Terms and Conditions

1. Definitions

In this agreement, the following terms shall have the meanings assigned to them:

1.1 "Products"

Refers to both physical goods (such as sweaters, bottles, luggage) and digital goods (such as subscriptions, downloadable content, or any other electronic services) offered for sale or subscription through our website. These products may be updated or modified from time to time.

1.2 "Services"

Refers to any service provided by our company, including but not limited to the delivery of physical products, access to digital content, subscription management, customer support, and any other services offered in connection with our products.

1.3 "Customer"

Any individual or legal entity who purchases products or services from our website, registers for an account, or uses any services provided by us. This includes users who access the website for browsing or information-gathering purposes, even without making a purchase.

1.4 "User"

Any individual or entity that accesses or interacts with the website, whether or not they create an account or make a purchase. This definition includes, but is not limited to, customers, visitors, and contributors of user-generated content.

1.5 "Platform"

Refers to the online platform, including the website and associated services, that we provide for purchasing products and services, accessing content, and managing transactions. This includes any payment gateways, customer account systems, and third-party integrations.

1.6 "Agreement"

Refers to this Terms and Conditions agreement, including all amendments, policies, and additional agreements referenced or incorporated by reference. The "Agreement" governs the relationship between the customer and the company in relation to the use of the website and the purchase of products or services.

1.7 "Account"

Refers to the personalized login credentials that allow a customer or user to access restricted areas of the website, manage purchases, subscriptions, and interact with the services offered on the platform.

1.8 "Order"

An official request by a customer to purchase products or services from the website. An "Order" is subject to acceptance by us and is governed by the terms outlined in this agreement.

2. Use of the Website

2.1 Eligibility

By using our website, you confirm that you are at least 18 years old and have the legal capacity to enter into binding agreements. The website is available only to individuals who can form legally binding contracts under applicable law. We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion, including but not limited to cases where the user is located in a jurisdiction where such use is prohibited.

2.2 Account Responsibilities

Users are responsible for maintaining the confidentiality of their account information, including usernames and passwords. Any activity conducted under your account will be presumed to be performed by you. We are not liable for any unauthorized access or use of your account due to your failure to secure your login information. Users must notify us immediately of any unauthorized use or security breach of their account.

2.3 Prohibited Actions

When using our website, users agree to refrain from the following actions:

  • Providing false or misleading information during registration or while making purchases.
  • Engaging in fraudulent activities, including using stolen payment details.
  • Attempting to hack, disrupt, or interfere with the operation of the website.
  • Using automated systems (such as bots) to access or use the platform without permission.
  • Sharing or distributing content obtained from the website for commercial purposes without authorization. Failure to comply with these terms may result in suspension or termination of your account and legal action.

3. Products and Services Offered

3.1 Product Descriptions

We strive to ensure that the descriptions of our products are as accurate as possible. However, due to variations in manufacturing, materials, and the way products may appear on different digital displays, the actual product may differ slightly from the images shown on our website. These differences will not be considered defects, and users are encouraged to review product details before purchasing.

3.2 Product Availability

All products and services are subject to availability, and we reserve the right to limit quantities of any product or service offered. Availability may vary based on location, and certain products may only be available in specific regions. We do not guarantee that all products will be available at all times, and any delays due to stock shortages will be communicated promptly.

3.3 Modifications to Services

We reserve the right to modify or discontinue any product or service without prior notice. In the event that a significant change occurs, we will make reasonable efforts to notify customers who have already made purchases that may be affected. Such modifications may include, but are not limited to, product features, pricing, or service availability. It is the customer’s responsibility to stay informed of any changes by reviewing updates on our website.

4. Pricing and Payment Policy

4.1 Pricing

All prices listed on our website are in [currency] and are subject to change at any time without prior notice. Prices for products or services may differ depending on factors such as location, special promotions, or specific bundles. We strive to provide accurate pricing information, but in the event of a pricing error, we reserve the right to cancel any orders affected and will notify the customer immediately.

