Terms of service
OVERVIEW
Welcome to Caviar Society! The terms “we”, “us” and “our” refer to Caviar Society. Caviar Society operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Caviar Society is powered by Shopify, which enables us to provide the Services to you. By accessing, browsing, or making a purchase through our Services, you (“the Customer,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms, together with any additional policies, guidelines, or documents referenced herein, including but not limited to our Privacy Policy, Return Policy, and any specific product or promotional terms that may apply. If you do not agree to all of these Terms, you are not authorized to access or use our Services. These Terms apply to all users of the Services, including but not limited to customers, visitors, vendors, and partners. We reserve the right to update, modify, or replace any part of these Terms at our sole discretion. Changes will take effect immediately upon posting on our website unless otherwise stated. It is your responsibility to review these Terms periodically to ensure that you remain informed of any updates. Continued use of the Services following any such changes constitutes acceptance of the revised Terms. These Terms are intended to establish a legally binding agreement between you and Caviar Society, governing your rights and obligations in connection with your use of our Services and your purchase of our products.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as 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 to these Terms of Service or Privacy Policy, you should not use or access our Services. The governing law and jurisdiction applicable to these Terms are set out in Section 21.
SECTION 1 - FORMATION OF CONTRACT AND OBLIGATION TO DELIVER
By accessing or using our Services, and by placing an order through any sales channel operated by Caviar Society, you agree to enter into a binding contractual relationship governed by these Terms. This section outlines how a valid agreement is formed, the Company’s delivery obligations, and your responsibilities as a customer.
ARTICLE 1A: FORMATION OF THE AGREEMENT
By placing an order through our website or any other sales channel operated by Caviar Society (“the Company”), the customer makes a binding offer to purchase the selected products in accordance with these Terms and Conditions. The purchase agreement is formed only when the Company confirms the order in writing, typically by sending an order confirmation via email. Until such confirmation is issued, no contractual relationship shall exist between the customer and the Company. This Agreement shall be governed by and construed in accordance with the laws of the Netherlands.
ARTICLE 1B: PERFORMANCE OF THE AGREEMENT
The Company undertakes to use its best efforts to manufacture, prepare, and deliver the ordered products in accordance with the order confirmation and these Terms. The Company’s obligation to deliver is subject to the timely and correct receipt of necessary materials and components from its suppliers and third-party manufacturing partners.
ARTICLE 1C: DELIVERY COMMITMENT
The Company will endeavor to meet all indicated delivery estimates; however, all delivery dates and times are approximate and non-binding unless expressly guaranteed in writing. The Company shall not be liable for delays caused by manufacturing issues, transportation problems, customs clearance, or any circumstances beyond its reasonable control.
ARTICLE 1D: RIGHT TO REFUSE OR CANCEL ORDERS
The Company reserves the right to refuse or cancel any order at its discretion prior to acceptance, including but not limited to cases of suspected fraud, insufficient stock, errors in pricing or product information, or non-payment.
ARTICLE 1E: CUSTOMER COOPERATION
The customer shall provide accurate and complete information required for order processing and delivery. The Company shall not be liable for any delay or failure to deliver arising from incorrect or incomplete details provided by the customer.
ARTICLE 1F: LEGAL AGE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
ARTICLE 1G: OBLIGATION TO PROVIDE CORRECT INFORMATION
To use the Services, including accessing or browsing our online stores 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 information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
ARTICLE 1H: ACCOUNT SECURITY
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We aim to describe and present our products and services as accurately as possible. However, variations may occur, and we reserve the right to make changes at any time.
ARTICLE 2A: PRODUCT REPRESENTATION AND LIMITATIONS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. All descriptions of products are subject to change 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 products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3: RETURN POLICY
By placing an order, you agree that returns, cancellations, or modifications are strictly limited as outlined in this section.
ARTICLE 3A: APPLICABILITY
This section applies to all customers, regardless of their place of residence or the delivery address of their order
ARTICLE 3B: NO RETURNS OR EXCHANGES
Our products are produced and fulfilled through a third-party production partner, who begins manufacturing and shipping as soon as an order is confirmed. As a result, once production has commenced, it is not technically or contractually possible to cancel or modify the order. Customers may request an order cancellation within 48 hours of placing their order, provided that production has not yet started. After this 48-hour period, or once production has begun (whichever occurs first), the order is considered final and non-refundable and the full amount will be charged and due in full.
