Terms of service
OVERVIEW
Welcome to Intimate Elegance! The terms “we”, “us” and “our” refer to Intimate Elegance, operated by Vertixion. Intimate Elegance operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Intimate Elegance is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as information obligations, your statutory consumer rights, warranty 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 our Privacy Policy, you should not use or access our Services.
Nothing in these Terms of Service affects your statutory rights as a consumer under applicable mandatory law.
SECTION 1 – ACCESS AND ACCOUNT
By using the Services and making a purchase, you represent that you are at least 18 years old (or the age of majority in your country of residence, if higher) and have full legal capacity to enter into contracts. Our products are not intended for minors, and you must not allow any minor to purchase or use our products through the Services.
To use the Services, including accessing or browsing our online store 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 information. You represent and warrant that all the information you provide is correct, current and 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 for all activity occurring under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colours or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.
We do not warrant that the appearance or subjective quality of any products or services purchased by you will meet your personal expectations, provided that the products conform to the contract and to the description given.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case‑by‑case basis.
Nothing in these Terms affects your statutory rights under applicable consumer law. If a product is faulty, not as described or does not conform with the contract, you are entitled to remedies under mandatory EU and Maltese consumer law, including repair or replacement, or where appropriate a price reduction or refund.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase the products in your basket on the basis of these Terms. Intimate Elegance reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Intimate Elegance confirms acceptance, for example by sending you an order confirmation email.
Before you place an order, we will provide you with all mandatory pre‑contractual information required by EU and Maltese consumer law, including the total price (inclusive of all taxes and charges), the main characteristics of the products, our identity and contact details, delivery arrangements and your statutory rights.
We must receive and successfully process your payment before your order is accepted. Please review your order carefully before submitting. You may request cancellation of your order prior to dispatch; we will make reasonable efforts to accommodate such requests but cannot guarantee this. This does not affect your statutory right of withdrawal after delivery where applicable.
In the event that we do not accept, make a change to, or cancel an order (for example because the product is unavailable or there was an obvious pricing error), we will promptly notify you using the e‑mail, billing address, and/or phone number provided at the time the order was made and, if payment has already been taken, we will refund the relevant amounts.
Your purchases are subject to our Refund and Returns Policy [LINK], which complies with your statutory right of withdrawal for online consumer purchases where applicable and sets out any lawful exceptions (for example for sealed goods which are not suitable for return for health or hygiene reasons once unsealed, as permitted by Directive 2011/83/EU and its national implementation). Nothing in that policy limits your mandatory rights under consumer law.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change 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 set out in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include shipping and delivery charges, which will be displayed separately before you place your order. Before you confirm your order, we will display the total price payable, including VAT and any other applicable taxes and charges, as well as any delivery costs.
If additional customs or import duties apply for deliveries outside the European Union, these may be borne by you as the importing customer and will be indicated where known or otherwise explained before purchase where possible.
Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern for that promotion.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details (such as credit card numbers and expiration dates), so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honoured by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We will deliver the products to the address you provide within the delivery period indicated during checkout or, if no specific period is indicated, within a reasonable time after order confirmation.
Delivery times displayed on the site or during checkout are estimates and not guaranteed. We are not responsible for minor delays caused by events outside our reasonable control (for example strikes, severe weather, customs delays or failures of transport or telecommunications networks), but this does not affect your statutory rights, including your right to terminate the contract if delivery is excessively delayed under applicable law.
Risk of loss or damage to the products passes to you when you or a third party indicated by you, who is not the carrier, physically takes possession of the products. If you have chosen a carrier different from the one offered by us, risk will pass to you when the goods are handed over to that carrier.
Title to the products passes to you when we have received full payment of all sums due, including delivery charges.
SECTION 6 – INTELLECTUAL PROPERTY
The Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by Intimate Elegance / Vertixion, its affiliates or licensors and are protected by applicable copyright, trademark and other intellectual property laws.
These Terms permit you to use the Services for your personal, non‑commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent, except to the extent permitted by mandatory law (such as private copying exceptions).
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Intimate Elegance, Shopify or any third party. Unauthorized use of the Services may be a violation of intellectual property laws. All rights not expressly granted herein are reserved by Intimate Elegance / Vertixion.
Intimate Elegance’s names, logos, product and service names, designs, and slogans are trademarks of Intimate Elegance / Vertixion or its affiliates or licensors. You must not use such trademarks without the prior written permission of Intimate Elegance / Vertixion. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.
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 any endorsement, except where mandatory law imposes specific responsibilities. We shall have no liability whatsoever arising from or relating to your use of optional third‑party tools, without prejudice to any non‑excludable statutory rights you may have.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which 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). Such new features shall also be deemed part of the Services and are 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 the content or accuracy of any third‑party materials or websites you choose to access. If you decide to leave the Services to access these materials or third‑party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third‑party websites, or your purchase or use of any products, services, resources, or content on any third‑party websites, except where such liability cannot be excluded under mandatory law. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third‑party products and services should be directed to the third‑party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Intimate Elegance 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 Intimate Elegance / Vertixion.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Intimate Elegance / Vertixion, 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 Intimate Elegance / Vertixion, to the extent permitted by applicable law and without prejudice to any rights you may have directly against us as the trader.
