Terms of service
OVERVIEW
Welcome to LeiShape! The terms "we" and "our" refer to LeiShape. LeiShape operates this store and website, including the information, content, features, tools, products and services, in order to provide you, as the customer, with an appropriate shopping experience (the "Services"). LeiShape is powered by Shopify, which enables us to provide you with the Services.
The terms and conditions below, together with any notices contained therein ("Terms and Conditions of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms and Conditions of Service carefully, as they include important information regarding your legal rights and cover areas such as warranty limitations and liability limitations.
By visiting, interacting with or using our Services you agree to be bound by these Terms and Conditions of Service and our Privacy Policy LINK. If you do not agree to these Terms and Conditions of Service or the Privacy Policy you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNTBy accepting these Terms and Conditions of Service you declare that you are of legal age for the state or province in which you reside, and that you have given us consent to allow minors connected to you to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing online stores or purchasing products and services offered by us, you may need to provide certain information such as email address and billing, payment and shipping information. You represent and warrant that all information you provide in our stores is correct, current and complete and that you hold all necessary rights to provide such information.
The activity of your account and the protection of your account credentials are your responsibility. You shall not transfer, sell, assign or license your account to other persons.
SECTION 2 - OUR PRODUCTSWe have endeavored to offer an accurate presentation of our products and services in our online stores. However, the display of colors and appearance of products may vary depending on the type of device you use to access the store and the settings and configuration of that device.
We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or shown in our online stores.
All product descriptions are subject to change at any time, without notice and at our discretion. We reserve the right to discontinue any product at any time and to limit from time to time the quantities of products offered for any subject, geographic area or jurisdiction.
SECTION 3 - ORDERSWhen you place an order you are making an offer to purchase. LeiShape reserves the right to accept or reject your order at its discretion for any reason. Your order is not confirmed until LeiShape confirms its acceptance. Before accepting an order we must receive and process payment. Please check your order carefully before submitting, as LeiShape may not be able to accommodate order cancellation requests after acceptance. In the event of order rejection, modification or cancellation, we will notify you by contacting you via the email, billing address and/or telephone number you provided when submitting the order.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that you are making purchases for personal or family use and not for resale or export.
SECTION 4 - PRICING AND BILLINGPrices, discounts and offers are subject to change without notice. The price charged for a product or service will be the actual price at the time of order submission and you will be able to view it in the order confirmation email. Unless otherwise specified, published prices do not include taxes or customs, shipping, handling and import costs.
Prices published in our online stores may differ from prices offered in physical or online stores or in other stores operated by third parties. From time to time we may offer promotions on the Services that affect prices and are subject to terms and conditions independent of these Terms. In the event of a conflict between the terms of an offer and these Terms, the terms of the offer shall prevail.
For all purchases made in our stores, you agree to provide correct, current and complete information relating to purchase, payment and account. You agree to immediately update your account and other information, including email address and credit card numbers and expiration dates, in order to allow us to complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you have authorization to use such credit card for purchases, (iii) charges billed to you will be honored by the credit card company, and (iv) you will pay the charges billed to you according to published prices, including taxes for shipping and handling and all other taxes if applicable.
SECTION 5 - SHIPPING AND DELIVERYWe are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays attributable to shipping carriers, customs procedures or events beyond our control. Once products are transferred to the carrier, ownership and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTYOur Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection and organization thereof, are the property of LeiShape, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and intellectual property laws.
These Terms permit you to use the Services for exclusively personal and non-commercial use. You shall not reproduce, distribute, modify, create copies, publicly display and present, republish, download, store or transmit material related to the Services without our written consent. Except as expressly stated, these Terms contain nothing that guarantees or can be construed as guaranteeing a license or other rights in your favor relating to patents, trademarks, copyrights or other intellectual property of LeiShape, Shopify or third parties. Unauthorized use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved to LeiShape.
The names, logos, product and service names, designs and slogans of LeiShape are trademarks of LeiShape or its affiliates or licensors. You shall not use such trademarks without the written authorization of LeiShape. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans present in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLSYou may have access to customer tools offered by third parties as part of the Services that we do not verify, control or insert.
You understand and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions and without any endorsement. We have no liability arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the site are at your own risk and discretion and, furthermore, you must know and accept the terms on which such tools are based as provided by the relevant third-party providers.
