Terms of service

OVERVIEW

Welcome to Cherié. The terms "we", "us", "our", and "Cherié" refer to Cherié, a business operating from Ontario, Canada. Cherié operates this store and website, including all related information, content, features, tools, products, and services (collectively, the "Services"). Cherié is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with all policies referenced herein (including our Refund Policy, Shipping Policy, and Privacy Policy) describe the legally binding rights and responsibilities of you and Cherié when you use the Services.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A MANDATORY ARBITRATION CLAUSE, A CLASS-ACTION WAIVER, LIMITATIONS OF LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

By visiting, interacting with, registering for, or making any purchase through the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, do not use the Services.

SECTION 1 - ACCESS, ELIGIBILITY, AND ACCOUNT

You represent and warrant that you are at least the age of majority in your jurisdiction of residence, are not located in a jurisdiction subject to comprehensive U.S., Canadian, EU, UK, or UN economic sanctions, and have full legal capacity to enter into these Terms.

To use the Services you may be asked to provide certain information, including your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for the security of your account credentials and for all activity occurring under your account. You may not transfer, sell, assign, lend, or license your account to any other person.

We reserve the right to suspend, terminate, or refuse account creation or order acceptance for any reason at our sole discretion, including but not limited to suspected fraud, prior chargeback activity, sanctions screening, or breach of these Terms.

SECTION 2 - OUR PRODUCTS

We have made reasonable efforts to depict our products accurately. However, color rendering, surface texture, gloss, perceived size, and overall visual appearance may differ between your display and the physical product due to monitor calibration, lighting, batch variations, and inherent characteristics of silicone manufacturing. Minor variances in color, magnet placement (within 2mm tolerance), and finish are not defects.

We do not warrant that our products will meet your subjective expectations or perform a specific function for you beyond their intended use. Compatibility with specific sunglass frames is described in our product compatibility guidance; you are responsible for confirming compatibility before ordering.

All product descriptions, specifications, prices, and availability are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product, limit quantities, or refuse orders to any person, geographic region, or jurisdiction at any time on a case-by-case basis.

SECTION 3 - ORDERS AND ACCEPTANCE

When you place an order, you make an offer to purchase, which we may accept or decline at our sole discretion. Your order is not accepted until we send a confirmation email AND your payment has been authorized and processed. Pricing or product errors discovered before shipment may result in our cancellation of the order, even after order confirmation; in such cases your sole remedy is a refund of any amount charged.

Cancellation of orders by the customer is governed by our Refund Policy. We may cancel any order, in whole or in part, before or after acceptance, for any of the following reasons (without limitation): suspected fraud, sanctions or export-control compliance, inventory or pricing errors, failed payment authorization, address verification failure, prior chargeback history, breach of these Terms, or commercial-resale activity.

You represent and warrant that your purchases are for your own personal or household use, and not for commercial resale, drop-shipping, marketplace re-listing, or export. We expressly prohibit unauthorized resale of our products. Any resale must be pursuant to a written authorized-reseller agreement signed by Cherié.

SECTION 4 - PRICES, BILLING, CURRENCIES, AND TAXES

All prices are quoted in U.S. Dollars (USD) unless otherwise expressly noted. Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time of order acceptance, as set out in your order confirmation.

Posted prices do not include taxes, shipping, handling, customs duties, brokerage fees, VAT, GST, or other import or export charges, all of which are the customer's responsibility unless we expressly state otherwise.

Promotional offers (discounts, coupon codes, free shipping thresholds, bundle pricing) are governed by additional terms specific to each promotion. Where promotion terms conflict with these Terms, the promotion terms govern with respect to the promotion. Promotional codes (a) are non-transferable, (b) have no cash value, (c) cannot be combined unless expressly permitted, (d) are revocable at our discretion, and (e) cannot be applied retroactively.

We reserve the right to require additional verification for any payment method, including credit card pre-authorization holds, billing-shipping address match, IP geolocation match, and bank verification calls. Failure of verification may result in order cancellation.

You represent and warrant that (a) your payment information is true, correct, and complete, (b) you are duly authorized to use the payment instrument, (c) charges incurred will be honored, and (d) you will pay all amounts due, including shipping and handling, taxes, and any reshipment, address-correction, or chargeback investigation fees that may apply.