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: https://www.shopify.com/legal/privacy/app-users.
The collection and use of your personal data is governed by Regulation (EU) 2016/679 (General Data Protection Regulation) and applicable Maltese data protection law. Our Privacy Policy explains in detail which personal data we process, for which purposes and on what legal bases, how long we retain it, with whom we share it (including Shopify and other processors), any international transfers and your rights of access, rectification, erasure, restriction, portability and objection.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy [LINK] and Shopify’s privacy notice 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 any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty‑free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback, where required by law; and (iii) your Feedback will comply with these Terms and applicable law. We are under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service, subject to any obligations we may have under consumer protection law regarding the authenticity and transparency of reviews.
You agree that your Feedback will not violate any right of any third‑party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene content, or contain 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 other than yourself, or otherwise mislead us or third‑parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third‑party, except where such liability cannot be excluded under mandatory law.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, 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 without prior notice (including after you have submitted your order), to the extent permitted by law.
If you have already placed an order based on incorrect information, we will notify you promptly and give you the option to reconfirm your order with the correct information or to cancel it and receive a refund of any amounts paid.
SECTION 13 – PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, EU, federal, national, provincial, regional or local regulations, rules or laws;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
(e) to transmit false or misleading information;
(f) to send, knowingly receive, upload, download, use, or re‑use any material that does not comply with these Terms;
(g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
(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 which, as determined by us, may harm Intimate Elegance / Vertixion, Shopify or users of the Services, or expose them to liability.
In particular, you must not use the Services to share or distribute any content that is illegal, including content involving minors, non‑consensual acts or exploitation.
In addition, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services in a manner not permitted by these Terms;
(c) collect or track the personal information of others in violation of data protection laws;
(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, where you materially or repeatedly violate any part of these Terms or use the Services unlawfully, in accordance with Section 14.
SECTION 14 – TERMINATION
We may suspend or terminate your access to the Services if you materially or repeatedly breach these Terms, use the Services unlawfully, or where we are required to do so by law or by order of a competent authority. Where reasonably possible, we will give you prior notice by email.
Termination or suspension will not affect any orders already accepted or your statutory rights as a consumer.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification (as limited by law), Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant that such information is free from all errors, although we will correct inaccuracies we become aware of as described in Section 12. Any reliance you place on such information is at your own risk, subject to your statutory rights.
Except as expressly stated by Intimate Elegance / Vertixion or required by law, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose and non‑infringement, to the extent permitted by law.
Nothing in these Terms excludes or limits any statutory warranties or rights that you have as a consumer under applicable law, including your rights relating to faulty or misdescribed goods and your right of withdrawal for distance contracts where applicable.
Some jurisdictions do not allow limitations on implied warranties, so the above may not apply to you to the extent it conflicts with mandatory law.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no case shall Intimate Elegance / Vertixion, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any loss of profits, loss of revenue, loss of savings, loss of data, loss of goodwill or any indirect or consequential damages arising from your use of any of the Services or any products procured using the Services.
Our aggregate liability for any other losses arising out of or in connection with the Services or any products purchased shall be limited to the amount you paid for the product that gave rise to the claim, except where mandatory law provides for a higher level of protection.
Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under applicable law.
Your statutory rights as a consumer are not affected.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Intimate Elegance / Vertixion, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from reasonable losses, damages and third‑party claims resulting directly from your unlawful use of the Services or your breach of these Terms, but only to the extent such losses are caused by your culpable conduct and only where such indemnification is permitted under applicable consumer law.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non‑monetary obligations from you without your consent (not to be unreasonably withheld). You will reasonably cooperate in the defence of indemnified claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
The failure of us 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 respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service), without prejudice to mandatory consumer rights under applicable law.
Any ambiguities 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 these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt will be null and void.
We may transfer our rights and obligations under these Terms to another company, for example in connection with a restructuring, merger or sale of business, provided that this does not reduce your statutory rights as a consumer or your contractual safeguards.
SECTION 21 – GOVERNING LAW AND JURISDICTION
These Terms of Service and any non‑contractual obligations arising out of or in connection with them are governed by the laws of Malta.
If you are a consumer resident in the European Union, you also enjoy the protection of the mandatory provisions of the law of your country of residence, and nothing in these Terms affects those rights.
The courts of Malta will have non‑exclusive jurisdiction. This means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in Malta or in the EU country where you live, in accordance with applicable jurisdiction rules.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website, in accordance with applicable law. Where required by law, we will notify you of any material changes to these Terms (for example by email or by a notice on the website), and such changes will be effective on the date specified in the notice.
Your continued use of or access to the Services following the effective date of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at office@vertixion.eu.
Our contact information is:
Vertixion
14, Venus
Triq Il‑Kan. Karm Bugelli
BBG 2481 Birżebbuġa, Malta
VAT: MT31993031
Email: office@vertixion.eu