Terms of service
Terms of Service
Overview
Welcome to GeniusCrafted™ by FamilyGenius®. The terms “we”, “us” and “our” refer to GeniusCrafted™ by FamilyGenius®. GeniusCrafted™ by FamilyGenius® operates this store and website, including all information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience collectively referred to as the “Services”. GeniusCrafted™ by FamilyGenius® is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with all policies referenced herein collectively referred to as the “Terms of Service” or “Terms”, describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By viewing, interacting with, or using our Services, you agree to comply with 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 use 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 your state, province, or country of residence, and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any product or service we offer, you may be asked to provide certain information, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in our stores 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 associated with your account. You may not transfer, sell, or assign your account to another person, nor grant any licences linked to that account.
Section 2: Our Products
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colours or appearance of a product may differ from how they appear on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to those displayed in our online stores.
All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of products offered 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. GeniusCrafted™ by FamilyGenius® reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until GeniusCrafted™ by FamilyGenius® confirms its acceptance.
We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as GeniusCrafted™ by FamilyGenius® may not be able to accommodate cancellation requests once an order has been accepted.
If we do not accept, modify in any way, or cancel an order, we will attempt to notify you using the email address, billing address, or telephone number provided when the order was placed.
Your purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are solely for personal or household use and not for resale or export for commercial purposes.
Section 4: Prices and Billing
Prices, discounts, and promotions are subject to change without prior 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 the order confirmation email you receive.
Unless expressly stated otherwise, published prices do not include taxes, shipping, order handling, customs clearance, or import charges.
Prices published in our online stores may differ from prices offered in physical stores, online stores, or other types of stores operated by third parties.
From time to time, we may offer promotions through the Services that may affect prices and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that:
- the credit card information you provide is true, correct, and complete;
- you are duly authorised to use such credit card for the purchase;
- the charges incurred by you will be honoured by your credit card company; and
- you will pay the charges incurred at the published prices, including any applicable shipping, handling, and tax charges, where applicable.
Section 5: Shipping and Delivery
We are not responsible 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 processing, or events beyond our control. Once we deliver the products to the carrier, ownership and risk pass to you.
Section 6: Intellectual Property
Our Services, including but not limited to trademarks, trade names, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by GeniusCrafted™ by FamilyGenius®, its affiliates, or licensors, and are protected by United States and foreign copyright and other intellectual property laws.
These Terms allow you to use the Services solely for personal and non-commercial purposes. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material included in the Services without our prior written consent.
Unless expressly stated in this document, no section of these Terms grants, or shall be interpreted as granting, you any licence or other right in relation to any patents, trademarks, copyrights, or any other form of intellectual property belonging to GeniusCrafted™ by FamilyGenius®, Shopify, or any third party.
Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. GeniusCrafted™ by FamilyGenius® reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of GeniusCrafted™ by FamilyGenius® are trademarks of GeniusCrafted™ by FamilyGenius®, its affiliates, or licensors. You must not use such trademarks without the prior written consent of GeniusCrafted™ by FamilyGenius®.
The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.
Section 7: Optional Tools
As part of the Services, you may be granted access to customer tools offered by third parties over which we do not exercise any supervision, control, or involvement.
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 endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Your use of optional third-party tools offered through the site is entirely at your own discretion and risk, and you should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party providers.
In the future, we may also offer new features through the Services, including the release of new tools and resources. Such new features shall also be considered part of the Services and shall 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, nor for the accuracy of, any third-party materials or websites you choose to access.
If you decide to leave the Services in order to access such third-party materials or websites, you do so at your own risk.
We are not responsible for any harm or damage related to your access to third-party websites or your purchase or use of products, services, or resources from third-party websites. Please carefully review third-party policies and practices and make sure you understand them before carrying out any transaction.
Complaints, claims, concerns, or questions relating to third-party products and services should be directed to the relevant third party.
Section 9: Relationship with Shopify
[NOTE TO MERCHANT: This section accurately characterises Shopify’s relationship with your store and should not be removed or modified.]
GeniusCrafted™ by FamilyGenius® is powered by Shopify, which enables us to provide the Services to you. However, any sale and purchase made in our store is made directly with GeniusCrafted™ by FamilyGenius®.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that take place between you and GeniusCrafted™ by FamilyGenius®, including any injury, damage, or loss caused by the products and services purchased.
