Terms of service

Terms of Service

OVERVIEW

Welcome to Nilaa Curated Collections!

The terms “we,” “us,” and “our” refer to Nilaa Curated Collections. Nilaa Curated Collections operates this online store and website, including all related information, content, features, tools, products, and services offered to you (collectively, the “Services”).

Our store is powered by Shopify, which enables us to provide our Services to you.

These Terms of Service, together with our Privacy Policy, Return & Refund Policy, Shipping Policy, and any other policies referenced on our website, describe your rights and responsibilities when using our Services.

By visiting, browsing, interacting with, or purchasing from our website, you agree to these Terms of Service and our applicable store policies. If you do not agree with these Terms, you should not use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By using our Services, you represent that you are at least the age of majority in your province or territory of residence, or that you have provided consent for your minor dependents to use the Services under your supervision.

When using our Services or placing an order, you may be required to provide information including your name, email address, billing information, payment information, and shipping address.

You agree that the information you provide is current, complete, and accurate.

If you create a customer account, you are responsible for maintaining the confidentiality and security of your account information.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to accurately display and describe our products, including colours, designs, sizes, materials, and other product characteristics.

However, colours and product appearance may vary slightly depending on your device, screen settings, photography, lighting, or other factors.

For clothing products, customers are responsible for reviewing the applicable size information before placing an order.

Product availability and quantities are subject to change without notice. Certain products may be available only in limited quantities.

We reserve the right to discontinue products or limit quantities available for purchase at our discretion.

SECTION 3 – ORDERS

When you place an order, you are submitting an offer to purchase products from Nilaa Curated Collections.

Orders are subject to acceptance, product availability, and successful payment processing.

We reserve the right to decline or cancel an order where reasonably necessary, including in cases of pricing errors, suspected fraud, product unavailability, or incorrect information.

Please review your order carefully before submitting it, including product selection, size, quantity, shipping address, and contact information.

If you notice an error after placing an order, please contact us through our Contact Us page as soon as possible. We cannot guarantee that an order can be changed or cancelled once processing or shipping has begun.

Returns, refunds, replacements, and exchanges are governed by our Return & Refund Policy.

Nothing in these Terms limits any rights available to consumers under applicable law.

SECTION 4 – PRICES, PAYMENTS AND TAXES

All prices displayed on our website are in Canadian dollars (CAD) unless otherwise stated.

Prices, promotions, discounts, and product availability may change without notice.

The price charged for an item will be the price displayed at the time your order is placed, subject to correction of obvious pricing or technical errors.

Applicable taxes and shipping charges will be calculated and displayed during checkout.

You agree to provide accurate and complete billing and payment information when placing an order.

SECTION 5 – SHIPPING AND DELIVERY

We currently offer shipping across Canada.

A flat shipping rate of $10 applies to eligible orders shipped within Canada, unless otherwise stated at checkout or as part of a promotional offer.

Our estimated delivery timeframe is 3–8 business days from the date your order is placed.

Delivery times are estimates and may be affected by carrier delays, severe weather, holidays, service disruptions, incorrect addresses, or other circumstances outside our reasonable control.

Once your order has been shipped, a tracking number will be provided so that you can monitor the delivery status of your package.

Customers are responsible for providing a complete and accurate shipping address.

Please refer to our Shipping Policy for additional shipping and delivery information.

SECTION 6 – RETURNS, REFUNDS AND DAMAGED ITEMS

All returns, refunds, replacements, exchanges, and claims relating to damaged, defective, or incorrect items are governed by our Return & Refund Policy.

Please review the Return & Refund Policy before completing your purchase.

Nothing in our Return & Refund Policy or these Terms limits any rights or remedies you may have under applicable consumer protection laws.

SECTION 7 – INTELLECTUAL PROPERTY

Unless otherwise stated, the content available through our website, including our business name, logo, branding, text, graphics, photographs, product images, designs, videos, and website content, is owned by or licensed to Nilaa Curated Collections and is protected by applicable intellectual property laws.

Our content is provided for your personal and non-commercial use.

You may not reproduce, copy, distribute, modify, republish, sell, commercially exploit, or otherwise use our content without our prior written permission, except where permitted by applicable law.

Shopify's trademarks, branding, and other intellectual property remain the property of Shopify or its applicable licensors.

SECTION 8 – OPTIONAL AND THIRD-PARTY TOOLS

Our website may provide access to tools, services, integrations, or features offered by third parties.

