Terms of service

TERM OF SERVICE

By using this Site, you represent that:

  • You are at least 16 years of age (or the age of majority in your jurisdiction)
  • You have the legal capacity to enter into a binding contract
  • You will use the Site in compliance with these Terms and all applicable laws
  • All information you provide is accurate, current, and complete

If you are using the Site on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

3. MODIFICATIONS TO TERMS

We reserve the right to update, change, or replace any part of these Terms at any time by posting updates on this page. It is your responsibility to check this page periodically for changes.

Changes will be effective immediately upon posting. Your continued use of the Site after any changes constitutes acceptance of those changes.

Last Updated Date: The date at the top of this document indicates when these Terms were last revised.

4. USE OF THE SITE

Permitted Use:

You may use the Site for lawful purposes only, including:

  • Browsing products
  • Making purchases
  • Creating an account
  • Contacting customer support

Prohibited Uses:

You agree NOT to:

  • Use the Site for any unlawful purpose or to solicit others to perform unlawful acts
  • Violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • Submit false or misleading information
  • Upload or transmit viruses or any other type of malicious code
  • Collect or track the personal information of others
  • Spam, phish, pharm, pretext, spider, crawl, or scrape
  • Interfere with or circumvent the security features of the Site
  • Use any robot, spider, or other automatic device to access the Site
  • Attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site

Violation of these prohibited uses may result in immediate termination of your account and legal action.

5. PRODUCTS AND SERVICES

Product Descriptions:

We strive to provide accurate product descriptions, images, and specifications. However:

  • We do not warrant that product descriptions, colors, images, or other content are accurate, complete, reliable, current, or error-free
  • If a product is not as described, your sole remedy is to return it in accordance with our Refund Policy

Pricing:

  • All prices are listed in USD (United States Dollars) unless otherwise stated
  • Prices are subject to change without notice
  • We reserve the right to modify or discontinue products at any time
  • Promotional prices are valid for the specified period only

Made-to-Order Products:

Many of our products are made-to-order, meaning:

  • Production begins after your order is placed
  • Customization or personalization may be available
  • Made-to-order items are generally non-refundable except for defects or errors (see Refund Policy)

Availability:

  • Product availability is subject to change
  • We reserve the right to limit quantities or refuse orders
  • If a product becomes unavailable after you place an order, we will notify you and offer a refund or alternative

6. ACCOUNT REGISTRATION

Creating an Account:

To access certain features (order history, saved addresses, faster checkout), you may create an account.

You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized use of your account

You are responsible for all activities that occur under your account.

Account Termination:

We reserve the right to suspend or terminate your account at any time for:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Abuse of our services or staff
  • Any other reason at our sole discretion

7. ORDERS AND PAYMENT

Order Acceptance:

  • Your order is an offer to purchase products
  • We reserve the right to accept or reject any order for any reason
  • Order confirmation does not guarantee acceptance
  • We may require additional verification before processing your order

Payment:

  • Payment is due at the time of purchase
  • We accept major credit cards, PayPal, and other payment methods as displayed at checkout
  • All payments are processed securely through Shopify Payments or third-party payment processors
  • We do not store your full credit card information

Payment Authorization:

By providing payment information, you:

  • Authorize us to charge the total amount (including products, shipping, taxes, and fees)
  • Confirm that you are authorized to use the payment method
  • Agree to pay all charges incurred

Pricing Errors:

If we discover a pricing error after you place an order:

  • We will notify you and give you the option to cancel or proceed at the correct price
  • We are not obligated to honor incorrect prices

8. SHIPPING AND DELIVERY

Shipping:

  • Shipping costs and delivery times are displayed at checkout
  • We ship to addresses provided by you
  • You are responsible for providing an accurate shipping address
  • We are not responsible for delays caused by incorrect addresses

Delivery:

  • Estimated delivery times are approximate and not guaranteed
  • Delivery may be delayed due to customs, weather, carrier issues, or other factors beyond our control
  • Risk of loss and title pass to you upon delivery to the carrier

International Orders:

  • International customers are responsible for:
    • Customs duties and import taxes
    • Compliance with local laws and regulations
  • We are not responsible for customs delays or fees

For full details, see our Shipping Policy.

9. RETURNS AND REFUNDS

Our Refund Policy governs returns, exchanges, and refunds.

Key Points:

  • Made-to-order items are generally non-refundable except for defects or errors
  • Defective or incorrect items may be replaced or refunded within 30 days
  • EU customers have a 14-day cancellation right under the Consumer Rights Directive
  • California customers have additional rights under the CCPA

For full details, see our Refund Policy.

10. INTELLECTUAL PROPERTY

Ownership:

All content on this Site, including but not limited to:

  • Text, graphics, logos, images, videos
  • Product designs, descriptions, and specifications
  • Software, code, and functionality
  • Trademarks, service marks, and trade names

...is the property of HerSena or our licensors and is protected by copyright, trademark, and other intellectual property laws.

Limited License:

We grant you a limited, non-exclusive, non-transferable license to:

  • Access and use the Site for personal, non-commercial purposes
  • View and print content for personal use only

You may NOT:

  • Reproduce, distribute, modify, or create derivative works
  • Use our content for commercial purposes without written permission
  • Remove or alter any copyright, trademark, or proprietary notices
  • Use our trademarks or branding without authorization

User-Generated Content:

If you submit reviews, photos, videos, or other content:

  • You grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display your content
  • You represent that you own or have permission to use the content
  • You waive any moral rights or attribution rights

11. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW:

"AS IS" Basis:

The Site and all products and services are provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, either express or implied.