4.2 Taxes and Additional Fees

Prices do not include applicable taxes, duties, or shipping costs unless explicitly stated. Customers are responsible for all taxes and fees related to their purchases, including any international duties for products shipped outside the United States.

4.3 Payment Methods

We accept payments via credit cards, including Visa, MasterCard, and American Express, and through the Venti platform. The available payment methods will be displayed during the checkout process, and customers must select their preferred option. By providing payment information, the customer confirms that they are authorized to use the selected payment method.

4.4 Payment Security

We are committed to ensuring that all transactions are secure. All payment details are encrypted and processed through secure payment gateways. We do not store any sensitive payment information on our servers, and we adhere to industry standards for data protection.

4.5 Failed or Delayed Payments

If a payment fails or is delayed due to issues such as insufficient funds or incorrect payment information, we reserve the right to cancel the order or suspend delivery of the product or service. Customers will be notified in the event of a payment failure and may be asked to provide alternative payment details.

5. Delivery of Products and Services

5.1 Delivery of Physical Products

Physical products will be shipped to the delivery address provided by the customer during the checkout process. We are not responsible for any delays caused by incorrect or incomplete delivery information. Delivery times are estimates and may vary based on factors such as location, shipping provider, and availability of the product. Customers will receive tracking information for their order once it has been dispatched. We will not be liable for any delays due to unforeseen circumstances such as weather conditions, customs processing, or strikes.

5.2 Delivery of Digital Products

Digital products, such as subscriptions or downloadable content, will be accessible through the user’s account or delivered via email or download link. It is the customer's responsibility to ensure they have access to the appropriate software or devices to use digital products. No refunds will be issued for the inability to access digital products due to customer-related issues such as lost login credentials or software incompatibility.

5.3 International Shipping and Customs

For international orders, customers are responsible for any additional customs duties, taxes, or fees that may apply upon delivery. We are not liable for any delays caused by customs clearance processes. Customers should be aware that shipping times may be extended for international deliveries due to customs processing or local regulations.

5.4 Failed Deliveries

If a delivery attempt fails due to customer error (e.g., incorrect address, absence at delivery time), we reserve the right to charge additional shipping fees for redelivery. If the product is returned to us after multiple failed delivery attempts, the order may be canceled at our discretion, and the customer will be refunded minus shipping and handling fees.

6. Refund Policy

6.1 Refund Eligibility

Refunds are available only under certain conditions. Customers may request a refund if they have not received their purchased products or services within four (4) months of the order date. This period allows for delivery issues to be resolved and for any applicable services to be provided in full. Refund requests must be made in writing to our customer support team and include order details.

6.2 Refund Process

Once a refund request is approved, the customer will be notified by email. Refunds will be processed to the original payment method used during the purchase. Depending on the payment provider, it may take up to 14 business days for the refund to appear in the customer’s account. We reserve the right to deny a refund if it is determined that the product or service was received and/or used.

6.3 Non-Refundable Products and Services

Certain products and services are non-refundable. These include but are not limited to:

  • Downloadable digital products, such as e-books or software, once accessed.
  • Subscriptions once they have been activated or used.
  • Gift cards or promotional items. In cases where a product or service is defective or damaged upon receipt, customers may request a replacement rather than a refund.

6.4 Return of Physical Products

If a physical product is eligible for a refund due to non-delivery or damage, it must be returned in its original packaging, unused, and in the condition in which it was received. Customers are responsible for return shipping costs unless the product is defective. We reserve the right to deny refunds for items that do not meet these conditions.

7. Intellectual Property

7.1 Ownership of Content

All content on our website, including but not limited to text, images, graphics, logos, videos, and software, is the exclusive property of our company or its respective licensors. This content is protected by intellectual property laws, including copyright, trademark, and patent laws, both in the United States and internationally. Unauthorized use of any content on our website is strictly prohibited.

