Terms of Service
GENERAL TERMS AND CONDITIONS OF SALE AND USE
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REVIEW
This website is operated by SFERA APEVA LLC. Throughout the website, we use the terms "we", "us" and "our" to refer to SFERA APEVA LLC. This website, including all information, tools and services available from this site are offered to you, the user, by SFERA APEVA LLC conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms of Use"), including the terms, conditions and policies referenced and/or hyperlinked. These Terms of Use apply to all users of the Site, including but not limited to, persons who are visitors, vendors, customers, merchants and/or content providers.
Please read these Terms of Use carefully before accessing and using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this Agreement, you may not be able to access the Site or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to these terms and conditions.
Any new tool or feature added to this store is also subject to the Terms of Use. You may view the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting such updates and/or changes on our website. It is your responsibility to check this page from time to time for changes. Your continued access or use of the website after the posting of changes means that you accept those changes.
Our 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.
SECTION 1 - TERMS OF USE OF THE ONLINE STORE
By accepting these Terms of Use, you represent that you have reached or exceeded the age of majority in your county, province or state and that you have given us permission to allow any minor under your care to use this site.
You must not use our products for any unlawful or unauthorized purpose and you must not in any way violate the laws of your jurisdiction in your use of the service (including but not limited to copyright laws).
You must not transmit worms, viruses or other code of a destructive nature.
Violation or breach of any of the Terms will result in immediate termination of your Service.
SECTION 2 - TERMS AND CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (other than your credit card information) may be transmitted without encryption and that this includes (a) transmissions over multiple networks and (b) changes made to comply and adapt to the technical requirements of networks or connection devices. Your credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, any use of or 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 for convenience only and in no way limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We will not be liable if the information provided on this website is inaccurate, incomplete or out of date. The content of this website is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting more relevant, accurate, complete or current sources of information. If you rely on the content of this website, you do so at your own risk.
This site may contain certain historical data. By definition, historical information is not current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information it contains. You acknowledge that it is your responsibility to monitor changes to our site.
SECTION 4 - CHANGES TO SERVICES AND PRICES
Our product prices are subject to change without notice.
We reserve the right to modify or terminate the Service (or any part of it) at any time without notice.
We will not be liable to you or to any third party for any change in prices or for any modification, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online through the Site. Quantities of such products or services may be limited and returns or exchanges are strictly subject to our Returns Policy.
We have tried to present the colours and images of the products in the store as accurately as possible. However, we cannot guarantee the accuracy with which the colours will appear on your computer screen.
We reserve the right, but are not obligated, to restrict the sale of our products or services to any particular person, geographic area or jurisdiction. We reserve the right to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any product or service offer on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information or other materials you purchase or obtain 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 the quantities purchased per person, per household or per order. Such restrictions may include orders placed by or with the same customer account, credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you using the email address and/or billing address or phone number you provided when placing the order. We reserve the right to restrict or prohibit orders that, in our opinion, appear to have been placed by agents, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases you make from 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 transactions and contact you if necessary.
For more information, please refer to our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools that we do not monitor, control or manage.
You acknowledge and agree that we provide you access to these tools "as is" and "as available" without warranties, representations or conditions of any kind and without approval. We will not be liable for anything arising out of or in connection with your use of any optional third party tools.
Any use by you of the Optional Tools offered through the Site is entirely at your own discretion and risk. In addition, it is your responsibility to inform yourself of the terms and conditions under which such tools are provided by such third party provider(s) and to accept such terms and conditions.
We may also offer new services and/or features through the Site in the future (including the release of new tools and resources). These new services and/or features will also be subject to these Terms of Use.
ARTICLE 8 - THIRD PARTY LINKS
Certain content, products and services accessible through our Service may include material from third parties.
Third party links on this Site may direct you to third party websites that are not affiliated with us. We have no obligation to review or evaluate their content or accuracy, nor do we warrant or assume any responsibility or liability for the content or websites or other content, products or services from third party sources.
We are not liable for any injury or damage in connection with the purchase or use of any goods, services, resources, content or any other transaction related to these third party websites. Please read carefully the policies and practices of these third parties and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to that third party.
SECTION 9 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit specific content (e.g. as part of your participation in contests) or if you, without our request, submit creative ideas, suggestions, proposals, designs or other material, whether electronically, by email, by postal mail or otherwise (collectively, "Feedback"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and use in any medium any Feedback you submit to us. We have and will have no obligation (1) to maintain the confidentiality of any Feedback, (2) to compensate any person for any Feedback provided, or (3) to respond to any Feedback.
7. We may, but have no obligation to, remove Content and Accounts containing Content that we, in our sole discretion, deem to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that infringes the intellectual property rights of any party or these Terms of Use.