In the future we may offer new features through the Services (including the launch of new tools and resources). Such new features are to be considered part of the Services and are subject to these Terms and Conditions of Service.
SECTION 8 - THIRD-PARTY LINKSThe Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). It is not our responsibility to examine or evaluate the content or accuracy of third-party materials or websites that you choose to access. Should you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not responsible for any problems or damages related to your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please read the notices and practices of the third parties in question carefully and understand them before conducting any transaction. Any claims, concerns or questions relating to third-party products and services should be submitted to said third parties.
SECTION 9 - RELATIONSHIP WITH SHOPIFYLeiShape is powered by Shopify, which enables us to provide you with the Services. However, sales and purchases you make in our Store occur directly with LeiShape. By using the Services you understand and agree that Shopify is not responsible for any aspect of sales between you and LeiShape, including any injuries, damages or losses arising from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to purchases and transactions you make with LeiShape.
SECTION 10 - PRIVACY POLICYAll personal data we collect through the Services is subject to our Privacy Policy, available here, and certain personal data may be subject to Shopify's Privacy Policy, available here. By using the Services you confirm that you have read the aforementioned privacy policies.
Because it powers the Services, Shopify collects and processes personal data related to your access and use of the Services to provide and improve the Services for you. In order to provide and improve the Services for you, data you submit to the Services will be transmitted and shared with Shopify and third parties who may reside in countries other than yours. See our privacy policy for more information on how we, Shopify and our partners use your personal data.
SECTION 11 - FEEDBACKWhen you submit, upload, post, email or otherwise transmit any idea, suggestion, feedback, review, proposal, plan or other content (generally "Feedback"), you grant us a perpetual, worldwide, transferable and royalty-free license to use, reproduce, modify, publish, distribute and display said Feedback through any means for any purpose, including commercial. For example, we may exercise our rights relating to this license to manage, provide, evaluate, improve, enhance and promote the Services, to fulfill obligations and exercise our rights as indicated in the Terms and Conditions of Service.
Furthermore, you confirm and agree that: (i) you own the necessary rights to all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) keep your Feedback confidential; (2) pay you for your Feedback; (3) respond to your Feedback.
Although we are not obligated, we may monitor, edit or remove Feedback that, at our discretion, is illegal, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or in violation of intellectual property or these Terms and Conditions of Service.
You confirm that your Feedback will not violate any rights of any third parties, including copyright, trademark, privacy, personality and any other personal or proprietary rights. You further confirm that your Feedback will not include defamatory or otherwise illegal, offensive or obscene content, nor will it contain viruses or other computer malware that could affect the operation of the Services or any linked website. You shall not use a false email address, nor pretend to be someone else or confuse us or third parties regarding the origin of your Feedback. Your Feedback and its accuracy are your sole responsibility. We assume no responsibility for Feedback posted by you or third parties.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONSIt may happen that information relating to or included in the Services contains typographical errors, inaccuracies or omissions that may concern product descriptions, prices, offers, promotions, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to modify or update information or cancel orders in case of errors at any time without notice (even after an order has been submitted).
SECTION 13 - PROHIBITED USESYou may access and use the Services only for legitimate purposes. You may not access or use the Services, directly or indirectly, to: (a) illegal or malicious purposes; (b) violate local, provincial, state, federal and international norms, rules, laws or ordinances; (c) infringe or violate our intellectual property rights or those of others; (d) harass, oppress, insult, harm, defame, slander, denigrate, intimidate or offend our employees or anyone else; (e) transmit false or misleading information; (f) send, receive, upload, download, use or reuse material that does not comply with these Terms; (g) transmit or induce the sending of advertising or promotional material, including "junk mail", "chain letters", "spam" or other similar solicitations; (h) impersonate or attempt to impersonate another person or entity; (i) adopt any other type of behavior that prevents or inhibits the use or access to the Services by other persons, or that we deem dangerous to LeiShape, Shopify or users of the Services, or exposes them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or other types of malicious code that could be used to affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or disclose any part of the Services; (c) collect or track personal data of other persons; (d) undertake spamming, phishing, pharming, pretexting, spidering, crawling or scraping actions; (e) interfere with or circumvent the security features of the Services or related websites, other websites or the internet. We reserve the right to suspend, disable or close your account at any time, without notice, if we believe you have violated any part of these Terms.