We do not necessarily control or monitor these third-party services.

Your use of third-party tools or services may also be subject to the applicable third party's terms and privacy policies.

We are not responsible for third-party services except to the extent required by applicable law.

SECTION 9 – THIRD-PARTY LINKS

Our website may contain links to third-party websites or services.

These links are provided for convenience and do not necessarily constitute an endorsement.

We are not responsible for the content, privacy practices, availability, products, or services of third-party websites.

We encourage you to review the terms and policies of any third-party website before providing personal information or completing a transaction.

SECTION 10 – RELATIONSHIP WITH SHOPIFY

Nilaa Curated Collections 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 Nilaa Curated Collections. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Nilaa Curated Collections, 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 Nilaa Curated Collections.

SECTION 11 – PRIVACY

Personal information collected through our Services is handled in accordance with our Privacy Policy.

Because our store is hosted by Shopify, Shopify may collect and process certain personal information as necessary to provide its platform and related services.

Please review our Privacy Policy for additional information about how personal information is collected, used, disclosed, and protected.

SECTION 12 – FEEDBACK AND REVIEWS

If you voluntarily provide us with reviews, suggestions, photographs, comments, feedback, or other content, you represent that you have the right to provide that material.

You agree not to submit content that is unlawful, misleading, abusive, defamatory, infringing, fraudulent, or otherwise inappropriate.

We may remove content that we reasonably believe violates these Terms or applicable law.

Where you authorize us to use submitted reviews, photographs, or other content for promotional purposes, we may use that content in connection with our business and Services, subject to applicable law.

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, shipping charges, delivery estimates, availability, or other information.

We reserve the right to correct errors, update information, or cancel affected orders where reasonably necessary.

If an order is cancelled after payment has been processed, any applicable refund will be issued in accordance with applicable law and our store policies.

SECTION 14 – PROHIBITED USES

You may use our website and Services only for lawful purposes.

You must not use our Services to:

  • violate applicable laws or regulations;

  • infringe the intellectual property or privacy rights of another person;

  • transmit malicious software, viruses, or harmful code;

  • engage in fraud or deceptive activity;

  • collect personal information about others without authorization;

  • spam, phish, scrape, or otherwise misuse our website;

  • attempt to interfere with the security or operation of our website; or

  • use automated systems to access our Services in a manner prohibited by us or applicable law.

We reserve the right to restrict or terminate access where we reasonably believe these Terms have been violated.

SECTION 15 – TERMINATION

We may suspend or terminate access to our Services where reasonably necessary, including where these Terms have been violated or where unlawful or fraudulent activity is suspected.

Any obligations or liabilities incurred before termination will continue to apply where appropriate.

SECTION 16 – DISCLAIMER

We make reasonable efforts to provide accurate information and reliable Services.

However, except where otherwise required by law, our website and Services are provided on an “as available” basis.

We do not guarantee that the website will always operate without interruption, delay, technical error, or temporary unavailability.

Nothing in this section excludes warranties, guarantees, protections, or other rights that cannot legally be excluded under applicable consumer protection law.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Nilaa Curated Collections will not be liable for indirect, incidental, special, or consequential losses arising from use of our website or Services.

This limitation does not apply where liability cannot legally be excluded or limited under applicable law.

Nothing in these Terms is intended to waive or limit any statutory consumer rights available to you.

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold Nilaa Curated Collections harmless from claims, liabilities, damages, or expenses resulting from your unlawful use of the Services or material breach of these Terms.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in full force and effect.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

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

These Terms and the policies incorporated into them constitute the agreement between you and Nilaa Curated Collections relating to your use of the Services.

SECTION 21 – ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may transfer or assign our rights and obligations where permitted by applicable law.

SECTION 22 – GOVERNING LAW

These Terms of Service and your use of our Services are governed by the applicable laws of Canada and the Province of Ontario, without limiting any mandatory consumer rights that may apply to you based on your province or territory of residence.

SECTION 23 – HEADINGS

Section headings are included for convenience and do not affect the interpretation of these Terms.

SECTION 24 – CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our Services, policies, business practices, or applicable requirements.

The most current version will be available on our website.

Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services after an updated version becomes effective constitutes acceptance of the updated Terms, to the extent permitted by law.

SECTION 25 – CONTACT INFORMATION

If you have questions about these Terms of Service or need assistance with an order, please contact Nilaa Curated Collections through our Contact Us page.