SECTION 5 - SHIPPING, DELIVERY, RISK OF LOSS

Shipping is governed by our Shipping Policy. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs, weather, civil disruption, labor actions, public health events, or any cause outside our reasonable control.

Title and risk of loss pass to you at the moment we hand the goods to the carrier. After that handoff, the customer bears all risk of loss, theft, damage in transit, customs seizure, or carrier loss, except where applicable consumer-protection law mandates otherwise.

We may split shipments, ship from multiple fulfillment locations, or substitute equivalent carriers without notice. Shipments to remote, restricted, or sanctioned destinations may be refused or delayed indefinitely without liability.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brand assets, the "Cherié" wordmark, all photographic and cinematic media, product designs, color palettes, text, displays, images, graphics, video, audio, software, and the design, selection, and arrangement thereof (collectively, the "Cherié IP"), are owned by Cherié, its affiliates, or licensors, and are protected by U.S., Canadian, and international patent, copyright, trademark, trade-dress, and other intellectual property laws.

These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use only. You may not, without our express prior written consent: reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, scrape, frame, mirror, embed, reverse-engineer, train AI models on, or commercially exploit any portion of the Cherié IP.

Unauthorized use may constitute infringement and is subject to civil and criminal penalties. All rights not expressly granted herein are reserved.

Cherié's name, logo, wordmark, product names, designs, and slogans are trademarks of Cherié or its affiliates. You may not use such marks without our prior written permission. Shopify trademarks belong to Shopify Inc.

If you believe content on the Services infringes your intellectual property rights, send a written notice to derin@deepseamedia.ca with: (a) identification of the work, (b) location of the alleged infringement, (c) your contact information, (d) a statement of good-faith belief, (e) a statement of accuracy under penalty of perjury, and (f) your physical or electronic signature.

SECTION 7 - USER FEEDBACK AND CONTENT

If you submit ideas, suggestions, feedback, reviews, photographs, social-media tags, or any other content (collectively, "Feedback") to or about Cherié, you grant Cherié a perpetual, worldwide, royalty-free, transferable, sublicensable, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback in any medium and on any platform, for any purpose, including marketing and commercial use, without compensation or attribution to you.

You represent and warrant that (a) you own or control all rights to the Feedback, (b) the Feedback does not violate any third-party rights, (c) you have disclosed any compensation or incentives received in connection with the Feedback, and (d) the Feedback complies with these Terms and applicable law.

We have no obligation to maintain Feedback in confidence, pay compensation, or respond. We may, at our sole discretion, monitor, edit, refuse to publish, or remove any Feedback we deem unlawful, defamatory, infringing, or otherwise objectionable.

SECTION 8 - OPTIONAL TOOLS AND THIRD-PARTY LINKS

The Services may include access to optional tools or third-party features (payment processors, analytics, embedded widgets, marketplace integrations). These are provided "as is" without warranties of any kind. We disclaim all liability for your use of optional third-party tools. Your use is at your own risk.

The Services may contain links to external websites we do not operate. We are not responsible for the content, policies, or practices of those websites. Your use of any third-party website is at your own risk.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Cherié is powered by Shopify. Sales and purchases are made directly with Cherié. Shopify is not responsible for any aspect of any sale between you and Cherié, including any injury, damage, or loss. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your transactions with Cherié.

SECTION 10 - PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy. By using the Services, you acknowledge you have read and agreed to that Privacy Policy. The Services are hosted by Shopify, which collects and processes personal information in accordance with the Shopify Consumer Privacy Policy. By placing an order, you consent to the international transfer of your personal information for order fulfillment, fraud prevention, marketing, and analytics purposes, including transfers to countries that may not provide the same level of data protection as your home jurisdiction.

SECTION 11 - MARKETING COMMUNICATIONS

By providing your email address or phone number, you consent to receive transactional communications (order confirmations, shipping notifications, customer-service correspondence) and, where you have opted in or where permitted by applicable law, promotional and marketing communications from Cherié by email, SMS, or push notification.

You may opt out of promotional communications at any time using the unsubscribe link in our emails or by replying STOP to SMS messages. Opt-out does not affect transactional communications, which are necessary to fulfill your order.

