Terms of service
OVERVIEW
Welcome to Hero Vibes!
The terms “we,” “us” and “our” refer to Hero Vibes. Hero Vibes operates this online store and website, including all related information, content, features, tools, products and services, in order to provide customers with a curated shopping experience collectively referred to as the “Services.”
Hero Vibes is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced herein, collectively referred to as these “Terms of Service” or “Terms,” describe your rights and responsibilities when you access or use the Services.
Please read these Terms of Service carefully, as they contain important information about 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 of Service and our Privacy Policy [LINK].
If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.
Nothing in these Terms limits or excludes any mandatory rights granted to consumers under applicable law.
SECTION 1 — ACCESS AND ACCOUNTS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you have obtained the necessary permission from a parent or legal guardian.
To access the Services or purchase a product, you may be asked to provide information such as your name, email address, billing address, payment details and shipping information.
You represent and warrant that all information you provide is accurate, current and complete, and that you have the legal right to provide and use such information.
You are responsible for maintaining the confidentiality and security of your account credentials and for all activity 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, product colours, lighting effects, dimensions and appearance may vary slightly depending on your device, screen settings, room lighting, wall colour, installation position and the distance between the lamp and the wall.
Images, videos and lifestyle photographs shown on the website may include decorative items that are not included with the product. The contents of your order will be specified on the relevant product page.
The size, shape and clarity of the projected shadow may vary depending on how and where the lamp is installed.
We do not guarantee that every product will look exactly the same in every room or environment. This does not affect your legal rights if a product is defective, damaged or materially different from its description.
Product descriptions, specifications, prices and availability may be updated at any time without prior notice.
We reserve the right to discontinue a product or limit the quantity available to any person, geographic region or jurisdiction, where permitted by law.
Products must be used only for their intended purpose and in accordance with any instructions or safety information supplied with them.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase products from Hero Vibes.
Your order is not accepted until we send you an order confirmation or otherwise confirm that your order has been accepted.
We reserve the right to reject or cancel an order where legally permitted, including in cases of suspected fraud, incorrect pricing, payment failure, product unavailability or errors in the information displayed on the website.
Payment must be authorised and processed before an order can be fulfilled.
Please check your order carefully before submitting it. Once an order has entered processing or fulfilment, we may not be able to change or cancel it.
If we reject, modify or cancel an order, we will attempt to contact you using the email address, billing information or telephone number provided when the order was placed.
Purchases are subject to our Refund Policy [LINK], in addition to any mandatory consumer rights available under applicable law.
Unless otherwise agreed, products purchased from Hero Vibes are intended for personal or household use and not for commercial resale or export.
SECTION 4 — PRICES, TAXES AND BILLING
Prices, discounts and promotions may change without prior notice.
The price charged will be the price displayed at checkout when the order is placed and will appear in your order confirmation.
The checkout page will indicate whether taxes, shipping fees or other applicable charges are included in the displayed price or added separately.
Customers may be responsible for customs duties, import taxes or handling fees when ordering from outside the territory from which the order is shipped, where clearly disclosed and permitted by law.
We may offer promotions subject to separate terms and conditions. In the event of a conflict between these Terms and the terms of a specific promotion, the promotion terms will apply to that promotion.
You agree to provide accurate, complete and current billing, payment and account information.
You represent and warrant that:
- The payment information you provide is accurate and complete.
- You are authorised to use the selected payment method.
- Charges incurred through your payment method will be honoured.
- You will pay all applicable prices, shipping costs and taxes shown at checkout.
SECTION 5 — SHIPPING AND DELIVERY
Delivery dates and transit times displayed on the website are estimates unless expressly stated otherwise.
We are not responsible for delays caused by carriers, customs procedures, incorrect addresses supplied by the customer, adverse weather, strikes or other circumstances outside our reasonable control.
However, nothing in this section limits any delivery rights granted to consumers under applicable law.
You are responsible for providing a complete and accurate shipping address. We are not responsible for failed delivery or additional shipping costs caused by incorrect or incomplete information supplied by you.
For orders made by consumers, the risk of loss or damage generally passes to you when you, or a third party designated by you other than the carrier, physically receives the products, except where applicable law provides otherwise.
If tracking information shows that an order has been delivered but you have not received it, please contact us promptly at galaxywavecontact@gmail.com so that we can review the situation with the carrier.
SECTION 6 — INTELLECTUAL PROPERTY
The Services, including our website design, brand identity, logos, written content, photographs, graphics, videos, audio, product descriptions and the selection and arrangement of such materials, are owned by or licensed to Hero Vibes and are protected by applicable intellectual-property laws.
These Terms permit you to use the Services solely for your personal and non-commercial use.
Without our prior written permission, you may not reproduce, distribute, modify, republish, display, transmit, store, sell or commercially exploit materials belonging to Hero Vibes.
