Terms of Service

Welcome to Serena! The terms “we,” “us” and “our” refer to Serena. Serena operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). Serena uses the Shopify platform, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and obligations when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your 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 by our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you must 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 state or province of residence, and you authorize us to allow your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including to access or browse our online stores or to purchase our products and services, you may be asked to provide certain information, such as your email address and your billing, payment and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete, and that you have all the rights necessary to provide it.

You are solely responsible for the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any third party.

SECTION 2 - OUR PRODUCTS

We make every effort to present our products and services accurately in our online stores. Please note that the colors and appearance of products may differ from how they appear on your screen, depending on the device you use to access the store and its settings.

We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or be identical to how they are depicted 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 discontinue any product at any time and to limit the quantities we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Serena reserves the right to accept or decline your order, at its sole discretion and for any reason. Your order is not accepted until we confirm it. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Serena may be unable to process cancellation requests once an order has been accepted. If we decline, change or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided when the order was placed.

Your purchases may be returned or exchanged only in accordance with our Refund Policy.

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 shown in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may differ from prices offered in physical stores or in other online stores operated by third parties. We may, from time to time, 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 of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You also agree to promptly update your account information, including your email address, card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) your credit card information is true, correct and complete; (ii) you are duly authorized to use that credit card for the purchase; (iii) the charges you incur will be honored by your credit card issuer; and (iv) you will pay the charges you incur at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events beyond our control. Once the products are handed over to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Serena, its affiliates or licensors and are protected by U.S. and foreign patent, copyright 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 as expressly provided herein, nothing in these Terms grants, or shall be construed as granting, a license or other rights to you under any patent, trademark, copyright or other intellectual property of Serena, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Serena.

Serena's names, logos, product and service names, designs and slogans are trademarks of Serena, its affiliates or licensors. You must not use them without Serena's prior written permission. Shopify's names, logos, 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

As part of the Services, you may be given access to customer tools offered by third parties. We have no control over or input into these tools.

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 on our part. We accept no liability whatsoever for your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk. It is your responsibility to make sure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services (including new tools and resources). Such new features will also be considered part of the Services and will be 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 such third-party materials or sites, you do so at your own risk.

We are not liable for any harm or damages related to your access to any third-party websites, or to your purchase or use of any products, services, resources or content on those websites. Please review the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Claims, complaints, questions or other concerns regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Serena uses the Shopify platform, which enables us to provide the Services to you. However, all sales and purchases you make in our Store are made directly with Serena. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Serena, 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 Serena.

SECTION 10 - PRIVACY POLICY

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

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 through the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than your own, in order to provide the services to you. See our privacy policy 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, comments, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve and promote the Services and to perform our obligations and exercise our rights under the 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 incentive received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not and shall not be under any obligation (1) to keep your Feedback confidential; (2) to pay you 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, defamatory, pornographic, obscene or otherwise objectionable, or that violates any third party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, right of publicity or any other personal or proprietary right. You further agree that your Feedback will not contain any defamatory, unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties in any way as to the origin of your Feedback. You are solely responsible for any Feedback you post and for its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or by any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Information in the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or even cancel orders if any information turns out to be inaccurate, at any time and without prior notice (including after you have submitted your order).

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 local, international, federal, provincial or state regulations, rules, laws or ordinances; (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 injure 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 unsolicited email, 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, in our opinion, may harm Serena, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (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, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any use you make of this information is at your own risk. We disclaim all liability arising from any use of this information by you, by any other user of the Services or by anyone who may be informed of its contents.

EXCEPT AS EXPRESSLY STATED BY SERENA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE 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 limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SERENA, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Serena, 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, payable to any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim. However, a failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced as a result. We may control the defense and settlement of such a claim at your expense, including the choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which will not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Such a determination will not affect the validity and enforceability of any other provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

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

These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement between you and us and govern your use of the Service. They supersede 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).

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 this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws applicable in the federal, state or territorial courts of the place where Serena has its head office. You and Serena consent to the venue and personal jurisdiction of those courts.

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 THE 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. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

If you have any questions about the Terms of Service, please contact us.