7.2 Limited License

We grant users a limited, non-exclusive, revocable license to access and use the website for personal, non-commercial purposes. This license does not permit any form of copying, distribution, modification, or resale of the website content without prior written consent from us. Any breach of this license may result in legal action.

7.3 User-Generated Content

By submitting content (such as reviews, comments, or images) to our website, users grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display the content on our platform or in promotional materials. Users represent and warrant that they own the rights to the content they submit and that it does not infringe on the rights of any third party. We reserve the right to remove any user-generated content that violates our policies or intellectual property rights.

7.4 Trademarks

All trademarks, service marks, logos, and trade names displayed on the website are registered and unregistered trademarks of our company or third parties who have authorized their use. The use of any trademarks without our prior written consent or the consent of the trademark owner is strictly prohibited.

7.5 Copyright Infringement Claims

If you believe that any content on our website infringes your copyright, please contact us with a detailed description of the alleged infringement. We will respond promptly to claims of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) or other applicable laws.

8. Limitation of Liability

8.1 General Disclaimer

To the fullest extent permitted by law, our company and its officers, directors, employees, affiliates, agents, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of our website, products, or services. This includes, but is not limited to, loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.

8.2 Product and Service Liability

We make no guarantees regarding the fitness, performance, or suitability of any product or service provided through our website. Products and services are offered "as is" without warranties of any kind, either express or implied, unless explicitly stated in writing. We are not responsible for any damages resulting from the improper use or inability to use our products or services, except as required by law.

8.3 Website Availability

We do not guarantee that our website will be available at all times or that access will be uninterrupted, timely, or error-free. We are not liable for any issues related to website downtime, errors, or bugs, including loss of data or delays in processing orders. Scheduled maintenance or unforeseen technical issues may limit website availability without prior notice.

8.4 Legal Compliance

We shall not be liable for any loss or damages resulting from the user’s failure to comply with applicable laws or regulations when using our website, products, or services. Users are responsible for ensuring that their use of the website complies with all relevant legal requirements, including but not limited to consumer protection laws and data privacy regulations.

8.5 Maximum Liability

In any event, our total liability to the customer for all damages, losses, or causes of action shall not exceed the total amount paid by the customer for the product or service in question.

9. Governing Law and Jurisdiction

9.1 Governing Law

This agreement, as well as any disputes or claims arising from or related to the use of our website, products, or services, shall be governed by and interpreted in accordance with the laws of the United States, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

9.2 Jurisdiction

Any disputes arising under this agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in [Relevant State], United States. Both parties agree to submit to the personal jurisdiction of these courts for the purpose of litigating any disputes. Customers residing outside of the United States agree to waive any objections related to jurisdiction or venue in these courts.

9.3 Dispute Resolution

Before initiating legal action, the parties agree to attempt to resolve any disputes or claims through good faith negotiation. If the dispute cannot be resolved through negotiation, the parties may, by mutual consent, seek to resolve the issue through mediation or arbitration in accordance with the rules of the American Arbitration Association (AAA) or other recognized arbitration bodies.

9.4 Legal Costs

In the event of litigation or arbitration, the prevailing party will be entitled to recover reasonable attorneys' fees and legal costs, in addition to any other relief awarded by the court or arbitrator.

10. Amendments to the Agreement

10.1 Right to Modify

We reserve the right to modify, update, or change these Terms and Conditions at any time. Any amendments will take effect immediately upon being posted on our website unless otherwise stated. It is the customer’s responsibility to review the Terms and Conditions periodically to ensure awareness of any changes.

10.2 Notification of Changes

While we will make reasonable efforts to inform users of significant changes to the Terms and Conditions, such as by email or by notices on the website, it remains the responsibility of the user to stay informed. Continued use of the website after any amendments constitutes acceptance of the new terms.

10.3 Application of Changes

Any changes to these Terms and Conditions will apply to all users, including those with ongoing product subscriptions or pending orders. If a customer does not agree with the new terms, they should discontinue use of the website and contact us to cancel any outstanding orders or services.

10.4 Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the Terms and Conditions will remain in full force and effect.