Nothing in these Terms grants you a licence or ownership right in any trademark, copyright, design or other intellectual property belonging to Hero Vibes, Shopify or any third party.
The Hero Vibes name, logo, designs and slogans may not be used without prior written permission.
Shopify’s name, logo, products and services are trademarks belonging to Shopify.
All third-party names, logos, characters, brands, designs and trademarks displayed or referenced through the Services remain the property of their respective owners. Their appearance does not necessarily imply sponsorship, endorsement or affiliation unless expressly stated.
Unauthorised use of the Services or their contents may violate intellectual-property laws.
SECTION 7 — OPTIONAL THIRD-PARTY TOOLS
We may provide access to tools, integrations or features operated by third parties.
We do not necessarily monitor or control these third-party tools.
Access to such tools may be provided “as is” and “as available,” without representations, warranties or endorsements from Hero Vibes, to the extent permitted by law.
Your use of optional third-party tools is at your own discretion and may be subject to the terms and privacy policies of the relevant provider.
We may introduce new features, tools or resources in the future. Such features will form part of the Services and will be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain links to websites, applications, services or materials operated by third parties.
We are not responsible for examining or guaranteeing the accuracy, security, content or practices of third-party websites.
Accessing third-party websites is at your own risk.
We are not responsible for harm or loss arising from your use of third-party websites or from products, services or content obtained through them, except where liability cannot legally be excluded.
Please review the terms and privacy policies of any third party before entering into a transaction with them.
Questions or complaints regarding a third-party product or service should be directed to the relevant third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Hero Vibes is powered by Shopify, which provides the ecommerce infrastructure that enables us to offer the Services.
However, purchases made through the Hero Vibes store are transactions entered into directly between you and Hero Vibes.
Shopify is not the seller of the products offered by Hero Vibes and is not responsible for fulfilment, delivery, product quality, refunds, returns or customer service relating to your purchase.
To the extent permitted by law, you release Shopify and its affiliates from claims arising directly from transactions between you and Hero Vibes.
Nothing in this section limits liability that cannot legally be excluded.
SECTION 10 — PRIVACY POLICY
Personal information collected through the Services is processed in accordance with our Privacy Policy, available here: [LINK].
Certain personal information may also be processed by Shopify in accordance with Shopify’s own privacy policy.
Because the Services are hosted by Shopify, Shopify may collect and process information about your access to and use of the Services to operate, secure and improve the ecommerce platform.
Information submitted through the Services may be transmitted to Shopify, payment providers, fulfilment partners, delivery companies and other service providers, some of which may be located outside your country of residence.
Please review our Privacy Policy [LINK] for further information about how personal information is collected, used, shared, stored and protected.
SECTION 11 — REVIEWS, FEEDBACK AND USER CONTENT
If you submit, upload, post, email or otherwise provide reviews, photographs, videos, suggestions, ideas, comments or other content collectively referred to as “Feedback,” you grant Hero Vibes a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to use, reproduce, adapt, publish, translate, distribute and display that Feedback for purposes including operating, improving and promoting the Services.
Where required by law, we will request any additional consent needed to use content that identifies you.
You represent and warrant that:
- You own the Feedback or have permission to provide it.
- Your Feedback is truthful and based on your genuine experience.
- You have disclosed any payment, discount, gift or incentive received in exchange for the Feedback.
- Your Feedback does not violate applicable law or the rights of another person.
We are not required to keep Feedback confidential, pay compensation for it or respond to it unless otherwise agreed.
We may monitor, reject, edit or remove Feedback that we reasonably believe is unlawful, misleading, offensive, defamatory, fraudulent, infringing or otherwise inappropriate.
You may not submit Feedback that:
- Violates copyright, trademark, privacy or other rights.
- Contains unlawful, abusive, defamatory or obscene material.
- Contains malware, viruses or harmful code.
- Uses a false identity or misleading email address.
- Misrepresents the origin or authenticity of the Feedback.
You remain responsible for the content and accuracy of any Feedback you submit.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
The Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, measurements, pricing, promotions, availability, shipping charges or estimated delivery times.
We reserve the right to correct errors, update information or cancel affected orders where permitted by law.
If an error materially affects an order you have already placed, we will notify you and provide any remedies required under applicable law.
SECTION 13 — PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services:
- For any unlawful, fraudulent or malicious purpose.
- To violate applicable international, European Union, national, regional or local laws.
- To infringe our intellectual-property rights or the rights of another person.
- To harass, threaten, abuse, defame, intimidate or harm another person.
- To transmit false, deceptive or misleading information.
- To distribute spam, junk mail, chain letters or unauthorised promotional material.
- To impersonate another person, company or organisation.
- To upload malware, viruses or harmful code.
- To collect or track personal information without authorisation.
- To interfere with, bypass or circumvent security or access restrictions.
- To reproduce, copy, scrape, extract, sell or exploit the Services without permission.
