Terms of Use
Terms of Use
This website is operated by ESKUTE. The terms “we,” “us,” and “our” refer to ESKUTE and ESKUTE’s team. ESKUTE provides this website, including all information, tools, and services available through it, to you, the user, subject to your acceptance of these Terms of Use and any additional terms, conditions, policies, or notices referenced or linked on this website.
These Terms of Use apply to all users of the Website managed by ESKUTE, including browsers, providers, customers, merchants, and contributors of Content.
Please read these Terms of Use carefully before accessing or using our website. If you do not agree with any of these Terms of Use, you may not access or use the website or our services.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform that enables us to sell our products and services to you.
Section 1 - Online Shop Conditions
By agreeing to these Terms of Use, you confirm that you are of legal age or the age of majority in your country or state, or that you have authorized any underage family members to use this Site.
You may not use our products or services for any illegal or unauthorized purpose. You must comply with all applicable laws and regulations when using our website and services.
Section 2 - General Conditions
We reserve the right to refuse or restrict access to our services to any person at any time, to the extent permitted by applicable law.
You agree not to reproduce, copy, sell, resell, exploit, or abuse any part of the services provided through this website without our express written permission.
Headings in these Terms of Use are provided for convenience only and do not affect the interpretation or application of these Terms.
Section 3 - Accuracy, Completeness and Timeliness of Information
We do not guarantee that the information provided on this website is accurate, complete, or current. The information provided is for general informational purposes only and should not be relied upon as the sole basis for making decisions.
You acknowledge that relying solely on information provided on this website is at your own risk. This website may contain historical information, which is provided for reference purposes only and may not reflect current information.
We reserve the right to modify the content of this website at any time. However, we are not obligated to continuously update all information on the website. You are responsible for checking the website for changes.
Section 4 - Changes in Services and Prices
Product prices may be changed at any time without prior notice.
We reserve the right to modify, suspend, or discontinue the Service, or any part or content thereof, at any time without prior notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service, to the extent permitted by applicable law.
Section 5 - Products or Services
Certain products or services may be available exclusively online through the Site. Such products or services may have limited quantities and are subject to return or exchange only in accordance with our applicable return policy.
We make reasonable efforts to display product colors and images as accurately as possible. However, we cannot guarantee that your computer, monitor, or device will accurately reproduce the actual colors or appearance of our products.
We reserve the right to limit the sale of our products or services to any person, geographic area, or jurisdiction on a case-by-case basis. We may also limit the quantities of products or services offered.
Product descriptions, availability, and other product information may be changed at any time without prior notice. We reserve the right to discontinue any product at any time.
Any offer for a product or service made on this website is void where prohibited by law.
We do not guarantee that the quality of any products, services, information, or other materials obtained through the Service will meet your expectations.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order. We may, at our sole discretion, limit or cancel quantities purchased per person, household, or order.
These restrictions may apply to orders placed using the same customer account, credit card, billing address, or shipping address.
If we change or cancel an order, we may attempt to notify you using the email address, billing address, or telephone number provided when the order was placed.
We also reserve the right to limit or prohibit orders that appear to have been placed by dealers, resellers, or distributors.
You agree to provide accurate, current, and complete purchase and account information for all purchases made through our store.
You agree to promptly update your account information, including your email address and payment information, so that we can complete your transactions and contact you when necessary.
Please refer to our Return Policy for additional information regarding returns and exchanges.
Section 7 - Optional Tools
We may provide access to third-party tools that we do not monitor, control, or manage.
You acknowledge and agree that access to such tools is provided on an “as is” and “as available” basis, without warranties, representations, or conditions of any kind, and without any endorsement or assistance from us.
We assume no liability arising from or related to your use of optional third-party tools. Your use of such tools is at your own risk.
You should ensure that you understand and agree to the terms and conditions of the relevant third-party providers before using such tools.
Section 8 - Third-Party Links
Certain content, products, and services available through our Service may include materials provided by third parties.
Third-party links on our website may direct you to websites that are not affiliated with us. We are not responsible for verifying the accuracy, completeness, or reliability of third-party content, websites, products, or services.
We shall not be liable for any loss or damage arising from the purchase or use of goods, services, resources, content, or transactions made through third-party websites or providers.
Please review the terms, policies, and practices of third-party providers before entering into any transaction with them.
Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third-party provider.
Section 9 - User Comments, Feedback and Other Communications
If, at our request, you submit certain materials, or if you voluntarily send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise, you agree that we may, without limitation, edit, copy, publish, distribute, translate, and otherwise use such submissions in any medium.
We are not obligated to:
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maintain any submissions as confidential;
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pay compensation for any submissions; or
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respond to any submissions.
