Terms of Service

Welcome to Xiliphi. The terms "we", "us" and "our" refer to Xiliphi. Xiliphi 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"). Xiliphi is powered by Shopify, which enables us to provide the Services to you.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as 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. If you do not agree to these terms, you should not use or access 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 province or territory of residence, or that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person. You represent and warrant that all information you provide is correct, current and complete.

Section 2 — Our Products

We strive to ensure that product descriptions, pricing, and images are accurate. However, colors or product appearance may differ from how they appear on your screen due to your device settings. We do not warrant that the quality of any products will meet your expectations or be the same as depicted in our store.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction.

Section 3 — Orders

When you place an order, you are making an offer to purchase. Xiliphi reserves the right to accept or decline your order for any reason. Your order is not accepted until Xiliphi confirms acceptance and processes your payment. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after acceptance.

Your purchases are subject to return or exchange solely in accordance with our Returns Policy. Purchases are for personal or household use only and not for commercial resale or export.

Section 4 — Pricing & Payments

All prices are listed in Canadian dollars unless otherwise stated. Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise stated, prices do not include taxes, shipping, handling, or customs charges.

You represent and warrant that the payment information you provide is true, correct, and complete, and that you are authorized to use the payment method provided.

Section 5 — Shipping & Delivery

Shipping times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

Section 6 — Product Use & Allergies

Our products are intended for external cosmetic use only. Customers are responsible for reviewing ingredient lists and performing patch tests prior to use. Discontinue use if irritation occurs. Xiliphi is not responsible for adverse reactions due to individual sensitivities.

Section 7 — Intellectual Property

All original content on this website, including branding, text, design, layout, images, graphics, and product descriptions, is the property of Xiliphi and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our prior written consent. Certain images or media may be used under appropriate licenses or open-source terms.

Xiliphi's names, logos, and slogans are trademarks of Xiliphi and may not be used without prior written permission. Shopify's name and trademarks are the property of Shopify Inc.

Section 8 — Third-Party Links & Tools

The Services may contain links to third-party websites or provide access to third-party tools. We use third-party services including Klaviyo for email marketing and Judge.me for product reviews. Use of these services is subject to their respective terms and privacy policies. We are not responsible for the content, accuracy, or practices of any third-party sites or tools. Your use of third-party services is at your own risk and subject to their respective terms and policies.

Section 9 — Relationship with Shopify

Xiliphi is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make are made directly with Xiliphi. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Xiliphi, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims arising from your transactions with Xiliphi.

Section 10 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Section 11 — Feedback

If you submit feedback, reviews, or other content to us, you grant Xiliphi a perpetual, worldwide, royalty-free license to use, reproduce, modify, and distribute such content for any purpose, including to operate and improve the Services. You represent that you own or have all necessary rights to any feedback you submit, and that it does not violate any third-party rights.

Section 12 — Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors or omissions and to change or update information at any time without prior notice.

Section 13 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful purpose, to infringe intellectual property rights, to harass or harm others, to transmit false or misleading information, to send spam, to impersonate any person or entity, or to interfere with the security or operation of the Services. We reserve the right to terminate your access at any time for violations of these Terms.

Section 14 — Disclaimer of Warranties

The Services and all products offered through the Services are provided "as is" and "as available" without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties 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 do not allow the disclaimer of implied warranties, so the above may not apply to you.

Section 15 — Limitation of Liability

To the fullest extent permitted by law, Xiliphi, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Services or any products procured through the Services. Our products are intended for external cosmetic use only.

Section 16 — Indemnification

You agree to indemnify, defend and hold harmless Xiliphi, 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, arising out of your breach of these Terms, your violation of any law or third-party rights, or your access to and use of the Services.

Section 17 — Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. You and Xiliphi consent to the exclusive jurisdiction of the courts located in Ontario, Canada.

Section 18 — Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed from these Terms without affecting the validity of any other remaining provisions.

Section 19 — Changes to These Terms

We reserve the right to update these Terms of Service at any time by posting changes to this page. We will notify you of any material changes as required by applicable law. Your continued use of the Services following any changes constitutes acceptance of those updates.

Contact

If you have any questions regarding these Terms of Service, please contact us using our contact form