SECTION 12 - PROHIBITED USES

You may use the Services for lawful purposes only. You may not, directly or indirectly: (a) use the Services for any unlawful or malicious purpose; (b) violate any international, federal, provincial, state, or local law; (c) infringe intellectual property rights; (d) harass or harm any person; (e) transmit false or misleading information; (f) spam or send unsolicited commercial communications; (g) impersonate any person or entity; (h) interfere with the operation of the Services; (i) reproduce, copy, scrape, harvest, or commercially exploit any portion of the Services; (j) collect or track personal information of others; (k) use any automated tool, robot, spider, scraper, AI agent (including agentic AI), or extraction tool to access the Services; or (l) circumvent any technical measure restricting access.

We reserve the right to suspend, terminate, or block your account or IP at any time, without notice, if we determine you have violated this section.

SECTION 13 - AGENTS AND AUTOMATED ACCESS

13.1 This section applies if you deploy or cause the deployment of an Agent to access, use, or interact with the Services. "Agent" means any software or service taking autonomous or semi-autonomous action on behalf of any person, including AI assistants, scrapers, browser-automation tools, and similar.

13.2 No Agent may access the Services unless it (a) identifies itself in every HTTP/HTTPS request via the user-agent header in the format "Agent/[name]", (b) does not mimic human behavior, (c) does not bypass CAPTCHAs or anti-bot measures, (d) responds truthfully to identification queries, and (e) respects all robot-exclusion headers and rate limits.

13.3 We may technically restrict, throttle, or block any Agent at our sole discretion.

SECTION 14 - SANCTIONS, EXPORT CONTROL, AND RESTRICTED DESTINATIONS

You represent and warrant that you (and any party for whom you order) are not (a) located in a country subject to comprehensive U.S., Canadian, U.K., EU, or U.N. economic sanctions or embargoes (including but not limited to Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, Luhansk, Kherson, and Zaporizhzhia regions of Ukraine, or any successor sanctions regime), and (b) not on any sanctioned-persons list maintained by the Office of Foreign Assets Control of the U.S. Treasury, the Government of Canada, His Majesty's Treasury (UK), the European External Action Service, or the United Nations Security Council.

You will not export, re-export, transfer, or use the products in violation of any applicable export-control law. We may refuse, cancel, or hold any order at our sole discretion based on sanctions, export-control, or destination-screening determinations. We reserve the right to share order information with government authorities as required by applicable law.

SECTION 15 - DISPUTE RESOLUTION; MANDATORY ARBITRATION; CLASS-ACTION WAIVER

15.1 Informal Resolution. Before filing any formal claim, you agree to contact us at derin@deepseamedia.ca with a written description of the dispute and to negotiate in good faith for at least sixty (60) days. Any subsequent statute of limitations for the claim is tolled during this period.

15.2 Binding Arbitration. If the dispute cannot be resolved informally, you and Cherié agree that any dispute, claim, or controversy arising out of or related to these Terms, the Services, or any product or transaction (a "Dispute"), other than disputes seeking injunctive relief for intellectual-property infringement or to enforce confidentiality, will be resolved exclusively by final, binding arbitration administered by the Canadian Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in English, seated in Toronto, Ontario, Canada (or by remote video at the parties' agreement). The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class-Action Waiver. YOU AND CHERIÉ EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING. ARBITRATION OR LITIGATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. The arbitrator may not consolidate claims of multiple persons.

15.4 Jury Waiver. TO THE EXTENT PERMITTED BY LAW, YOU AND CHERIÉ EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

15.5 Small Claims Carve-Out. Either party may bring an individual action in small-claims court of competent jurisdiction in lieu of arbitration.

15.6 Severability of Arbitration Clause. If the class-action waiver is found unenforceable, the remainder of this section will be enforced to the maximum extent permitted by law and any class or collective claim must be litigated in court, not arbitration.

15.7 Statutory Rights Preserved. Nothing in this section is intended to waive any non-waivable statutory consumer right under the law of your jurisdiction of residence. Where applicable mandatory consumer law conflicts with this arbitration clause, the mandatory law prevails to the minimum extent necessary.

SECTION 16 - LIMITATION PERIOD

Any cause of action or claim you may have arising out of or relating to these Terms, the Services, or any product must be commenced within ONE (1) YEAR after the cause of action accrues, or it is permanently barred. This limitation does not apply where prohibited by mandatory law in your jurisdiction.

