Terms of service

Overview

This website is operated by Charmendo. Throughout the site, the terms “we”, “us” and “our” refer to Charmendo. Charmendo provides this website, including all information, tools, products and services available from this site, to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you use our “Service” and agree to be bound by these Terms of Service, including any additional terms, conditions and policies referenced here or available by hyperlink. These Terms of Service apply to all users of the site, including browsers, customers, vendors, merchants, contributors of content and other visitors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms. If you do not agree to all terms and conditions of this agreement, you may not access the website or use any services.

Any new features, products or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

Your continued use of or access to the website after any changes are posted means that you accept those changes.

Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.


Section 1 — Online Store Terms

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us permission to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose. You also may not violate any laws in your jurisdiction when using the Service, including but not limited to copyright laws.

You must not transmit any worms, viruses or any code of a destructive nature.

Any breach or violation of these Terms may result in immediate termination of your access to the Service.


Section 2 — General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmission over various networks, as well as changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.


Section 3 — Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is inaccurate, incomplete or not current. The material on this site is provided for general information only and should not be relied on as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information.

Any reliance on the material on this site is at your own risk.

This site may contain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we are not obligated to update any information on our site.

You agree that it is your responsibility to monitor changes to our site.


Section 4 — Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service, or any part or content of it, without notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.


Section 5 — Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer or device screen will display any color accurately.

We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All 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.

Any offer for any product or service made on this site is void where prohibited.

We do not guarantee that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


Section 6 — Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us.

We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing or shipping address.

If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address or phone number provided when the order was placed.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you when needed.

For more details, please review our Return Policy.


Section 7 — Optional Tools

We may provide you with access to third-party tools that we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement.

We will have no liability arising from or related 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. You should make sure that you are familiar with and approve of the terms under which these tools are provided by the relevant third-party provider.

We may also offer new services and/or features through the website in the future, including new tools and resources. Such new features and/or services will also be subject to these Terms of Service.


Section 8 — Third-Party Links

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant and will not have any liability or responsibility for third-party materials, websites, products or services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites.

Please carefully review the third party’s policies and practices before engaging in any transaction.

Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.


Section 9 — User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions, such as contest entries, or if you send creative ideas, suggestions, proposals, plans or other materials without a request from us, whether online, by email, by postal mail or otherwise, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments or materials you send to us.

We are under no obligation to:

  1. Keep any comments confidential;

  2. Pay compensation for any comments;

  3. Respond to any comments.

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

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You also agree that your comments will not contain defamatory, unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.


Section 10 — Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Please review our Privacy Policy for more information about how we collect, use and protect your personal information.


Section 11 — Errors, Inaccuracies and Omissions

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. These 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 or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

We are not obligated to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website should be understood to mean that all information in the Service or on any related website has been modified or updated.


Section 12 — Prohibited Uses

In addition to other restrictions stated in these Terms of Service, you are prohibited from using the site or its content:

  1. For any unlawful purpose;

  2. To solicit others to perform or participate in unlawful acts;

  3. To violate any international, federal, provincial, state or local laws, rules or regulations;

  4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;

  6. To submit false or misleading information;

  7. To upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Service, any related website, other websites or the Internet;

  8. To collect or track the personal information of others;

  9. To spam, phish, pharm, pretext, spider, crawl or scrape;

  10. For any obscene or immoral purpose;

  11. To interfere with or bypass the security features of the Service, any related website, other websites or the Internet.

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


Section 13 — Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk.

The Service and all products and services delivered to you through the Service are provided, except as expressly stated by us, “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either express or implied.

This includes, without limitation, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no case shall Charmendo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort, negligence, strict liability or otherwise, arising from your use of the Service or any products purchased through the Service.

This also applies to any other claim related in any way to your use of the Service or any product, including any errors or omissions in content, or any loss or damage incurred as a result of using the Service or any content or product posted, transmitted or otherwise made available through the Service, even if we have been advised of the possibility of such damages.

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


Section 14 — Indemnification

You agree to indemnify, defend and hold harmless Charmendo and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from 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 15 — Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be considered severed from these Terms of Service, and such determination will not affect the validity and enforceability of any remaining provisions.


Section 16 — Termination

The obligations and liabilities of the parties incurred before the termination date will 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 by ceasing to use 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 may terminate this agreement at any time without notice.

You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services, or any part of them.


Section 17 — Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us.

They govern your use of the Service and replace any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service will not be interpreted against the drafting party.


Section 18 — Governing Law

These Terms of Service and any separate agreements through which we provide you Services shall be governed by and interpreted in accordance with the laws of the United States.


Section 19 — Changes to 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, 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 after any changes to these Terms of Service are posted means that you accept those changes.


Section 20 — Contact Information

Questions about the Terms of Service should be sent to us at:

support@charmendo.com