Terms of Service — plain text version

Where this goes: Shopify admin → Settings → Policies → Terms of service → paste → Save.

Read this first. I'm not a lawyer and this isn't legal advice. This is a working template built on the standard e-commerce structure, adapted to how your store actually operates. For anything beyond a small store it's worth having a solicitor read it once.

Before publishing, search for [EDIT]. Five things must be real: your legal entity name, business address, governing jurisdiction, contact email, and the date.

On governing law specifically — this is the field most people get wrong. It should be the jurisdiction where your business is legally registered, not where your customers are and not a country picked at random. If you haven't registered an entity yet, use your country of residence and revisit it when you do.

Delete Section 19 entirely unless you're actually running SMS marketing. An unused SMS consent clause is worse than none.

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Terms of Service

Last updated: [EDIT: date]

Overview

This website is operated by [EDIT: legal entity name] ("Onyxlyy", "we", "us", "our"). By visiting our site or purchasing from us, you agree to be bound by these Terms of Service, together with our Privacy Policy, Shipping Policy and Return & Refund Policy, each of which forms part of this agreement.

Please read these terms before using the site. If you don't agree with them, please don't use the site or place an order.

We may update these terms from time to time by posting a revised version on this page. Continued use of the site after a change means you accept the revised terms. The "last updated" date above tells you when we last changed anything.

Our store is hosted on Shopify Inc., which provides the e-commerce platform we sell through.

1. Who can order

By placing an order you confirm that you are at least the age of majority where you live, or that you have the consent of a parent or guardian.

You agree not to use our products or this site for any unlawful purpose, and not to transmit malicious code of any kind.

2. Products and descriptions

We describe our products as accurately as we can, including their dimensions, materials and construction. Colours may appear differently on your screen than in person — screens vary and we can't control that.

Our products are not medical devices. The Onyxlyy pillow is a sleep product designed to support the head and neck. It is not intended to diagnose, treat, cure or prevent any medical condition, including but not limited to sleep apnea, cervical spine disorders or chronic pain. Nothing on this site should be taken as medical advice. If you have a diagnosed condition or persistent pain, speak to a qualified healthcare professional before changing your sleep setup.

We may limit or discontinue any product at any time, and may limit quantities per person, household or order.

3. Orders, pricing and errors

Prices are shown in the currency selected at checkout and may change without notice. Prices are subject to change up until the point you place your order; the price you pay is the one shown at checkout.

We try hard to keep the site accurate, but occasionally there may be typographical errors, inaccuracies or omissions relating to descriptions, pricing, promotions, shipping charges or delivery estimates.

Where an error is obvious and unmistakable — for example a pricing error — we reserve the right to cancel the order and refund you in full, even after the order has been placed. We'll always contact you first and explain. We will not simply charge you a different amount.

We also reserve the right to refuse or cancel any order, including orders that appear to be placed by resellers or distributors, or that show signs of fraud.

4. Payment

Payment is taken at the time of ordering, through Shopify's payment processing. We do not store your card details. Card information is encrypted in transit and handled by our payment providers.

5. Fulfilment by third parties

Our products are shipped by third-party fulfilment partners on our behalf. This does not change your rights — your contract is with us, and any issue with your order should come to us, not to the carrier or the warehouse.

Estimated delivery times are set out in our Shipping Policy. They are estimates and not guarantees.

6. Returns and the 60-night trial

Our 60-night trial and refund terms are set out in full in our Return & Refund Policy, which forms part of these terms. In summary: you have 60 nights from delivery to decide, you don't need to post the pillow back for a standard return, and refunds are issued to your original payment method.

Nothing in these terms affects your statutory rights.

7. Your statutory rights

If you are a consumer in the United Kingdom or European Union, you have a statutory right to cancel within 14 days of receiving your order. Our 60-night trial runs alongside that right and is longer, not instead of it.

If you are in Australia, our goods come with guarantees that cannot be excluded under Australian Consumer Law.

Nothing in these terms limits or excludes any right you have that cannot be limited or excluded by law.

8. Reviews, comments and submissions

If you send us reviews, photographs, ideas or other material, you grant us permission to use, edit and publish it in connection with our business, without payment and without obligation to keep it confidential.

You confirm that anything you send is your own, doesn't infringe anyone else's rights, and isn't unlawful, abusive or misleading. You may not impersonate anyone or use a false email address.

We may remove any submission at our discretion. We are not obliged to monitor submissions and take no responsibility for material posted by users.

9. Third-party links and tools

Our site may link to third-party websites or use third-party tools. We don't control those and aren't responsible for their content, accuracy or practices. Please read their terms before using them.

10. Prohibited uses

You may not use this site or its content: for any unlawful purpose; to violate any law or regulation; to infringe our intellectual property or anyone else's; to harass, abuse, defame or discriminate against any person; to submit false or misleading information; to upload malicious code; to collect or track others' personal information; to spam, phish, scrape or crawl; for any obscene purpose; or to interfere with the site's security.

We may terminate your access for any of the above.

11. Intellectual property

The content of this site — including text, product photography, illustrations, the Onyxlyy name and logo, and the design of the site itself — belongs to us or our licensors. You may not reproduce, copy, resell or exploit any part of it without our written permission.

12. Disclaimer and limitation of liability

We do not warrant that the site will be uninterrupted, secure or error-free.

Except where stated by us and except as required by law, the site and everything on it is provided "as is" without warranties of any kind.

To the fullest extent permitted by law, [EDIT: legal entity name] and its directors, employees, agents and suppliers will not be liable for any indirect, incidental, special or consequential loss arising from your use of the site or our products.

Nothing in this section limits our liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. Some jurisdictions do not allow certain exclusions, in which case our liability is limited to the maximum extent the law allows.

13. Indemnification

You agree to indemnify and hold harmless [EDIT: legal entity name], its officers, employees and suppliers from any claim arising out of your breach of these terms or your violation of any law or third-party right.

14. Severability

If any provision of these terms is found unlawful or unenforceable, that provision will be severed and the remaining provisions will continue in force.

15. Termination

These terms are effective until terminated by either you or us. You may terminate at any time by ceasing to use the site. We may terminate if you fail to comply with these terms. Obligations incurred before termination survive it.

16. Entire agreement

These terms, together with the policies referenced in them, constitute the entire agreement between you and us regarding your use of this site.

Our failure to enforce any provision does not waive our right to enforce it later.

17. Governing law

These terms are governed by the laws of [EDIT: your jurisdiction], without regard to conflict-of-law principles. This does not deprive you of the protection of any mandatory consumer law in your country of residence.

18. Contact

Questions about these terms: [EDIT: contact email]

[EDIT: legal entity name] [EDIT: registered business address]

19. SMS marketing

Delete this entire section unless you are actually running SMS marketing.

By consenting to SMS marketing at checkout or through our forms, you agree to receive recurring automated marketing text messages at the number provided. Consent is not a condition of purchase.

Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time, or HELP for assistance. You can also contact us at [EDIT: contact email].

We use a third-party provider to deliver SMS. Your information is handled in accordance with our Privacy Policy.