use of such tools is at your own discretion and subject to the terms and conditions of the relevant third-party provider.

We may introduce new features, tools, or services in the future. Any such features will also be subject to these Terms unless otherwise stated.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links or functionality provided by third parties.

We are not responsible for the content, accuracy, availability, privacy practices, or policies of third-party websites or services.

If you choose to access a third-party website or service, you do so at your own risk and should review its terms and privacy policies before using it.

Any complaints, claims, or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

SIMPLY INDIE is powered by Shopify, which enables us to provide the Services to you.

Any purchases made through our website are transactions between you and SIMPLY INDIE. Shopify is not responsible for the products sold by SIMPLY INDIE or for the fulfilment of orders placed with us.

By using our Services, you acknowledge that Shopify and its affiliates are not responsible for disputes, claims, losses, or liabilities arising directly from transactions between you and SIMPLY INDIE, to the extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

Personal information collected through our Services is handled in accordance with our Privacy Policy.

By using our Services, you acknowledge that you have reviewed our Privacy Policy.

Because our Services are hosted by Shopify, Shopify may collect and process certain information relating to your access to and use of our Services. Information submitted through our website may be processed or shared with Shopify and other service providers as necessary to provide our Services.

Please refer to our Privacy Policy for additional information about how SIMPLY INDIE, Shopify, and relevant service providers handle personal information.

SECTION 11 - FEEDBACK

If you submit reviews, suggestions, comments, ideas, photographs, feedback, or other content to SIMPLY INDIE (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, publish, display, and distribute that Feedback for purposes related to operating, improving, and promoting our Services, subject to applicable law.

You represent that you have the necessary rights to submit the Feedback and that your Feedback does not violate the rights of another person or entity.

You must not submit Feedback that is unlawful, misleading, defamatory, abusive, obscene, threatening, infringing, or contains malicious software.

We reserve the right to remove or refuse Feedback that violates these Terms or applicable law.

You are responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update information at any time.

Where permitted by applicable law, we may also cancel or modify an order affected by a material error and will make reasonable efforts to notify you if this occurs.

SECTION 13 - PROHIBITED USES

You may use our Services only for lawful purposes.

You must not use the Services:

(a) for any unlawful or fraudulent purpose;

(b) to violate applicable laws or regulations;

(c) to infringe our intellectual property rights or the rights of others;

(d) to harass, abuse, threaten, defame, or harm another person;

(e) to submit false or misleading information;

(f) to distribute spam, malicious software, or other harmful material;

(g) to impersonate another person or entity;

(h) to interfere with the normal operation or security of the Services;

(i) to attempt to gain unauthorised access to our systems or accounts; or

(j) to use automated methods to access, copy, scrape, or extract substantial portions of our Services without our permission, except where permitted by applicable law or expressly authorised by us.

You must not upload or transmit viruses, malicious code, or other harmful material.

We reserve the right to suspend or terminate access to our Services where we reasonably believe that a user has violated these Terms or applicable law.

SECTION 14 - AGENTS

This section applies if you use, allow, enable, or cause the deployment of an automated software agent to access, use, or interact with our Services.

An “Agent” means software or a service capable of taking autonomous or semi-autonomous actions on behalf of a person or entity.

Agents must not misrepresent themselves as human users or attempt to bypass security, access controls, CAPTCHA systems, or other technical measures designed to control access to our Services.

We may use technical measures to limit or restrict automated access to our Services where reasonably necessary to protect the website, our customers, or our business.

SECTION 15 - TERMINATION

We may suspend or terminate your access to our Services where permitted by applicable law, including where you materially breach these Terms or engage in unlawful, fraudulent, abusive, or harmful conduct.

Termination does not affect any rights or obligations that arose before termination.

The provisions relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination will continue to apply after termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information provided through our Services is made available for general informational purposes.

While we make reasonable efforts to keep our Services accurate and available, we do not guarantee that the Services will always be uninterrupted, error-free, complete, or current.

To the fullest extent permitted by applicable law, our Services and products are provided on an “as is” and “as available” basis, except where otherwise expressly stated or required by applicable law.

Nothing in these Terms is intended to exclude or limit any consumer rights or warranties that cannot legally be excluded or limited under applicable law.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, SIMPLY INDIE and its owners, employees, contractors, service providers, affiliates, and licensors will not be liable for indirect, incidental, special, consequential, or punitive losses arising from your use of the Services or products purchased through the Services.

This may include loss of profits, revenue, data, or business opportunities, except where such limitation is prohibited by applicable law.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless SIMPLY INDIE, its owners, employees, contractors, service providers, affiliates, and licensors from claims, losses, damages, liabilities, and reasonable costs arising from:

1. your material breach of these Terms;

2. your violation of applicable law; or

3. your misuse of the Services.

This obligation does not apply to the extent that the claim results from our own unlawful conduct or from circumstances where applicable law does not permit such an indemnification obligation.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the remaining provisions will continue to remain in effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

If we do not enforce a particular provision of these Terms, that does not mean we waive our right to enforce it later.

These Terms, together with our Privacy Policy, Returns & Refund Policy, Shipping Policy, and other policies referenced on our website, constitute the agreement between you and SIMPLY INDIE regarding your use of the Services.

These Terms replace any previous agreements or communications relating to your use of the Services.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where permitted by applicable law.

SIMPLY INDIE may transfer or assign its rights and obligations under these Terms where permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services to you shall be governed by and interpreted in accordance with the laws of India and applicable laws of the State of Maharashtra.

Subject to applicable law, disputes arising in connection with these Terms or the Services shall be subject to the jurisdiction of the competent courts in Mumbai, Maharashtra, India.

SECTION 23 - HEADINGS

The headings used in these Terms are provided for convenience only and do not affect the meaning or interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of our Terms of Service on this page at any time.

We reserve the right to update, modify, or replace any part of these Terms by posting an updated version on our website.

It is your responsibility to review these Terms periodically for changes.

Where required by applicable law, we will provide appropriate notice of material changes. Your continued use of the Services after updated Terms are posted constitutes acceptance of the updated Terms, to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at simplyindie1work@gmail.com.

Our contact information is:

SIMPLY INDIE
Email: simplyindie1work@gmail.com
Phone: +91 9022502617

Business Address:
SIMPLY INDIE
Thakur Village, Kandivali East
Singh Estate, near Hanuman Mandir
Sarova Complex
Mumbai, Maharashtra 400101
India