Terms of service
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OVERVIEW
Welcome to Helman's Curioza! The terms "we", "us" and "our" refer to Helman's Curioza. Helman's Curioza operates this store and website, including all related information, content, features, tools, products, and services to provide you, the customer, with a customized shopping experience (the "Services"). Helman's Curioza is powered by Shopify, which allows us to provide the Services to you.
The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use 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 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, please do not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside, and you have given us permission to allow minor dependents of yours to use the Services on devices that you own, purchase, or control.
In order to use the Services, including accessing or browsing our online stores or purchasing any of the following products
or services we offer, you may be asked to provide certain information, such as your email address, billing, shipping address, and payment information. You represent and warrant that all information you provide in our stores is accurate, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for the security of your account login 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 have made every effort to provide an accurate representation of our products and services in our webshops. However, please note that colors or the appearance of products may differ from how they appear on your screen, due to the type of device you use to access the store and your device's settings and configuration.
We do not warrant that the appearance or quality of any products or services you have purchased will meet your expectations or be the same as depicted or delivered in our webshops.
All product descriptions are subject to change at our sole discretion at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
Section 3 - ORDERS
When you place an order, you are making a purchase offer. Helman's Curioza reserves the right to accept or refuse your order for any reason at its sole discretion. Your order is only accepted after Helman's Curioza has confirmed acceptance. We need to receive and process your payment before your order is accepted. Please review your order carefully before shipping it, as Helman's Curioza may not be able to process cancellation requests once an order has been accepted. In the event that we do not accept, amend or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or telephone number you provided when placing the order.
Your purchases can only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use 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 is the price in effect at the time the order is placed and is stated in the order confirmation email. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping and handling costs, and customs or import duties.
The prices in our webshops may differ from the prices in physical stores or in online stores or other stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect pricing and are subject to terms and conditions that are separate from these Terms. If there is a conflict between the terms and conditions for a promotion and these Terms, the terms and conditions for the promotion will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases you make in our stores. You agree to delete your account and other information, including your email address, credit card numbers, andAldata, promptly 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, accurate, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges made by you will be honored by your credit card company, and (iv) you will pay for charges made by you at the prices listed, including shipping and handling charges and all applicable taxes, if applicable.
SECTION 5 - SHIPPING AND DELIVERY
We will not be liable for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. Once we hand over 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, marks, text, displays, images, graphics, product controls, video, and audio, and the design, selection, and arrangement thereof, are the property of Helman's Curioza, its affiliates, or licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the materials on the Services without our prior written consent. Except as otherwise expressly provided herein, nothing in these Terms grants you any license or other rights or nothing shall be construed as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of Helman's Curioza, 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 Helman's Curioza.
The names, logos, product and service names, designs, and slogans of Helman's Curioza are trademarks of Helman's Curioza or its subsidiaries or licensors. You may not use such trademarks without the prior written permission of Helman's Curioza. Shopify's 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 trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools provided by third parties as part of the Services, over which we have no control or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without any means of any kindInspection. We have no liability whatsoever arising out of or in connection with your use of optional third-party tools.
Any use by you of the optional tools provided through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and agree to the terms and conditions under which tools are provided by the relevant third-party providers.
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 deemed to be part of the Services and will 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 embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites to which 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 will not be liable for any damages or damages in connection with your access to third-party websites, or your purchase or use of any products, services, resources, or content on third-party websites. Carefully review the third-party's policies and practices and make sure you understand them before entering into a transaction. Complaints, claims, concerns, or questions about third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and should not be deleted or altered].