No Warranties:

We disclaim all warranties, including but not limited to:

  • Merchantability: Products are fit for their intended purpose
  • Fitness for a particular purpose: Products meet your specific needs
  • Non-infringement: Products do not violate third-party rights
  • Accuracy or reliability: Information on the Site is accurate or complete
  • Uninterrupted or error-free service: The Site will always be available

Product Performance:

  • We do not guarantee specific results from using our products
  • Individual results may vary
  • Product images may differ slightly from actual products

Third-Party Services:

  • We are not responsible for third-party websites, services, or content linked from our Site
  • Use of third-party services is at your own risk

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW:

No Liability for Damages:

HerSena, our directors, officers, employees, agents, and affiliates shall NOT be liable for:

  • Direct damages: Loss of profits, revenue, data, or business opportunities
  • Indirect damages: Consequential, incidental, special, or punitive damages
  • Personal injury or property damage resulting from your use of the Site or products
  • Errors, mistakes, or inaccuracies in content
  • Unauthorized access to your data or account
  • Interruptions or cessation of the Site
  • Bugs, viruses, or malicious code transmitted through the Site
  • Third-party conduct or content

Maximum Liability:

Our total liability to you for any claim arising from your use of the Site or products shall not exceed the amount you paid for the product giving rise to the claim, or $100 USD, whichever is less.

Exceptions:

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, our liability will be limited to the maximum extent permitted by law.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless HerSena and our affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Site or products
  • Your violation of these Terms
  • Your violation of any third-party rights (including intellectual property or privacy rights)
  • Your submission of false, misleading, or unlawful content
  • Your fraudulent or illegal activity

This indemnification obligation survives termination of these Terms.

14. GOVERNING LAW AND JURISDICTION

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of:

  • Israel (where our business is registered)
  • Without regard to conflict of law principles

Jurisdiction:

You agree that any legal action or proceeding arising from these Terms or your use of the Site shall be brought exclusively in the courts of Israel.

By using the Site, you consent to the jurisdiction and venue of such courts.

International Users:

If you access the Site from outside Israel, you are responsible for compliance with local laws.

15. DISPUTE RESOLUTION

Informal Resolution:

Before filing a legal claim, you agree to contact us at hello@hersena.com to attempt to resolve the dispute informally.

Arbitration (Optional):

If informal resolution fails, disputes may be resolved through binding arbitration in accordance with the rules of [arbitration body, e.g., Israeli Arbitration Association].

Arbitration Terms:

  • Arbitration will be conducted in Israel or remotely
  • Each party bears its own costs unless otherwise awarded
  • Arbitration decisions are final and binding

Class Action Waiver:

You agree to resolve disputes on an individual basis only and waive any right to participate in class actions or class arbitrations.

Exceptions:

Either party may seek injunctive relief in court to protect intellectual property rights or prevent irreparable harm.

16. PRIVACY AND DATA PROTECTION

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

Key Points:

  • We comply with GDPR (for EU customers) and CCPA (for California customers)
  • You have rights to access, delete, correct, and port your data
  • We use cookies and tracking technologies (see Privacy Policy)

For full details, see our Privacy Policy.

17. GDPR COMPLIANCE (EU CUSTOMERS)

If you are located in the European Economic Area (EEA), you have specific rights under the General Data Protection Regulation (GDPR):

  • Right to access, rectify, erase, restrict, or port your data
  • Right to object to processing and withdraw consent
  • Right to lodge a complaint with your local data protection authority

To exercise your rights, contact us at hello@hersena.com.

18. CCPA COMPLIANCE (CALIFORNIA CUSTOMERS)

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA):

  • Right to know what personal information we collect and how we use it
  • Right to delete your personal information
  • Right to opt out of the "sale" or "sharing" of your data
  • Right to non-discrimination for exercising your rights

We do NOT sell your personal information for monetary gain.

To exercise your rights, contact us at hello@hersena.com with "CCPA Request" in the subject line.

19. TERMINATION

Termination by You:

You may stop using the Site at any time. If you have an account, you may request deletion by contacting us.

Termination by Us:

We reserve the right to suspend or terminate your access to the Site at any time, with or without notice, for:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Any other reason at our sole discretion

Effect of Termination:

Upon termination:

  • Your right to use the Site immediately ceases
  • We may delete your account and data (subject to legal retention requirements)
  • Provisions that by their nature should survive (indemnification, limitation of liability, governing law) will remain in effect

20. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

  • That provision shall be modified to the minimum extent necessary to make it valid and enforceable
  • If modification is not possible, the provision shall be severed
  • The remaining provisions shall remain in full force and effect

21. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Refund Policy, and Shipping Policy, constitute the entire agreement between you and HerSena regarding your use of the Site.

These Terms supersede any prior agreements, understandings, or representations, whether written or oral.

22. WAIVER

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Any waiver must be in writing and signed by an authorized representative of HerSena.

23. ASSIGNMENT

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent.

We may assign or transfer these Terms at any time, including in connection with a merger, acquisition, or sale of assets.

24. FORCE MAJEURE

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

  • Acts of God (natural disasters, pandemics, epidemics)
  • War, terrorism, civil unrest
  • Government actions or regulations
  • Labor disputes or strikes
  • Supplier or carrier delays
  • Internet or telecommunications failures

25. CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us:

Email: hello@hersena.com
Subject Line: Terms of Service Inquiry
Response Time: Within 24-48 hours (business days)

Business Address:
HerSena
Salt Lake City, Utah
(Update with your actual registered business address if different)

26. ACKNOWLEDGMENT

By using this Site, you acknowledge that:

  • You have read and understood these Terms of Service
  • You agree to be bound by these Terms
  • You have reviewed our Privacy Policy, Refund Policy, and Shipping Policy
  • You are at least 16 years of age (or the age of majority in your jurisdiction)

Thank you for choosing HerSena. We appreciate your business and are committed to providing you with quality products and excellent service.

END OF TERMS OF SERVICE