Terms of service

OVERVIEW
Welcome to Nuances & Co.! The terms “we”, “us”, and “our” refer to Nuances & Co. Nuances & Co. operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, as a customer, with a personalized shopping experience (the “Services”). Nuances & Co. uses the Shopify platform to provide the Services.
These terms and conditions, together with any policies referenced in them (the “Terms of Use” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Use carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Use, you represent that you are at least the 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 any devices that you own, purchase, or manage.
To use the Services, including to access or browse our online stores or to purchase any products or services we offer, you may be asked to provide certain information, such as your email address and 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.

ARTICLE 2 - OUR PRODUCTS
We have made every effort to display our products and services accurately in our online stores. Please note, however, that product colours or appearance may differ from what appears on your screen due to the type of device you use to access the store and its settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to what is displayed or represented 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 the sale of 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.

ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Nuances & Co. reserves the right to accept or decline your order for any reason at its discretion. Your order is not considered accepted until Nuances & Co. confirms it in writing. We must receive and process your payment before your order is validated. Please review your order carefully before submitting it, as Nuances & Co. may not be able to accommodate cancellation requests once an order is confirmed. If we refuse, modify, or cancel your order, we will attempt to contact you using the email address, billing address, and/or telephone number provided with the order.
Your purchases are subject to return or exchange terms in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

ARTICLE 4 - PRICES 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 at the time of the order and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping charges, handling charges, customs duties, or import fees.
Prices displayed in our online stores may differ from prices offered in our physical stores or on other third-party online platforms. From time to time, we may offer promotions on our Services that may affect pricing and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and 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 their expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) your credit-card information is accurate, correct, and complete; (ii) you are authorized to use that 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 shipping and handling charges and all applicable taxes.

ARTICLE 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 formalities, or events beyond our control. Once the products are handed over to the carrier, title and risk of loss pass to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including, without limitation, all trademarks, marks, text, displays, images, graphics, product reviews, videos, audio content, and their design, selection, and arrangement, are the exclusive property of Nuances & Co., its affiliates, or its licensors. They are protected by United States and foreign patent, copyright, and intellectual-property laws.
These Terms authorize you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material found on the Services without our prior written consent. Except as expressly provided in these Terms, nothing shall be construed as granting you a licence or other right in any patent, trademark, copyright, or other intellectual property of Nuances & Co., Shopify, or any third party. Any unauthorized use of the Services may violate federal and state intellectual-property laws. All rights not expressly granted in these Terms are reserved by Nuances & Co.
The names, logos, product and service names, designs, and slogans of Nuances & Co. are trademarks of Nuances & Co., its affiliates, or its licensors. You may not use them without Nuances & Co.’s prior written permission. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS
You may be given access to customer tools offered by third parties as part of the Services, tools 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 any endorsement by us. We disclaim all liability arising from or relating to your use of optional third-party tools.
Your use of optional tools made available through the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and approve the terms on which those tools are provided by the relevant third-party provider or providers.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will be considered part of the Services and will be subject to these Terms of Use.

ARTICLE 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 any third-party materials or websites you choose to access. If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.
We disclaim all liability for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content on such websites. We encourage you to review third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
Nuances & Co. is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our Store are made directly with Nuances & Co. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Nuances & Co., including any damage, injury, or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, or liabilities arising out of or related to your purchase and transaction with Nuances & Co.

ARTICLE 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 about your access to and use of the Services in order to provide and improve them. Information you submit through the Services will be transmitted to and shared with Shopify and with third parties that may be located in countries other than the one in which you reside, in order to provide the Services to you. Please see our Privacy Policy for more details about how we, Shopify, and our partners use your personal information.

ARTICLE 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, non-exclusive licence to use, reproduce, modify, publish, distribute, and display that Feedback for any purpose, including commercial purposes. For example, we may use our rights under this licence to operate, provide, evaluate, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms of Use.
You further 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 the submission of your Feedback; and (iii) your Feedback complies with these Terms. We are and will be under no obligation: (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but are under no obligation to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual-property rights or these Terms of Use.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, data-protection, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or any computer virus or malware 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 as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility and shall not be liable for any Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain information with typographical errors, inaccuracies, or omissions, including with respect to product descriptions, prices, promotions, offers, shipping charges, 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 if any information is inaccurate, at any time and without notice (including after you have submitted your order).

ARTICLE 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 any unlawful or malicious purpose; (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 Nuances & Co., Shopify, or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to submit 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 procure the sending of any advertising or promotional material, including “junk mail”, “chain letters”, “spam”, or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by us, may harm Nuances & Co., Shopify, users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use spam, phishing, pharming, or pretexting practices through the Services; (e) use robots, 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, circumvent, or disable security or authorization features, robot-exclusion headers, or any other measures we put in place 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.

ARTICLE 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, authorize, enable, or cause an Agent to be deployed to access, use, or interact with the Services. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of, or at the instruction 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 continuously identifies itself and operates in strict compliance with the requirements set out in section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have asked that Agent to refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how an Agent accesses, uses, or interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, disclose that the request originates from an Agent and disclose the Agent’s name by including the following in the user-agent string: “Agent/[agent name]”; (ii) not conceal or misrepresent 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) answer truthfully 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, limit, modify, or control Agents’ access to, use of, or interaction with the Services.

ARTICLE 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services (or any part of them), in our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections will remain applicable after any 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.

ARTICLE 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all responsibility and liability for any consequences arising from reliance on such materials by you, any other visitor to the Services, or anyone who may be informed of their contents.
UNLESS EXPRESSLY STATED BY NUANCES & CO., THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER 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 THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

ARTICLE 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NUANCES & CO., OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, 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 THE USE OF 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.

ARTICLE 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Nuances & Co., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys’ fees, brought by a third party and arising from: (1) your breach of these Terms of Use 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 indemnity, provided that a failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of any claim at your expense, including the selection of legal counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (which may not be unreasonably withheld). You will cooperate in the defence of claims covered by this indemnity, including by providing relevant documents.

ARTICLE 19 - SEVERABILITY
If any provision of these Terms of Use is held to be unlawful, void, or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Use. Such determination will not affect the validity and enforceability of any remaining provisions.

ARTICLE 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision.
These Terms of Use, together with any policies or operating rules posted by us on this site or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

ARTICLE 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 unauthorized attempt to assign is void and of no effect. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 - GOVERNING LAW
These Terms of Use and any separate agreement through which we provide the Services to you shall be governed by and construed in accordance with the federal laws and the state or territorial laws of the courts having jurisdiction in the jurisdiction where Nuances & Co. has its headquarters. You and Nuances & Co. expressly consent to the territorial and personal jurisdiction of those courts.

ARTICLE 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not affect or limit the interpretation of these Terms.

ARTICLE 24 - CHANGES TO THE TERMS OF USE
You can review the most current version of the Terms of Use 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 Use by posting updates and changes on our website. It is your responsibility to check our website 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 following the posting of changes to these Terms constitutes acceptance of those changes.

ARTICLE 25 - CONTACT INFORMATION
For any questions about these Terms of Use, please contact us at: info@nuancesco.ca.
Our contact information is set out below:
Nuances & Co.
info@nuancesco.ca