Terms of service
Terms of Service – PassionSim
Welcome to PassionSim! The terms “we”, “us”, and “our” refer to PassionSim. PassionSim 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”). PassionSim is a store powered by Shopify, which enables us to provide the Services.
The Terms of Service below, as well as all related policies (the “Terms” or “Terms of Service”), 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 include sections 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 by our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, you must not use or access 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 authorize us to allow any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services—such as accessing or browsing our online stores or purchasing any products or services—we may require certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have the rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
We strive to provide accurate representations of our products and services in our online stores. However, product colors and appearances may differ from what you see on your device due to device type, settings, and configuration.
We do not guarantee that the appearance or quality of any product or service will meet your expectations or match what is displayed online.
All product descriptions are subject to change at any time without notice, at our sole discretion. We may also remove any product at any time and may limit quantities to any person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. PassionSim reserves the right to accept or reject your order at its sole discretion. Your order is not accepted until PassionSim confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as PassionSim may not be able to accommodate cancellation requests once an order has been accepted. If we decline, modify, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided.
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, not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions may change without notice. The price charged will be the price in effect at the time your order is placed and will appear in your confirmation email. Unless stated otherwise, displayed prices do not include taxes, shipping fees, handling charges, customs fees, or import duties.
Online prices may differ from prices in physical stores or on third-party platforms. Promotions may be offered from time to time and will be governed by their own separate terms. In case of conflict, the promotion’s terms prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information and to promptly update your account details as needed.
You represent and warrant that:
(i) your credit card information is true, correct, and complete;
(ii) you are authorized to use the card;
(iii) charges incurred will be honored by your card issuer;
(iv) you will pay all amounts due, including shipping, handling, and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All estimated delivery times are approximate and not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control.
Once products are transferred to the carrier, ownership and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
All content and materials within the Services—including trademarks, text, images, graphics, product reviews, videos, audio, and their design and arrangement—are the property of PassionSim, its affiliates, or licensors, and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works, publicly display, or transmit any materials without our prior written consent.
Nothing in these Terms grants any license or rights under patents, trademarks, copyrights, or other intellectual property of PassionSim, Shopify, or third parties.
Unauthorized use may violate intellectual property laws. All rights not expressly granted are reserved.
SECTION 7 – OPTIONAL TOOLS
Third-party tools may be made available through the Services that we do not monitor or control.
You acknowledge and agree that these tools are provided “as is” and “as available,” without warranties or endorsements. We are not liable for anything arising from your use of optional third-party tools.
Use of these tools is entirely at your own risk, and you should ensure you understand their terms before using them.
We may introduce new features or tools in the future, which will also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials or links to third-party websites or integrations. We are not responsible for evaluating the content or accuracy of such third-party content. Accessing third-party sites is at your own risk.
We are not liable for damages related to your use of third-party websites, products, services, or content. Review third-party policies carefully before engaging in any transaction.
Complaints regarding third-party products or services must be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section must remain unchanged as it reflects Shopify’s required legal language.]
PassionSim is powered by Shopify, allowing us to provide the Services. However, all sales and purchases made through our store are solely between you and PassionSim. Shopify is not responsible for any aspect of transactions between you and PassionSim.
By using the Services, you expressly release Shopify and its affiliates from any claims, damages, or liabilities arising from your transactions with PassionSim.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy [LINK], and some information may also be subject to Shopify’s Privacy Policy.
Because our Services are hosted by Shopify, Shopify collects and processes information about your access to improve the Services. Your submitted information will be transmitted to Shopify and third parties, possibly located outside your country.
See our Privacy Policy [LINK] for full details.
SECTION 11 – FEEDBACK
If you submit or upload ideas, suggestions, reviews, proposals, or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial uses.
You represent and warrant that:
(i) you own the rights to the Feedback;
(ii) you have disclosed any compensation received;
(iii) your Feedback complies with these Terms.
We have no obligation to:
(1) keep Feedback confidential;
(2) compensate you;
(3) respond to Feedback.
We may edit or remove content that we determine, at our discretion, to be illegal, offensive, defamatory, obscene, or otherwise objectionable.
You agree that your Feedback will not violate any third-party rights, nor contain unlawful or malicious content, including viruses.
You may not use a false email address or impersonate another person. You are solely responsible for your Feedback.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
From time to time, the Services may contain errors or inaccuracies regarding product descriptions, pricing, promotions, shipping fees, delivery times, or availability. We reserve the right to correct such errors and update information at any time, including after an order is submitted.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services:
(a) for unlawful or malicious purposes;
(b) to violate laws or regulations;
(c) to infringe intellectual property rights;
(d) to harass, harm, defame, or intimidate;
(e) to submit false or misleading information;
(f) to upload content violating these Terms;
(g) to send spam or solicitations;
(h) to impersonate another person;
(i) to interfere with others’ use of the Services.
You also agree not to transmit viruses, collect personal data unlawfully, bypass security features, or exploit the Services.
We reserve the right to suspend or terminate your account if you violate any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services at any time, without notice, and you remain responsible for any amounts due up to the termination date.
The following sections survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any others that naturally survive.
SECTION 15 – WARRANTY DISCLAIMER
Information on the Services is provided for general guidance only. We do not guarantee accuracy or completeness. Reliance on such information is at your own risk.
Unless expressly stated by PassionSim, the Services and all products offered are provided “as is” and “as available,” without warranties of any kind, express or implied.
We do not warrant uninterrupted, timely, secure, or error-free use of the Services.
Some jurisdictions limit warranty disclaimers, so some exclusions may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, PassionSim, its partners, directors, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any direct or indirect damages of any kind, including lost profits, data loss, replacement costs, or any similar damages arising from your use of the Services or products purchased, even if advised of their possibility.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless PassionSim, Shopify, and their affiliates and personnel from any claims or damages arising from:
(1) your breach of these Terms;
(2) your violation of any law or third-party rights;
(3) your use of the Services.
We may control defense of such claims at your expense. You will cooperate fully.
SECTION 18 – SEVERABILITY
If any part of these Terms is deemed illegal or unenforceable, the remainder will continue in full effect.
SECTION 19 – WAIVER & ENTIRE AGREEMENT
Failure to enforce any provision is not a waiver of that provision.
These Terms constitute the entire agreement between you and us, superseding all prior agreements. Any ambiguity shall not be interpreted against the drafting party.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our prior written consent. We may assign them without notice.
SECTION 21 – GOVERNING LAW
These Terms and any agreements by which we provide Services are governed by the laws and courts in the jurisdiction where PassionSim is headquartered. You consent to this jurisdiction.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO THE TERMS
You may review the latest version of these Terms at any time on this page.
We reserve the right to update or modify them at our discretion. We will notify you of any material changes as required by law.
Continued use of the Services after changes constitutes acceptance.
SECTION 24 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to:
contact@passionsim.com
PassionSim Inc
contact@passionsim.com