We may, but are not obligated 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 that violates these Terms of Use or the rights of any party.
You are responsible for ensuring that your comments do not violate the rights of any third party, including copyright, trademark, privacy, personal, or proprietary rights.
You agree that your comments will not contain unlawful, abusive, obscene, or otherwise objectionable material, or any computer viruses or malware that could interfere with the operation of our websites or services.
You may not use false email addresses, impersonate another person, or otherwise misrepresent your identity or the origin of your comments.
You are solely responsible for your comments and their accuracy. We assume no responsibility or liability for comments posted by you or any other party.
Section 10 - Personal Information
The submission of personal information through the store is governed by our Privacy Policy.
Please refer to our Privacy Policy for further information regarding the collection, use, and handling of personal information.
Section 11 - Errors, Inaccuracies and Omissions
From time to time, our website or Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, transit times, availability, or other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to update or change information or cancel orders if any information on the Service or any related website is inaccurate, including after an order has been placed.
We are not obligated to update, change, or clarify information on the Service or any related website, including pricing information, except as required by applicable law.
Any specified update or revision date displayed on the Service or a related website should not be interpreted as an indication that all information has been updated or changed.
Section 12 - Prohibited Uses
In addition to other restrictions contained in these Terms of Use, you are prohibited from using the Site or its Content:
(a) for any unlawful purpose;
(b) to solicit others to participate in unlawful activities;
(c) to violate any international, federal, provincial, state, or local regulation, rule, law, or ordinance;
(d) to violate or infringe our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, defame, intimidate, or discriminate against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or other protected characteristics;
(f) to transmit false or misleading information;
(g) to upload or transmit viruses, malware, or other malicious code that may interfere with the functionality or operation of the Service, any related website, other websites, or the Internet;
(h) to collect or track the personal information of others without authorization;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for obscene or immoral purposes; or
(k) to circumvent, interfere with, or disrupt the security mechanisms of the Service, any related website, other websites, or the Internet.
If you violate these Terms of Use, we reserve the right to terminate or restrict your use of the Service or any related website.
Section 13 - Disclaimer; Limitation of Liability
We do not guarantee that the results obtained through use of the Service will be accurate, complete, or reliable.
We may suspend or terminate the Service at any time, subject to applicable law.
Your use of, or inability to use, the Service is at your own risk.
The Service and all products and services provided through the Service are provided on an “as is” and “as available” basis, without representations, warranties, or conditions of any kind, whether express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement, except where such exclusions are not permitted by applicable law.
To the maximum extent permitted by applicable law, ESKUTE, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenues, lost savings, lost data, replacement costs, or similar damages arising from your use of any Service or product obtained through the Service.
This limitation applies whether the claim arises in contract, tort, negligence, strict liability, or otherwise, and includes claims relating to errors or omissions in any Content or loss or damage resulting from the use of the Service or any Content or products made available through the Service.
Where applicable law does not permit the exclusion or limitation of certain damages or liabilities, our liability shall be limited to the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend, and hold harmless ESKUTE and its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, arising out of or relating to:
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your violation of these Terms of Use or any documents incorporated by reference;
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your violation of any applicable law; or
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your violation of the rights of any third party.
Section 15 - Severability
If any provision of these Terms of Use is determined to be unlawful, invalid, or unenforceable, that provision shall remain enforceable to the maximum extent permitted by applicable law and shall be deemed severed from these Terms of Use to the extent necessary.
The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.
Section 16 - Termination
These Terms of Use remain effective until terminated by you or us.
You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or by ceasing to use our website.
If we determine that you have violated or are suspected of violating these Terms of Use, we may terminate or restrict your access to the Service at any time, subject to applicable law.
Any obligations or liabilities incurred before the termination date shall survive termination of these Terms of Use.
Any fees or amounts incurred before termination remain payable.
Section 17 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision.
These Terms of Use, together with any policies or rules posted by us on this Site or relating to the Service, constitute the entire agreement and understanding between you and us regarding your use of the Service.
They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, including prior versions of these Terms of Use.
Any ambiguity in the interpretation of these Terms of Use shall not automatically be construed against the party responsible for drafting or issuing them.
Section 18 - Changes to the Terms of Use
The latest version of these Terms of Use will always be available on this page.
Any changes to these Terms of Use will become effective when posted on the website, unless otherwise required by applicable law.
We encourage you to review these Terms of Use periodically to remain informed of any updates.
Your continued use of or access to the website or Service after changes are posted constitutes acceptance of the updated Terms of Use, to the extent permitted by applicable law.
Section 19 - Contact Information
Questions about these Terms of Use should be sent to us through the contact information provided on our website.