ARTICLE 3C: EXCEPTIONS
If you receive a product that is clearly damaged or incorrect, you must notify us within 7 days of delivery, providing clear evidence (e.g. photos or order details). We will assess the situation with our production partner and, if the defect is confirmed, offer a replacement or refund at our discretion. In certain instances, the customer may be required to return the defective or incorrect item before a replacement or refund is issued. In such cases, any costs associated with return shipping, with the exception of any applicable import or export duties, taxes, or fees, will be covered by us if the fault lies with production or delivery. Otherwise, shipping costs shall be borne by the customer.
SECTION 4 - REFUND
ARTICLE 4A: CONDITIONS FOR REFUND APPROVAL
Refunds are only applicable in the event of a return or replacement authorized under Article 3 of our return policy (Damaged or Incorrect Orders). We will notify you once we have received and inspected the returned item, and inform you whether the refund has been approved or denied. If approved, the refund will be processed automatically within 10 business days. Please note that it may take additional time for your bank or credit card provider to post the refund to your account. We reserve the right to refuse refunds if we suspect abuse, fraud, or any other grounds that preclude reimbursement.
SECTION 5 - ORDERS
ARTICLE 5A - ORDER PLACEMENT AND ACCEPTANCE
When you place an order, you are making an offer to purchase. Caviar Society reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Caviar Society confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Caviar Society may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
ARTICLE 5B – NON-COMMERCIAL, PERSONAL USE ONLY
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 6 - PRICES AND BILLING
All purchases made through our Services are subject to the prices, payment terms, and billing conditions in effect at the time of your order.
ARTICLE 6A: PRICING, DISCOUNTS, AND TAXES
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 set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
ARTICLE 6B: PROMOTIONS AND PRICE VARIATIONS
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
ARTICLE 6C: ACCURACY OF ACCOUNT AND PAYMENT INFORMATION
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. 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.
ARTICLE 6D: PAYMENT AUTHORIZATION AND RESPONSIBILITY
You represent and warrant that (i) the credit card information you provide 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.
ARTICLE 6E: LEGAL CAPACITY AND INSOLVENCY
By placing an order or entering into any contractual relationship with Caviar Society, the customer represents and warrants that they possess the full legal capacity and authority to enter into binding agreements; are not subject to any bankruptcy, insolvency, suspension of payment, or similar proceedings under applicable law; and are entering into the agreement on their own behalf and not as an agent or representative without proper authorization. Should it become apparent that a customer has entered into an agreement while lacking legal capacity or while being subject to insolvency proceedings, Caviar Society reserves the right to suspend or terminate the contract immediately without liability, and to seek compensation for any damages incurred as a result.
SECTION 7 - SHIPPING AND DELIVERY
ARTICLE 7A: GENERAL
All delivery times provided are estimates only and do not constitute guaranteed delivery dates. We are not liable for any delays in shipping or delivery that result from carrier delays, customs processing, force majeure events, or circumstances beyond our reasonable control. Once an order has been transferred to the shipping carrier, title and risk of loss pass to the customer. Customers are responsible for providing accurate and complete shipping information. We will not be held liable for delivery failures or delays arising from incorrect or incomplete address details provided by the customer. Shipping times may vary depending on the destination and the carrier’s service conditions.
ARTICLE 7B: DUTIES & IMPORT TAXES
Any customs duties, import taxes, or related fees imposed by the destination country are the sole responsibility of the customer.
ARTICLE 7C: LOST OR UNDELIVERED PRODUCT
If a shipment is lost or undelivered, please contact us within a reasonable period so that we may assist in resolving the issue with the carrier.
SECTION 8 - INTELLECTUAL PROPERTY
ARTICLE 8A: GENERAL
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 properly used or owned by Caviar Society, its affiliates or licensors and are protected by Dutch and foreign patent, copyright and other intellectual property laws.These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Caviar Society, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Caviar Society.
ARTICLE 8B: INTELLECTUAL PROPERTY AND TRADEMARKS
Caviar Society’s names, logos, product and service names, designs, and slogans are trademarks of Caviar Society or its affiliates or licensors. You must not use such trademarks without the prior written permission of Caviar Society. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 9 - OPTIONAL TOOLS
We may provide access to tools developed or maintained by third parties. These tools are offered for your convenience and use at your own discretion.
