Terms of Service

Last updated: 25 August 2025

OVERVIEW

Welcome to Serenity by Shay! The terms “we”, “us” and “our” refer to Serenity by Shay. Serenity by Shay operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the “Services”). Serenity by Shay is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions set out below, including all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover subjects such as disclaimers and limitations of liability.

By accessing, 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 to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are of the age of majority under the laws of the country in which you reside, and that you have given us permission to allow any minor members of your household to use the Services on devices you own, purchase or manage.

In order to use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment and shipping details. 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 maintaining the security of your account credentials and for all activity that takes place in your account. You may not transfer, sell, assign or license your account to anyone else.

SECTION 2 — OUR PRODUCTS

We aim to provide the most accurate description possible of our products and services in our online stores. However, please note that the colours and appearance of a product may differ from how they are displayed on your screen. This depends on the type of device you use to access the store and on that device’s settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our online store.

All product descriptions may be changed at any time at our sole discretion and without prior notice. We reserve the right to discontinue the sale of any product at any time, and we may limit the quantities of products we offer per person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Serenity by Shay reserves the right to accept or refuse your order at its sole discretion and for any reason. Your order is only accepted once Serenity by Shay has confirmed it. We must have received and processed your payment before your order is accepted. Please review your order carefully before you submit it. Serenity by Shay may be unable to honour a cancellation request after your order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you by contacting you at the email address, billing address and/or telephone number you provided during the ordering process.

You may return or exchange purchases only in accordance with our refund policy. Nothing in these Terms limits any statutory rights you have as a consumer, including any statutory right of withdrawal that applies to your purchase.

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 — PRICING AND BILLING

Prices, discounts and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time you place your order. This price is stated in the confirmation email you receive after ordering. Unless expressly stated otherwise, the prices displayed exclude taxes, shipping costs, handling fees, customs duties and import duties.

The prices displayed in our online stores may differ from prices in physical stores, or in online stores or other shops operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and that are subject to terms and conditions separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotion terms prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases you make in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and credit card expiry dates, when they change, so that we can complete your transactions and contact you if necessary.

You represent and warrant that (i) the credit card information you provide is true, correct and complete; (ii) you are authorised to use the credit card for the purchase; (iii) your charges will be honoured by the credit card company; and (iv) you will pay the charges you incur in accordance with the prices displayed, including shipping costs, handling fees and all applicable taxes, if any.

SECTION 5 — SHIPPING AND DELIVERY

We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance or events beyond our control. Once we have handed the products over to the carrier, title and risk of loss pass to you, except where mandatory consumer law provides otherwise.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Serenity by Shay, its affiliates or licensors, and are protected by patent, copyright and intellectual property laws in the Netherlands, the European Union and other countries.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material within the Services without our prior written permission. Except as expressly provided in these Terms, nothing in these Terms grants you a licence or other rights under any patent, trademark, copyright or other intellectual property of Serenity by Shay, Shopify or any third party. Unauthorised use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted in these Terms are reserved to Serenity by Shay.

The names, logos, product names, service names, design elements and slogans of Serenity by Shay are trademarks of Serenity by Shay or of its affiliates or licensors. You may not use such trademarks without the prior written permission of Serenity by Shay. The name, logo, product names, service names, design elements and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements and slogans within the Services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be given access to customer tools provided by third parties as part of the Services. We do not monitor these tools and have no control over or input into them.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We are in no way liable for any damage arising out of or relating to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms on which the tools are provided by the relevant third party or parties.

We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and are subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites offered or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.

We are not liable for any harm or adverse consequences relating to your visit to third-party websites, or to your purchase or use of products, services, resources or content on third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the relevant third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Serenity by Shay uses Shopify so that we can provide the Services to you. However, all sales and purchases you make in our store are handled directly with Serenity by Shay. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Serenity by Shay, including any injury, damage or loss resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities that may arise out of or relate to your purchases from and transactions with Serenity by Shay.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can review here. By using the Services, you confirm that you have read the relevant Privacy Policy.

