Terms of service

Terms of Service

OVERVIEW

Welcome to 85-store! Throughout the site, the terms "we," "us," and "our" refer to 85-store. 85-store operates this store and website to provide a curated shopping experience (the "Services"), including all information, content, features, tools, products, and services available to you, the user. 85-store is powered by Shopify, enabling us to provide these Services to you.

The following Terms of Service, along with all referenced policies (collectively, the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights, remedies, disclaimers of warranties, and limitations of liability.

By visiting, browsing, or interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, please do not access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT TERMS

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, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site on devices you own or manage.

In using our Services (including accessing the online store or purchasing products), you may be required to provide certain information, such as your email address, billing information, payment details, and shipping address. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other party.

SECTION 2 - PRODUCTS AND SERVICES

We make every effort to display the colors, images, and details of our products accurately on our online store. However, we cannot guarantee that your device’s display of any color or product appearance will be entirely accurate.

We do not warrant that the quality or appearance of any products or services purchased by you will meet your expectations or exactly match the representation on the store.

Product descriptions and pricing 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 may limit the sales or quantities of our products to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS AND PURCHASES

Placing an order constitutes an offer to purchase. 85-store reserves the right to accept or decline your order for any reason at its sole discretion. An order is not binding until accepted by 85-store. Payment must be received and processed prior to acceptance of an order. Please review your order carefully before placing it, as we may be unable to accommodate cancellation requests once an order has been accepted.

If we cancel, modify, or decline an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time the order was placed.

Returns and exchanges are governed strictly by our Refund Policy [LINK].

You represent and warrant that any products purchased are for your own personal or household use and are not intended for commercial resale or export.

SECTION 4 - PRICING AND BILLING INFORMATION

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless stated otherwise, posted prices do not include taxes, shipping charges, customs duties, or import fees.

Prices shown on our online store may differ from prices offered elsewhere. We may offer promotional pricing from time to time, which may be governed by separate terms. In the event of a conflict between promotional terms and these Terms of Service, the promotional terms will govern.

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

You represent and warrant that: (i) the credit card or payment information you supply is true, correct, and complete; (ii) you are duly authorized to use such payment method for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping, handling, and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for any delays in shipping or delivery. Delivery times provided are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance procedures, or events outside of our reasonable control. Risk of loss and title for items purchased pass to you upon our delivery of the items to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY RIGHTS

The Services—including all trademarks, brand names, text, graphics, product descriptions, images, audio, video, software, and the design, selection, and arrangement thereof—are owned by 85-store, its affiliates, or its licensors, and are protected by United States and international copyright, trademark, patent, 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 material on our Services without our prior written consent. Unauthorized use of any material may violate copyright, trademark, and other laws.

The 85-store name, logo, product names, designs, and slogans are trademarks of 85-store or its affiliates/licensors. You may not use such marks without prior written permission. The Shopify name and logo are trademarks of Shopify Inc. All other names, logos, and brands belong to their respective owners.

SECTION 7 - OPTIONAL THIRD-PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Services may include materials or hyperlinks to third-party websites. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites.

We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Please review carefully the third party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

85-store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you. However, all purchases and transactions made on this store are directly between you and 85-store.

By using the Services, you acknowledge and agree that Shopify is not responsible or liable for any aspect of the sale or purchase of products or services between you and 85-store, including any damages or injuries arising from purchased products. You explicitly release Shopify and its affiliates from any and all liability, claims, or damages arising out of or related to your transactions with 85-store.

SECTION 10 - PRIVACY POLICY

All personal information collected through our Services is subject to our Privacy Policy [LINK]. Additionally, certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read and understood these privacy policies.

Because the Services are hosted by Shopify, Shopify processes personal information regarding your access to and use of the Services to provide and improve the platform. Information you submit may be transferred to and processed by Shopify and third parties in countries outside of your residence.

SECTION 11 - USER COMMENTS, FEEDBACK, AND SUBMISSIONS

If you submit, post, upload, or email any ideas, suggestions, reviews, proposals, plans, or other materials (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial use and marketing.

You represent and warrant that: (i) you own or control all rights to the Feedback; (ii) you have disclosed any incentives received for providing Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party's intellectual property or these Terms of Service.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) For any unlawful or malicious purpose;
(b) To solicit others to perform or participate in any unlawful acts;
(c) To violate any international, federal, state, or local regulations, rules, laws, or ordinances;
(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) To submit false or misleading information;
(g) To upload or transmit viruses or any other type of malicious code;
(h) To collect or track the personal information of others;
(i) To spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) For any obscene or immoral purpose; or
(k) To interfere with or circumvent the security features of the Service, related websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

Information provided through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Except as expressly stated by 85-store, the Services and all products delivered to you through the Services are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall 85-store, our directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, nor Shopify Inc. 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.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless 85-store, Shopify Inc., and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 18 - SEVERABILITY

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

SECTION 19 - ENTIRE AGREEMENT AND NON-WAIVER

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

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

SECTION 20 - ASSIGNMENT

You may not assign, transfer, or delegate any rights or obligations under these Terms of Service without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms without restriction and without notice.

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 jurisdiction of 85-store's primary business operations, and you submit to the exclusive jurisdiction of the state and federal courts located in that jurisdiction.

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 TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.