Helman's Curioza is powered by Shopify, which allows us to provide the Services to you. However, all sales and purchases you make in our Store are made directly with Helman's Curioza. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Helman's Curioza, including any injury, damage, or loss resulting from any products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or related to your purchases and transactions with Helman's Curioza.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you acknowledge that you have read this 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 will be sent to and shared with Shopify and third parties that may be located in countries other than where you live in order to provide services to you. Check our privacy policy [LINK] for more iInformation about how we, Shopify and our partners use your personal data.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, subscriptions, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights in all Feedback; (ii) you have disclosed any compensation or incentives you may have received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation (1) to keep your Feedback confidential; (2) to pay a fee for your Feedback; or (3) to respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, abusive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback does not infringe any right of any third party, including copyright, trademark, privacy, moral rights, or other personal or proprietary rights. You further agree that your Feedback does not contain defamatory or otherwise unlawful, abusive, or obscene Feedback, or contain a computer virus or other malware that may in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate anyone other than yourself or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for all feedback you provide 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 pricing, 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 the information is incorrect at any time without notice (including after you submit your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, (a) for any unlawful or malicious purpose; (b) to promote international, fedeviolate any national, provincial or state ordinances, rules, laws or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) harass, abuse, insult, harm, defame, defame, intimidate, or harm our employees or any other person; (e) send false or misleading information; (f) send, knowingly receive, upload, download, use, or re-use any material that is not in accordance with these Terms; (g) transmit or cause to be sent any advertising or promotional materials, including "junk mail," "chain letters," "spam," or other similar solicitations; (h) impersonate or attempt to impersonate any other person or entity; or (i) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may cause harm to Helman's Curioza, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit any viruses or other malicious code that will or may in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretend to be the Services; (e) use any robots, spiders, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI), or automated or manual means to access the Services; or (f) the security or authorization features, robot exclusion headers, or other measures we use to restrict, disrupt, circumvent, or circumvent access to the Services. 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 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable, or allow an Agent to be used to access, use, or interact with Services. "Agent" means any software or service that takes any action autonomously or semi-autonomously on behalf of or at the direction of any person or entity and that may be performed on behalf of or using an individual's device without direct supervision.
14.2 An Agent may not access, use or interact with Services unless it identifies itself at all times and acts in strict accordance with the requirements in section 14.4 below. In addition, an Agent may not access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.
14.3 We may restrict, including by technical measures, whether and how an Agent accesses, uses and interacts with Services.
14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request is from an Agent and disclose the Agent's name by following in the user-agent string of the request: "Agent/[Agent Name]"; (ii) not disguise or obscure the fact that access, use, or interactions originate from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer usage from humans, (iii) truthfully answering questions or prompts intended to determine whether interactions originate from a human or a computer, (iv) circumvent or otherwise avoid any measures designed to block, restrict, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 – TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at any time in our sole discretion and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and other provisions that by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes only. We do not guarantee 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 by you or any other visitor to the Services on such materials, or by anyone who may be informed of their contents.
UNLESS EXPRESSLY STATED BY [MERCHANT], 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 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 OF LIABILITY MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR 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, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER OR NOT BASED ON AAND CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN 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 YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DOING SO.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Helman's Curioza, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any and all losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your violation of these Terms of Service or the referenced documents, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim that qualifies for indemnification, provided that a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may arrange for the defense and settlement of any such claim at your expense, including the choice of counsel, but will not settle any claim that requires non-monetary obligations from you without your consent (which may not be unreasonably withheld). You will cooperate in the defence of claims for damages, including by providing relevant documents.
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of the other provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
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.
These Terms of Service and any policies or usage rules posted by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, all previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may notDelegation, transfer, or assign 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 22 – GOVERNING LAW
These Terms of Service and any separate agreements through which we provide services to you shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction in which Helman's Curioza is located. You and Helman's Curioza consent to venue and personal jurisdiction in such courts.
SECTION 23 – HEADINGS
The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO THE 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, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these Terms 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 after changes to these Terms of Service are posted constitute your acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service can be sent to us at janhel64@hotmail.com.
Our contact details can be found below:
Helman's Curioza
janhel64@hotmail.com
Palinckstraat 11 2100 Deurne Belgium
+32 477378285
BE0628.425.485