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 the Services for you. Information you submit to the Services is transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than where you reside, so that they can provide services to you. Please read our Privacy Policy for more information about how we, Shopify and our partners use your personal information.

SECTION 11 — FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this licence to operate, provide, evaluate, improve and promote the Services, and to fulfil our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that (i) you own all Feedback or have all necessary rights to it; (ii) you have disclosed any compensation or incentives you received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation, now or in the future, to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obliged to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe the rights of any third party, including copyright, trademark, privacy rights, personality rights and other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, nor any computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate anyone else, or otherwise mislead us or third parties as to the origin of the Feedback. You are solely responsible for the Feedback you submit and for its accuracy. We are not responsible and accept no liability for Feedback posted by you or any third party.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information relating to or within the Services that contains typographical errors, inaccuracies or omissions. This information may relate to product descriptions, pricing, promotions, offers, shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information. We may also cancel orders if relevant information is inaccurate, at any time and without prior notice (including after you have placed an order).

SECTION 13 — PROHIBITED USES

You may use the Services for lawful purposes only. You may not, directly or indirectly, access or use the Services (a) for any unlawful or harmful activity; (b) to violate any international, national or local law, regulation, provision or ordinance; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate our employees or any other person; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to send, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam and other similar methods; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to otherwise engage in any activity that restricts or inhibits anyone else’s use of the Services, or that, as determined by us, may harm Serenity by Shay, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that does or may affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services, any related website, other websites or the internet. We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have breached any provision of these Terms.

SECTION 14 — TERMINATION

We may terminate this agreement or your access to the Services (or any part of them) at our sole discretion, at any time and without prior notice. You remain liable for all amounts due up to and including the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.

SECTION 15 — DISCLAIMER OF WARRANTIES

The information provided about 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 liability and responsibility arising from any reliance placed on such information by you, by any other visitor to the Services, or by anyone who may be informed of its contents.

EXCEPT AS EXPRESSLY STATED BY SERENITY BY SHAY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION AFFECTS YOUR MANDATORY STATUTORY RIGHTS AS A CONSUMER, INCLUDING YOUR RIGHT TO PRODUCTS THAT CONFORM TO THE CONTRACT.

SECTION 16 — LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SERENITY BY SHAY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ERRORS OR OMISSIONS 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 ADVISED OF THEIR POSSIBILITY.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Serenity by Shay, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against all costs relating to losses, damages, liabilities or claims, including reasonable legal fees, payable to a third party as a result of or arising out of (1) your breach of these Terms of Service or of any documents incorporated herein 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 in the event of a claim giving rise to indemnification, provided that a failure to give timely notice will not relieve you of your obligations unless you are materially prejudiced as a result. We may arrange for the defence and settlement of any such claim at your expense, including the engagement of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which you may not unreasonably withhold). You are required to cooperate in the defence of claims giving rise to indemnification, including by providing relevant documents.

SECTION 18 — SEVERABILITY

If any provision of these Terms of Service is held to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision in connection with these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and 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. These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 — ASSIGNMENT

You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms to any other party without our prior written consent. Any attempt to do so shall be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 — GOVERNING LAW

These Terms of Service and any separate agreements under which we provide our Services to you are governed by and construed in accordance with the laws of the Netherlands. Any dispute arising out of or relating to these Terms or the Services shall be submitted to the competent court in the Netherlands.

If you are a consumer resident in the European Union or the United Kingdom, this choice of law does not deprive you of the protection afforded by the mandatory provisions of the law of your country of residence, and you retain the right to bring proceedings before the courts of that country.

SECTION 22 — HEADINGS

The headings used in this agreement are for reference only and do not limit or otherwise affect these Terms in any way.

SECTION 23 — CHANGES TO THE TERMS OF SERVICE

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service. We will post updates and changes on our website. It is your own responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes take effect on the date stated in the notice. Your continued access to or use of the Services after any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 — CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@serenitybyshay.com.