Terms of service

PREVIEW
Welcome to Lonely in the Rain! The terms “we,” “our,” and “us” refer to Lonely in the Rain. Lonely in the Rain operates this shop and website, including all information, content, features, tools, products, and related services, to provide you, as a customer, with a personalized shopping experience (the “Services”). Lonely in the Rain is a Shopify-powered store, which enables us to provide the Services.

The Terms of Service below, along with all related policies (the “Terms of Service” or “Terms”), 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 cover areas such as 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 [LINK]. If you do not accept these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you declare that you are at least the age of majority in your state or province of residence, and you give us your consent to allow any minor under your care to use the Services on devices you own, purchase, or manage.
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 details. You declare and guarantee that all information you provide in our stores is correct, up-to-date, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activities under your account. You are not allowed to transfer, sell, assign, or sublicense your account to another person.

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 colors or appearance of products may differ from how they appear on your screen due to the type of device you use to access the store, as well as your device’s settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the description or appearance provided in our online stores.
All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit the quantities of any product 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 an offer to purchase. Lonely in the Rain reserves the right to accept or refuse your order for any reason, at our discretion. Your order is not accepted until Lonely in the Rain confirms its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Lonely in the Rain may not be able to accommodate cancellation requests after an order is accepted. If we do not accept, modify, or cancel an order, we will try to inform you by contacting the email address, billing address, and/or phone number provided at the time of ordering.
Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].
You declare and guarantee that your purchases are intended for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions may be changed 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 indicated in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping and handling fees, customs or import fees.
Prices displayed in our online stores may differ from prices offered in physical stores or in other online stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect prices and are governed by separate terms and conditions from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion’s terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you if necessary.
You declare and guarantee that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use this credit card for the purchase, (iii) the amounts charged by you will be honored by your credit card institution, and (iv) you will pay the amounts charged at the displayed prices, including shipping and handling fees and all applicable taxes, as appropriate.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, ownership and risk of loss are transferred to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, brand names, texts, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement of these, are the property of Lonely in the Rain, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms authorize you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants or should be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Lonely in the Rain, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted herein are reserved to Lonely in the Rain.
The names, logos, product and service names, designs, and slogans of Lonely in the Rain are trademarks of Lonely in the Rain or its affiliates or licensors. You must not use these trademarks without the prior written consent of Lonely in the Rain. 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 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, which we do not monitor, control, or influence.
You acknowledge and agree that we provide access to these tools “as is” and “as available,” without any warranty, representation, or condition of any kind, and without any endorsement. We disclaim any liability arising from your use of third-party optional tools or relating to them.
Any use by you of optional tools offered on the site is entirely at your own risk and discretion, and you should ensure you are familiar with and approve the terms under which the 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). These new features shall also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain documents and hyperlinks to websites provided or operated by third parties (including any third-party features integrated). We are not responsible for reviewing or evaluating the content or accuracy of third-party documents or websites to which you choose to access. If you decide to leave the Services to access these documents or third-party 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, resources, or content on third-party websites. Please carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Lonely in the Rain is powered by Shopify, which enables us to provide the Services. However, sales and purchases you make in our Store are conducted directly with Lonely in the Rain. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Lonely in the Rain, including any harm, damage, or loss resulting from products and services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from your purchases and transactions with Lonely in the Rain or relating to them.

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.
Since the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the services in order to provide and improve the Services. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in countries other than your country of residence, in order to provide services. Please consult our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, opinions, proposals, packages, or other content (collectively called “Feedback”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display this Feedback on any medium and for any purpose, including commercial purposes. We may, for example, use the rights granted by this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
You also declare and guarantee that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no and will have no obligation (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we deem, at our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback does not violate any third party’s rights, including copyright, trademarks, privacy, personality, or any other personal or proprietary right. You also agree that your Feedback does not contain defamatory or otherwise illegal, abusive, or obscene statements, or computer viruses or other malicious software that could affect the operation of the Services or any related website in any way. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties regarding the origin of Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility for any Feedback posted by you or by any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
It may happen that information on or in the Services contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, shipping fees, delivery times, and availability. We reserve the right to correct any error, inaccuracy, or omission and to modify or update information or cancel orders if information is inaccurate, at any time and without notice (including after you have submitted 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 illegal or malicious purposes; (b) to violate any regulation, rule, international, federal, provincial, or national law, or any local order; (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, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or send any advertising or promotional material, including any “spam,” “chain letter,” “junk mail,” or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to adopt any conduct that restricts or prevents the use or enjoyment of the Services by anyone, or that, in our opinion, may harm Lonely in the Rain, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to (a) upload or transmit viruses or any other type of malicious code that will or may be used in a manner that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) send spam, phishing, pharming, pretexting, robots, collectors, or scraping; or (e) interfere with or circumvent the security functions of the services or any associated website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, 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 on or through the Services is provided 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 any liability arising from the reliance you or any other visitor to the Services, or any other person informed of their content, places on this content.
UNLESS EXPRESSLY STATED BY Lonely in the Rain, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR OTHER, SO THE DISCLAIMER ABOVE MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Lonely in the Rain, 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, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, COST OF REPLACEMENT, OR ANY OTHER SIMILAR DAMAGE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED 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 ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Lonely in the Rain, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to a third party as a result of or arising from (1) your violation of these Terms of Service or the documents incorporated by reference herein, (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 inform you of any indemnifiable claim, provided that failure to provide prompt notice will not relieve you of your obligations unless you suffer significant harm. We may control the defense and settlement of this claim at your expense, including the choice of counsel, but we will not settle a claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be illegal, void, or unenforceable, such provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policy or operating rule published by us on this site or relating to the Service constitute the entire agreement and understanding between you and us and govern 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, all previous versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be interpreted against the party that drafted them.

SECTION 20 – ASSIGNMENT
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
These Terms of Service and any separate agreement by which we provide Services to you must be governed and interpreted in accordance with the federal, state, or territorial courts in the jurisdiction where Lonely in the Rain is headquartered. You and Lonely in the Rain consent to the venue and personal jurisdiction of these courts.

SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and do not limit or affect these Terms.

SECTION 23 – MODIFICATIONS TO THE TERMS OF SERVICE
You can always consult the most recent version of the Terms of Service on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by publishing updates and modifications on our website. It is your responsibility to regularly check our website to see if changes have been made. We will notify you of any significant changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Continuing to use the Services or access them after any modification of these Terms of Service constitutes acceptance of these changes.

SECTION 24 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to endlessmelancholia.shop@gmail.com.
Our contact details are listed below:
Lonely in the Rain
endlessmelancholia.shop@gmail.com
43 TER Chemin des Carmes, 31400 Toulouse, FRANCE
SIRET: 89374811100067
VAT: FR27893748111