ARTICLE 9A: THIRD-PARTY TOOLS AND LIMITATION OF LIABILITY
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor 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.
ARTICLE 9B: USE OF OPTIONAL TOOLS AND FUTURE FEATURES
Any use by you of the 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 deemed part of the Services and are subject to these Terms of Service.
SECTION 10 - THIRD-PARTY LINKS
Our Services may contain links to external websites or materials operated by third parties. We are not responsible for their content, accuracy, or practices.
ARTICLE 10A: EXTERNAL WEBSITES AND THIRD-PARTY CONTENT
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 to access these materials or third party sites, you do so at your own risk. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any 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 and services should be directed to the third-party.
SECTION 11 - RELATIONSHIP WITH SHOPIFY
ARTICLE 11A
Caviar Society is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Caviar Society. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Caviar Society, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Caviar Society.
SECTION 12 - PRIVACY POLICY
We value your privacy and are committed to protecting your personal information. Please review our Privacy Policy for details on how we collect, use, and share data.
ARTICLE 12A: COLLECTION AND USE OF PERSONAL INFORMATION
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed on our website, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed on their website. 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 the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on our Services may contain errors or inaccuracies. We reserve the right to correct or update such information at any time.
ARTICLE 13A: CORRECTION OF INFORMATION AND ORDER ADJUSTMENTS
Occasionally there may be information on or in the Services that contain 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 14 - PROHIBITED USES
You agree not to misuse or abuse our Services and to comply with all applicable laws and regulations when accessing or using them.
ARTICLE 14A: UNLAWFUL OR UNAUTHORIZED USE OF THE SERVICES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “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 Caviar Society, 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 will or may be used in any way that will affect the functionality or operation of the Services; (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 suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 15 - DISCLAIMER OF WARRANTIES
We strive to provide reliable information and services, but we cannot guarantee that all content or functionality will be error-free or uninterrupted.
ARTICLE 15A
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 and responsibility arising from any 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 as expressly stated by the company, the services and all products offered through the services are provided “as is” and “as available” for your use, without any representations, 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, 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.
SECTION 16 - LIMITATION OF LIABILITY
To the extent permitted by law, our liability is limited. We are not responsible for damages or losses arising from your use of the Services, except where required by applicable law.
ARTICLE 16A
To the fullest extent provided by law, in no case shall the company, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, 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 any 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
ARTICLE 17A: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Caviar Society, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from your breach of these Terms of Service or of any documents incorporated by reference; your violation of any applicable law or the rights of a third party; or your misuse of the Services or the products offered through them. Caviar Society will promptly notify you of any such claim and, where permitted by applicable law, may assume control of the defense and settlement of the matter. You agree to reasonably cooperate in such defense. Nothing in this section shall limit or exclude any rights or protections that are mandatory under applicable consumer protection law.
SECTION 18 - SEVERABILITY
If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by law.
ARTICLE 18A: VALIDITY OF REMAINING PROVISIONS
In the event that any provision of these Terms of Service is determined 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
These Terms represent the full agreement between you and the Company. A failure to enforce any right does not constitute a waiver of that right.
ARTICLE 19A: WAIVER OF RIGHTS
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
ARTICLE 19B: ENTIRE AGREEMENT AND INTERPRETATION
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs 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
Your rights under these Terms are personal and may not be transferred without our consent, while we reserve the right to assign or delegate our obligations at any time.
ARTICLE 20A – TRANSFER AND ASSIGNMENT OF RIGHTS
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
ARTICLE 21A: APPLICABLE JURISDICTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the territorial courts in the jurisdiction where Caviar Society is headquartered. You and Caviar Society consent to venue and personal jurisdiction in such courts.
ARTICLE 21B: APPLICABLE LAW AND DISPUTE RESOLUTION
This policy and all related transactions are governed by the laws of The Netherlands, without regard to conflict of law principles. In the event of a dispute, the parties shall first attempt to resolve the matter through mediation in good faith. Only if the dispute cannot be settled through mediation shall either party be entitled to submit the matter to the exclusive jurisdiction of the competent courts in Middle-Netherlands, The Netherlands.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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, in 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 to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of 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 caviarsocietybusiness@gmail.com.
Our contact information is posted below:
Trade name: Caviar Society
E-mail: caviarsocietybusiness@gmail.com