- To use automated systems in a way that disrupts the Services, violates applicable law or ignores technical restrictions communicated by us.
We reserve the right to suspend or terminate access to the Services if we reasonably believe that these Terms have been violated.
SECTION 14 — AUTOMATED AGENTS
This section applies if you use software, bots, artificial-intelligence systems or other automated or semi-automated agents to access or interact with the Services.
Automated agents must not conceal their automated nature, circumvent access restrictions, bypass security systems, complete CAPTCHAs through prohibited methods or imitate human behaviour for the purpose of avoiding detection.
We may restrict or block automated access to the Services where reasonably necessary to protect the website, customers or our legitimate business interests.
Automated tools must comply with applicable law, these Terms and any technical instructions or access restrictions provided by us.
SECTION 15 — TERMINATION
We may suspend or terminate your access to the Services if you materially breach these Terms, misuse the Services, engage in fraudulent activity or create a security or legal risk.
Where appropriate and legally required, we will provide reasonable notice or an opportunity to correct the breach.
Termination does not affect rights and obligations accrued before the termination date.
Sections that by their nature should continue after termination will remain in effect, including those relating to intellectual property, Feedback, liability, indemnification, governing law and dispute resolution.
SECTION 16 — DISCLAIMER OF WARRANTIES
Information made available through the Services is provided for general informational purposes.
Although we make reasonable efforts to ensure that information is accurate and current, we do not guarantee that every piece of information will always be complete, current or error-free.
Except for warranties, guarantees and consumer rights that cannot legally be excluded, the Services and products are provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.
We do not guarantee that access to the website will always be uninterrupted, secure or error-free.
Nothing in this section excludes or limits your statutory rights relating to defective, damaged, unsafe, incorrectly described or non-conforming products.
SECTION 17 — LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, breach of mandatory consumer law, defective products where liability cannot legally be excluded, or any other liability that cannot be excluded under applicable law.
To the fullest extent permitted by law, Hero Vibes and its partners, employees, contractors, agents, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential losses arising from your use of the Services or products.
This may include loss of profits, revenue, savings, data or business opportunity, where such loss was not reasonably foreseeable or where liability may legally be limited.
For consumers, this section applies only to the extent permitted by mandatory consumer-protection law.
SECTION 18 — INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Hero Vibes, Shopify and our respective affiliates, employees, agents, contractors, licensors and service providers from third-party claims, damages, liabilities and reasonable legal costs arising from:
- Your material breach of these Terms.
- Your unlawful use of the Services.
- Your infringement of another person’s rights.
- Content or Feedback submitted by you.
This obligation does not apply to the extent that a claim results from our own negligence, unlawful conduct or breach of these Terms.
SECTION 19 — SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or, where necessary, removed from the Terms.
The remaining provisions will remain valid and enforceable.
SECTION 20 — WAIVER AND ENTIRE AGREEMENT
A failure by us to exercise or enforce a right under these Terms does not constitute a waiver of that right.
These Terms and the policies incorporated by reference constitute the entire agreement between you and Hero Vibes regarding your use of the Services.
They replace previous communications or agreements concerning the same subject matter, except where otherwise required by law.
Any ambiguity will be interpreted in accordance with applicable law and will not automatically be interpreted against either party.
SECTION 21 — ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent.
We may transfer or assign our rights and obligations in connection with a business sale, restructuring or transfer of the Hero Vibes store, provided that this does not reduce your legal rights.
SECTION 22 — GOVERNING LAW AND JURISDICTION
These Terms and any separate agreement through which we provide the Services are governed by the laws of Spain.
If you are a consumer residing in the European Union, you also retain the protection of any mandatory consumer laws applicable in your country of residence.
Any dispute will be submitted to the courts determined by applicable consumer and procedural law.
Where the customer is not acting as a consumer and the parties are legally permitted to agree on jurisdiction, disputes will be submitted to the courts of Barcelona, Spain.
Nothing in this section prevents either party from using an available alternative or out-of-court dispute-resolution procedure.
SECTION 23 — HEADINGS
The headings used in these Terms are included for convenience only and do not limit or affect the interpretation of any provision.
SECTION 24 — CHANGES TO THESE TERMS
You may review the current version of these Terms at any time on this page.
We reserve the right to update or replace these Terms by publishing a revised version on the website.
Where required by law, we will provide notice of material changes before they take effect.
Changes will apply from the effective date shown in the updated Terms and will not retroactively alter orders already completed unless legally permitted.
Continued use of the Services after the effective date of updated Terms constitutes acceptance of those changes.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service may be sent to:
Hero Vibes
Questions about the Terms of Service should be sent to us at galaxywavecontact@gmail.com
Our contact information is posted below:
Hero Vibes
galaxywavecontact@gmail.com
C/Eliseu Meifren, 12, 2 3, 08916 Badalona, Barcelona, Spain
+34 603 57 46 39