You agree that your comments will not in any way infringe the rights of any third party, including intellectual property rights, trademarks, privacy, personal or other proprietary rights or copyright. You also agree that your comments must not contain any illegal, abusive or obscene material or any computer virus or other malicious software that may in any way interfere with the operation of the Service or any related website. You may not use a false email address, pretend to be someone you are not or attempt to mislead us or any third party as to the origin of your comments. You are solely responsible for all comments you make and their accuracy. We take no responsibility for comments posted by you or any third party.
ARTICLE 10 - PERSONAL INFORMATION
The submission of your personal information to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, our website or the Service may contain information that contains typographical errors, inaccuracies or omissions regarding descriptions, prices, offers, promotions, promotions, shipping charges, delivery times and product availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service or any related website is inaccurate, at any time and without notice (including after you have placed your order).
We have no obligation to update, amend or clarify any information on the Service or any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date applicable to the Service or any related website shall be deemed to indicate that the information provided on the Service or any related website has been changed or updated.
SECTION 12 - PROHIBITED USES
Except for the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its content:
(a) for any unlawful purpose; (b) to induce any third party to perform or engage in any unlawful act; (c) to violate any local ordinance or any international, federal, provincial or state regulation, rule or law; (d) to infringe or violate our or any third party's intellectual property rights, (e) to harass, abuse, insult, injure, libel, defame, disparage, abuse, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, national origin, race, age, ethnicity or disability; (f) to submit false or misleading information,
(g) upload or transmit viruses or any other malicious code that will or may be used to compromise the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or monitor personal information of others; (i) collect or monitor personal information of others, (i) to spam, phish, hijack, blackmail, blackmail, surf, search or scan the World Wide Web; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security measures of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violation of the Prohibited Terms of Use.
SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant, represent or endorse that your use of our Service will be uninterrupted, secure, timely or error-free.
We do not warrant that the results that may be obtained from your use of the Service will be accurate or reliable.
You agree that, from time to time, we may withdraw the Service indefinitely or cancel it at any time without notice.
You expressly agree that your use or inability to use the Service is at your sole risk. The Service and all products and services provided to you through the Service are provided (unless we expressly state otherwise) "as is" and "as available" for your use, without representations, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability or merchantability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall SFERA APEVA LLC, our officers, directors, officers, employees, employees, partners, agents, contractors, insiders, suppliers, service providers and licensors be liable for any damage, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages, including, but not limited to, loss of profits, revenue, savings or data, replacement costs or other similar damages, whether in contract, tort (including negligence), contract, tort (including negligence), strict liability or otherwise, arising out of the use of the Service or any service or product using the Service, or any other claim relating in any way to the use of the Service or any product, including, but not limited to, errors or omissions in any Content, or any loss or damage of any kind arising out of the use of the Service or any Content (or product) posted, transmitted or otherwise made available through the Service, or any other claim relating in any way to the use of the Service or any product, including, but not limited to, errors or omissions in any Content, or any loss or damage of any kind arising out of the use of the Service or any Content (or product) posted, transmitted or otherwise made available through the Service, including, but not limited to, errors or omissions in any Content, or any loss or damage of any kind arising out of the use of the Service or any Content (or product) posted, transmitted or otherwise made available through the Service.
Because certain states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions will be limited to the fullest extent permitted by law.
SECTION 14 - INDEMNITIES
You agree to indemnify, defend and hold harmless SFERA APEVA LLC and our parent company, subsidiaries, affiliates, relatives, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, vendors, insiders and employees, 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 Use or the documents to which they refer, or your violation of any law or the rights of any third party.
ARTICLE 15 - SEVERABILITY
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such provision will nevertheless be enforceable to the fullest extent permitted by law and the unenforceable portion will be deemed severable from these Terms of Use without affecting the validity and enforceability of the remaining provisions.
ARTICLE 16 - COMPLAINT
The obligations and responsibilities assumed by the Parties prior to the date of termination shall survive termination of this Agreement for all purposes.
These Terms of Use shall survive if and until terminated by either 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 when you stop using our website.
If we determine or suspect, in our sole discretion, that you are violating or have violated any term or provision of these Terms of Use, we may also terminate this Agreement at any time without notice. In this case, you will remain liable for all amounts due up to and including the date of termination, after which we may deny you access to our Services (or any part thereof).
ARTICLE 17 - THE ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use or any other operating policies or rules posted by us on this website or related to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior and contemporaneous understandings, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior version of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use will not be construed against the party that drafted the text.
ARTICLE 19 - CHANGES TO THE TERMS OF USE
You may consult the most recent version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting such updates and/or changes on our website. It is your responsibility to check our website from time to time for changes. Your continued access or use of our website and our Service after we post changes to these Terms of Use constitutes your acceptance of those changes.
ARTICLE 20 - CONTACT DETAILS
Questions regarding the Terms of Use should be sent to us at:
contact@sfera-apeva.com