Terms of service
Welcome to Sama! The terms “we,” “our,” and “us” refer to Sama. Sama operates this store 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”). Sama is a Shopify-powered store, which enables us to provide the Services.
The following Terms of Use, along with any 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 regarding 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 agree to these Terms of Service or 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 authorize any minors under your supervision 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 products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and all account activity. You may not transfer, sell, assign, or grant your account to another person.
SECTION 2 – OUR PRODUCTS
We strive to provide an accurate representation of our products and services in our online stores. However, please note that colors or appearance of products may differ from how they appear on your screen due to your device type, 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 what is described or rendered in our online stores.
All product descriptions are subject to change at any time 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, region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. Sama reserves the right to accept or refuse your order for any reason at its discretion. Your order is not accepted until Sama confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Sama may not be able to accommodate cancellation requests after acceptance. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided at the time of order.
Purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or domestic use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions may change without notice. The price charged for a product or service will be the prevailing price at the time the order is placed and will be indicated in your order confirmation email. Unless otherwise stated, prices do not include taxes, shipping and handling fees, customs or import duties.
Prices displayed in our online stores may differ from those in physical stores or other online or third-party stores. We may occasionally offer promotions on the Services that may affect prices and are governed by separate terms from these Terms. In case of a conflict between promotion terms and these Terms, the promotion terms prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other information, including email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) amounts charged will be honored by your credit card issuer; and (iv) you will pay the amounts charged at the displayed prices, including shipping, handling, and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All shipping times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we transfer 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, service marks, texts, displays, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are owned by Sama, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms only authorize you to use the Services for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display or perform, republish, upload, store, or transmit material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of Sama, Shopify, or any third party. Unauthorized use may violate federal and national intellectual property laws. All rights not expressly granted herein are reserved by Sama.
The names, logos, product and service names, designs, and slogans of Sama are trademarks of Sama or its affiliates or licensors. You may not use these trademarks without Sama’s prior written consent. The names, logos, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to third-party customer tools through the Services, which we do not monitor and have no control or influence over.
You acknowledge and agree that we provide access to these tools “as is” and “as available” without warranties, representations, or endorsements of any kind. We disclaim liability arising from your use of or reliance on third-party optional tools.
Any use of optional tools provided through the site is at your own risk and responsibility. You must ensure that you understand and accept the terms under which the third-party tools are provided.
We may also, in the future, introduce new features through the Services, including new tools and resources, which will be considered part of the Services and subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain documents and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites you access. You do so at your own risk.
We are not liable for any damage or loss related to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Please review third-party policies and practices carefully before engaging in any transaction. Complaints or questions regarding third-party products and services must be addressed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section describes the relationship between Shopify and your store and should not be removed or altered.]
Sama is powered by Shopify, which allows us to provide the Services. However, sales and purchases made in our Store are conducted directly with Sama. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Sama, including any damages, losses, or injuries resulting from products or services purchased. You hereby release Shopify and its affiliates from any claims, damages, or liability arising from your purchases and transactions with Sama or related thereto.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy [LINK], and some personal information may be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services to provide and improve them. Information you submit to the Services is shared with Shopify and third parties that may be located outside your country to provide Services. See our Privacy Policy [LINK] for more details.
SECTION 11 – FEEDBACK SUBMISSIONS
If you submit ideas, suggestions, feedback, reviews, proposals, packages, or other content (“Feedback”), you grant us a worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes.
You represent and warrant that you (i) own or have rights to all Feedback, (ii) have disclosed any compensation or incentive received for submitting Feedback, and (iii) that your Feedback complies with these Terms. We have no obligation to maintain confidentiality, provide compensation, or respond to Feedback.
We may, but are not required to, review, edit, or remove Feedback we deem, at our sole discretion, illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes intellectual property or these Terms. You agree that your Feedback does not violate any third-party rights and contains no defamatory or illegal material or malware.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Information in the Services may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, shipping, delivery, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to modify, update, or cancel orders if information is inaccurate at any time without notice, including after submission.
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not: (a) use the Services illegally or maliciously; (b) violate any law, rule, or regulation; (c) infringe intellectual property rights; (d) harass, abuse, or harm others; (e) transmit false or misleading information; (f) send material in violation of these Terms; (g) send unsolicited promotional material; (h) impersonate others; or (i) engage in conduct that restricts or inhibits others’ use of the Services.
You also agree not to upload malware, copy or exploit Services, collect personal information, send spam or phishing, or interfere with security features. We may suspend or terminate accounts for violations.
SECTION 14 – TERMINATION
We may terminate these Terms or your access to the Services at our discretion, at any time, without notice. You remain liable for amounts due until termination. Sections including Intellectual Property, Feedback, Disclaimers, Limitation of Liability, Indemnification, and Privacy survive termination.
SECTION 15 – WARRANTY DISCLAIMER
Information on the Services is for general informational purposes only. We make no warranties regarding accuracy, completeness, or usefulness. Except as expressly stated, the Services and products are provided “as is” and “as available,” without warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Sama, its partners, directors, employees, affiliates, agents, contractors, service providers, or licensors, or Shopify and its affiliates, shall not be liable for any damages, including direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Sama, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorney fees, payable to a third party arising out of or relating to (1) your violation of these Terms of Service or incorporated documents, (2) your violation of any law or third-party rights, or (3) your access to or use of the Services.
We will notify you of any indemnifiable claim; however, failure to provide prompt notice does not release you from your obligations unless you suffer material prejudice. We may control the defense and settlement of such claim at our expense, including selection of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You agree to 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, the provision shall remain enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed removed 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 does not constitute a waiver of that right or provision.
These Terms of Service and any policies or operational rules published by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written (including all prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms shall not be construed against the drafter.
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 attempt to do so is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreement by which we provide the Services shall be governed and construed in accordance with the federal and state or territorial courts in the jurisdiction where Sama is headquartered. You and Sama agree to the venue and personal jurisdiction of these courts.
SECTION 22 – HEADINGS
Headings used in this agreement are for convenience only and do not limit or affect the Terms.
SECTION 23 – CHANGES TO 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 by posting updates on our website. It is your responsibility to check the website regularly for changes. We will notify you of any material changes as required by applicable law, and such changes take effect on the date specified in the notice. Continued use of or access to the Services after the posting of changes constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to: business@samawatches.com.