SECTION 17 - DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO REPRESENTATION REGARDING THE SUITABILITY OF ANY PRODUCT FOR ANY SPECIFIC SUNGLASS FRAME, USER, USE-CASE, OR ENVIRONMENT.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 18 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, CHERIÉ, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, AND LICENSORS (INCLUDING SHOPIFY AND ITS AFFILIATES) SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES OR ANY PRODUCT SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, EXCLUSIVE OF TAXES AND SHIPPING.

WHERE APPLICABLE LAW DOES NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Cherié, Shopify, and their respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any claims, losses, damages, liabilities, settlements, and reasonable attorneys' fees, payable to any third party, arising out of or related to (a) your breach of these Terms or any policy referenced herein, (b) your violation of any law or third-party right, (c) your access to or use of the Services, (d) your Feedback, (e) any unauthorized commercial use or resale of products, or (f) any fraudulent or bad-faith claim made by you.

We will notify you of any indemnifiable claim. Failure to notify will not relieve your obligations unless you are materially prejudiced. We may assume control of the defense and settlement at your expense, with counsel of our choosing. We will not settle a claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate fully in the defense of indemnified claims.

SECTION 20 - FORCE MAJEURE

We shall not be liable for any failure or delay in performance arising from any cause beyond our reasonable control, including without limitation: acts of God, natural disaster, severe weather, fire, flood, earthquake, pandemic, epidemic, public-health emergency, war, civil disturbance, terrorism, sabotage, riot, embargo, sanctions, government action, judicial order, change in law, currency restriction, labor action, strike, lockout, supplier failure, raw-material shortage, energy shortage, internet or telecommunications outage, cyberattack, ransomware, payment-processor outage, carrier failure, customs inspection, or border closure.

If a force-majeure event continues for more than ninety (90) days, either party may cancel the affected order; in that case our sole obligation is to refund the affected order.

SECTION 21 - GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the mandatory arbitration clause in Section 15, you and Cherié submit to the exclusive jurisdiction and venue of the courts of Ontario, Canada, for any matter not subject to arbitration. You waive any objection to such venue based on inconvenient forum.

Where the law of your jurisdiction of residence provides mandatory consumer rights that cannot be waived, those rights are preserved.

SECTION 22 - SEVERABILITY

If any provision of these Terms is determined unlawful, void, or unenforceable in whole or in part, that provision shall be enforceable to the fullest extent permitted by law. The unenforceable portion is severed and does not affect the validity of the remaining provisions.

SECTION 23 - WAIVER; ENTIRE AGREEMENT

No failure or delay by us to exercise any right or provision of these Terms constitutes a waiver of that right.

These Terms, together with all referenced policies, constitute the entire agreement between you and Cherié regarding the Services and supersede all prior or contemporaneous agreements, communications, or proposals, whether oral or written.

Any ambiguity in these Terms shall not be construed against the drafting party.

SECTION 24 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights without our prior written consent; any attempted assignment without consent is void. We may assign or transfer these Terms and our rights and obligations without consent or notice in connection with a merger, acquisition, financing, sale of assets, or by operation of law.

SECTION 25 - SURVIVAL

The following sections survive termination: Intellectual Property; User Feedback and Content; Privacy Policy; Sanctions, Export Control, and Restricted Destinations; Dispute Resolution; Limitation Period; Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law; Severability; Waiver and Entire Agreement; Assignment; and any other provision that by its nature should survive.

SECTION 26 - NOTICES; ELECTRONIC COMMUNICATIONS

Any notice to Cherié must be sent in writing to derin@deepseamedia.ca. We may give you notice by email to the address associated with your account, by posting on our website, or by any other means reasonably designed to provide actual notice.

By using the Services, you consent to receive electronic communications from us, including agreements, notices, disclosures, and other information. You agree that any electronic communications satisfy any legal requirement that such communications be in writing.

SECTION 27 - HEADINGS; INTERPRETATION

Headings are for convenience only and do not affect interpretation. The terms "include" and "including" are not limiting. Singular includes plural and vice versa. References to days mean calendar days unless "business days" is specified.

SECTION 28 - CHANGES TO TERMS OF SERVICE

We may update these Terms at any time by posting the updated version on our website and updating the "Last updated" date. Material changes will be communicated by email or prominent notice. Your continued use of the Services after changes constitutes acceptance of the updated Terms.

SECTION 29 - CONTACT INFORMATION

Cherié
440 Central Ave., London, ON, N6B 2E5, Canada
derin@deepseamedia.ca

Last updated: May 9, 2026