Welcome to Soft & Cosy! The terms “we,” “us,” and “our” refer to Soft & Cosy. Soft & Cosy operates this store and website, including all information, content, features, tools, products, and related services, in order to provide you, as a customer, with a personalized shopping experience (collectively, the “Services”). Soft & Cosy is a store powered by Shopify, which enables us to deliver the Services to you.
The Terms of Service below, together with all related policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as 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 [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNT By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you consent to allow any minor dependent to use the Services on devices you own, purchase, or manage.
To use the Services—including browsing our online store or purchasing any of the products or services we offer—you may be asked to provide certain information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or sublicense your account to another person.
SECTION 2 – OUR PRODUCTS We have made every effort to display our products and services as accurately as possible. However, please note that colors and appearance may vary depending on the device you use to view the store, its settings, and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or exactly match how they are depicted in our online store.
All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product we offer to any 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. Soft & Cosy reserves the right to accept or reject your order for any reason, at its sole discretion. Your order is not accepted until Soft & Cosy confirms acceptance. We must receive and process your payment before an order is accepted. Please review your order carefully before submitting it, as Soft & Cosy may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of the order.
Purchases may be returned or exchanged only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
SECTION 4 – PRICING 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 the order is placed and will be stated in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping and handling fees, customs duties, or import fees.
Prices shown in our online store may differ from prices offered in physical stores or on third-party websites. From time to time, we may offer promotions on the Services that affect pricing and are governed by separate terms. In the event of a conflict between promotional terms and these Terms, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY We are not responsible for shipping or delivery delays. All shipping times are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, trade dress, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are owned by Soft & Cosy, its affiliates, or its licensors and are protected by U.S. and international patent, copyright, and other intellectual property laws.
These Terms grant you permission to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed to grant you any license or rights under any patent, trademark, copyright, or other intellectual property of Soft & Cosy, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Soft & Cosy.
The Soft & Cosy name, logo, product and service names, designs, and slogans are trademarks of Soft & Cosy or its affiliates or licensors. You may not use such marks without the prior written permission of Soft & Cosy. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL THIRD-PARTY TOOLS You may be provided access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). 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 and access third-party materials or sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of goods, services, resources, or content available on third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY Soft & Cosy is powered by Shopify, which enables us to provide the Services. However, sales and purchases you make in our store are directly with Soft & Cosy. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Soft & Cosy, including any injury, damage, or loss arising from products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or relating to your purchases and transactions with Soft & Cosy.
SECTION 10 – PRIVACY POLICY All personal information we collect through the Services is governed by our Privacy Policy, available here [LINK], 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 to the Services will be transmitted to and shared with Shopify and with third parties that may be located in countries other than your country of residence in order to provide services to you. Please see our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 – USER FEEDBACK If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other materials (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, fully royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback on any medium and for any purpose, including commercial purposes. For example, we may use the rights granted by this license to operate, provide, evaluate, enhance, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own or have all necessary rights in the Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have and will have no obligation (1) to maintain the confidentiality of your Feedback, (2) to pay compensation for your Feedback, or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus 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, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES You may only access and use the Services for lawful purposes. You may not use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulation, rule, law, or ordinance; (c) to infringe or violate our or any third party’s intellectual property rights; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit material 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 other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Soft & Cosy, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (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 or any related website, other websites, or the Internet. We reserve the right to terminate or suspend your account at any time, without notice, if we believe you have breached any portion of these Terms.
SECTION 14 – TERMINATION We may terminate this agreement or your access to the Services (or any portion thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, User 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.
SECTION 15 – DISCLAIMER OF WARRANTIES The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT WHERE EXPRESSLY PROVIDED BY Soft & Cosy, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER 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 THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Soft & Cosy, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION 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 THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION You agree to indemnify, defend, and hold harmless Soft & Cosy, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your breach of these Terms of Service 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 such claim, provided that failure to provide prompt notice shall not relieve you of your obligations unless you suffer substantial prejudice. We may assume the defense and settlement of the claim at your expense, including choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such severance shall not affect the validity and enforceability of any remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding 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 assign, transfer, or delegate this Agreement or any of your rights or obligations hereunder without our prior written consent, and any attempted assignment shall be null and void. We may freely transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 – GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where Soft & Cosy is headquartered. You and Soft & Cosy agree to the personal jurisdiction and venue of the federal and state courts in that jurisdiction.
SECTION 22 – HEADINGS The section headings in this agreement are for convenience only and have no legal or contractual effect.
SECTION 23 – CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION Questions about the Terms of Service should be sent to us at softandcosy.boutique@gmail.com.
Our contact details are: Soft & Cosy softandcosy.boutique@gmail.com 55 rue de Saverne, 67120 Molsheim, France Phone: 06 73 63 00 77 SIRET: 90523663400010 VAT No.: FR41905236634