You hereby expressly release Shopify and its affiliates from any claim, damage, and liability arising out of or relating to your purchases and transactions with GeniusCrafted™ by FamilyGenius®.
Section 10: Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed 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 related to your access to and use of the Services in order to provide and improve the Services for you.
In order to provide services to you, the information you submit to the Services will be transmitted to Shopify and to third parties, who may be located in countries other than the country in which you reside, and will be shared with them.
For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].
Section 11: Comments
If you send, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content collectively referred to as “Comments”, you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Comments in any medium and for any purpose, including commercial use.
For example, we may exercise our rights under this licence to manage, provide, evaluate, optimise, improve, and promote the Services, and to comply with our obligations and enforce our rights under the Terms of Service.
You also represent and warrant that:
- you own all necessary rights to all Comments;
- you have disclosed any compensation or incentive received in connection with your submission of Comments; and
- your Comments will comply with these Terms.
We have no obligation to:
- keep your Comments confidential;
- provide compensation for your Comments; or
- respond to your Comments.
We may, but have no obligation to, monitor, edit, or remove Comments that, in our sole discretion, we determine to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate the intellectual property rights of any party or these Terms of Service.
You agree that your Comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
You also agree that your Comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or 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 else, or mislead us or third parties as to the origin of any Comments.
You are solely responsible for any Comments you make and for their accuracy. We are not responsible for Comments posted by you or any third party.
Section 12: Errors, Inaccuracies, and Omissions
From time to time, there may be information about or within the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, 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 and without prior notice, including after you have placed 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 violate any international, federal, provincial, state, local, or regional regulations, laws, or ordinances;
c. to infringe or violate our intellectual property rights or the intellectual property rights of others;
d. to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person;
e. to transmit false or misleading information;
f. to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms;
g. to transmit or procure the sending of junk mail, chain letters, spam, or any other similar content;
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 that, as determined by us, may harm GeniusCrafted™ by FamilyGenius®, Shopify, or users of the Services, or expose them to liability.
You also agree not to:
a. upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects 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 prior notice if we determine that you have violated any part of these Terms.
Section 14: Termination
We may terminate this agreement or discontinue your access to the Services, or any part of them, at our sole discretion at any time without prior notice, and you shall remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Comments, 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 through or in 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 arising from any reliance placed on such materials by you or any visitor to the Services, or by anyone who may be informed of their content.
UNLESS EXPRESSLY STATED BY GeniusCrafted™ by FamilyGenius®, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT OR REPRESENT 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 THIS DISCLAIMER MAY NOT APPLY TO YOU.
Section 16: Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL GeniusCrafted™ by FamilyGenius®, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR 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, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 17: Indemnification
You agree to indemnify, defend, and hold harmless GeniusCrafted™ by FamilyGenius®, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys’ fees payable to any third party, arising as a result of:
- your breach of these Terms of Service or any documents incorporated by reference;
- your violation of any law or third-party rights; or
- your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that any failure to provide prompt notice shall not relieve you of your obligations unless you have suffered material prejudice.
We may control the defence and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably delayed.
You will cooperate in the defence of any claim subject to indemnification, including by providing relevant documents.
Section 18: Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall 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 or 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 relation to the Service constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including, without limitation, any prior versions of the Terms of Service.
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 20: Assignment
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void.
We may transfer, assign, or delegate these Terms, together with our rights and obligations, without your consent or notice.
Section 21: Governing Law
These Terms of Service and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction to which GeniusCrafted™ by FamilyGenius® belongs.
You and GeniusCrafted™ by FamilyGenius® submit to the venue and jurisdiction of such courts.
Section 22: Headings
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
Section 23: Changes to the Terms of Service
You may 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, modify, or replace any part of these Terms of Service by posting updates and changes on our website.
It is your responsibility to visit our website periodically to check for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes shall become effective from the date specified in the notice.
Your continued use of or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 24: Contact Information
Any questions about the Terms of Service should be sent to us at:
Our contact information is published below:
contact@geniustreebrands.com
Ronda de les Pollacredes, 17 - 08570, Torelló - Barcelona - Spain
+34 697482709
CIF: B22772974