SECTION 14 - TERMINATIONWe may terminate this agreement at any time or discontinue your access to the Services (or any part thereof) at our discretion and without notice; you will continue to have responsibility for all amounts owed up to the date of termination.
The following sections will continue to be valid after termination: Intellectual Property, Feedback, Termination, Limitation of Warranty, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Applicable Laws, Privacy Policy and any other clause that, by its nature, lasts beyond termination.
SECTION 15 - LIMITATION OF WARRANTYInformation presented in or through the Services is made available exclusively for general informational purposes. We do not guarantee the accuracy, completeness or usefulness of such information. You rely on such information exclusively at your own risk. We assume no responsibility placed in such materials by you, any visitor to the Services or anyone who may be aware of such content.
EXCEPT AS EXPRESSLY STATED BY LeiShape, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SERVICE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR ASSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE AFOREMENTIONED DISCLAIMER MAY NOT BE VALID FOR YOU.
SECTION 16 - LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LeiShape, OUR OR SHOPIFY'S AND ITS AFFILIATES' PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS OR LICENSORS, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST EARNINGS, LOSS OF DATA, REPLACEMENT COSTS OR OTHER SIMILAR DAMAGES, ARISING FROM CONTRACTUAL LIABILITY, TORTS (INCLUDING NEGLIGENCE) OR ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES; NOR FOR OTHER CLAIMS RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN CONTENT, ANY LOSSES OR DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, REGARDLESS OF NOTICE OF SUCH POSSIBILITY.
SECTION 17 - INDEMNIFICATIONYou agree to indemnify, defend and hold harmless LeiShape, Shopify and our affiliates, partners, officers, directors, employees, agents, merchants, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees payable to any third party as a consequence of: (1) your breach of these Terms and Conditions of Service or documents contained therein, (2) your breach of laws or third-party rights, (3) your access and use of the Services.
We will notify you of any indemnifiable claims, provided that non-immediate notification does not release you from your obligations unless you are materially affected. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle claims requiring non-economic obligations on your part without your consent (which may not be unreasonably withheld). You will cooperate in the defense of unindemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITYIn the event that any clause of these Terms and Conditions of Service is deemed illegal, void or unenforceable, it will not be enforceable even to the extent permitted by applicable law, and the severability of the unenforceable part from these Terms and Conditions of Service will be evaluated, such decision will not affect the validity and enforceability of the other remaining clauses.
SECTION 19 - WAIVER; ENTIRE AGREEMENTShopify's failure to exercise or enforce any right or clause of these Terms and Conditions of Service shall not constitute a waiver of such right or clause.
These Terms and Conditions of Service and any notices or operating policies posted by us on this site or relating to the Services constitute the entire agreement and understanding between us and you, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between us and you (including but not limited to any previous versions of the Terms and Conditions of Service).
Any ambiguities in the interpretation of these Terms and Conditions of Service are not to be construed against the contracting party.
SECTION 20 - ASSIGNMENTYou may not delegate, transfer or assign this Agreement or any of your rights or obligations subject to these Terms without our written consent; any attempt will be void and null. We may transfer, assign or delegate these Terms and our rights and obligations without notifying you or without your consent.
SECTION 21 - APPLICABLE LAWSThese Terms and Conditions of Service and any separate agreement by which we provide you with the Services shall be governed and interpreted under the federal, state or territorial courts in the jurisdiction where LeiShape is located. You and LeiShape agree to the venue and personal jurisdiction in said courts.
SECTION 22 - HEADINGSThe headings used in this agreement are included for convenience only and do not limit or affect these Terms.
SECTION 23 - MODIFICATIONS TO TERMS AND CONDITIONS OF SERVICEYou may view the current version of the Terms and Conditions of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Service by posting updates and modifications on our website. It is your responsibility to periodically check for changes on our website. We will notify you of changes to any material of these Terms in accordance with applicable laws, and such changes will be effective as of the date indicated in the notice. Your continued use of or access to the Services following changes to the Terms and Conditions of Service constitutes your acceptance of such changes.
SECTION 24 - CONTACTQuestions regarding the Terms and Conditions of Service should be sent to support@leishape.com.