Terms of service
OVERVIEW
Welcome to sapontos! The terms “we,” “us,” and “our” refer to sapontos. sapontos operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, as a customer, with a curated shopping experience (the “Services”). sapontos is powered by Shopify, which enables us to provide you with the Services.
The following terms and conditions, together with any policies referenced herein (these “Terms and Conditions of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms and Conditions of Service carefully, as they include important information about your legal rights and cover matters such as warranty disclaimers and limitations of liability.
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 ACCOUNT
By agreeing to these Terms and Conditions of Service, you represent that you are of legal age in your state or region of residence and that you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any product or service we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information provided in 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 security of your account credentials and for all activities conducted through your account. You may not transfer, sell, assign, or license your account to any third party.
SECTION 2 - OUR PRODUCTS
We have made every effort to accurately represent our products and services in our online stores. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device used to access the store and your device settings and configurations.
We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or match what is represented or displayed in our online stores.
All product descriptions 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 quantities of any product offered to any person, geographic area, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. sapontos reserves the right to accept or reject the order for any reason, at its sole discretion. An order is not accepted until sapontos confirms its acceptance. Payment must be received and processed before the order is accepted. Please review your order carefully before submitting it, as sapontos may not be able to accommodate cancellation requests after the order has been accepted. If your order is not accepted, modified, or canceled, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time of the order.
Purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].
You represent and warrant that purchases are intended for personal or household use only and not for commercial resale or export.
SECTION 4 - PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is submitted and will be stated in the order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping charges, handling fees, customs duties, or import costs.
Prices posted in our online stores may differ from prices offered in physical stores or other online stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect pricing and are governed by separate terms and conditions from these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. 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 as needed.
You represent and warrant that:
(i) the credit card information you provide is true, correct, and complete;
(ii) you are duly authorized to use such credit card for the purchase;
(iii) charges incurred will be honored by your credit card issuer; and
(iv) you will pay the charges incurred at the posted prices, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures, or events beyond our control. Once products are transferred to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by sapontos, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing herein grants or shall be construed as granting any license or other rights under any patent, trademark, copyright, or other intellectual property rights of sapontos, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by sapontos.
The names, logos, product and service names, designs, and slogans of sapontos are trademarks of sapontos or its affiliates or licensors. You may not use such trademarks without the prior written permission of sapontos. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.
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 such tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms and Conditions of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to access to third-party websites or the purchase or use of products, services, resources, or content on third-party websites. Please review carefully the third-party’s policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: this section accurately describes the relationship between Shopify and your store and must not be removed or modified.]
sapontos is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases made through our store are conducted directly with sapontos. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and sapontos, including any damages, injuries, or losses arising from products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchases and transactions with sapontos.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties who may be located in countries other than where you reside, in order to provide you with services. Please refer to our Privacy Policy [LINK] for more details about how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. We may, for example, exercise rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services and to fulfill our obligations and exercise our rights under these Terms and Conditions of Service.
You further represent and warrant that:
(i) you own or otherwise control all necessary rights to the Feedback;
(ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and
(iii) your Feedback complies with these Terms. We are under no obligation to:
(1) maintain your Feedback in confidence;
(2) pay compensation for your Feedback; or
(3) respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms and Conditions of Service.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor contain any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility and accept no liability for any Feedback posted by you or any third party.
We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.
EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED 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.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY 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 SERVICE OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless sapontos, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys’ fees, made by any third party due to or arising out of:
(1) your breach of these Terms and Conditions of Service or the documents incorporated herein by reference;
(2) your violation of any law or the rights of a third party; or
(3) your access to or use of the Services.
We will notify you of any indemnifiable claim, provided that failure to provide prompt notice will not relieve you of your obligations except to the extent you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including selection of counsel, but we will not settle any claim imposing non-monetary obligations without your consent, which shall not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documentation.
SECTION 19 - SEVERABILITY
If any provision of these Terms and Conditions of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.
These Terms and Conditions of Service and any policies or operating rules posted by us on this site or in connection with the Service constitute 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 (including, without limitation, any prior versions of the Terms and Conditions of Service).
Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any rights or obligations under these Terms without our prior written consent, and any attempted delegation, transfer, or assignment shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 - GOVERNING LAW
These Terms and Conditions of Service and any separate agreements whereby we provide the Services shall be governed by and construed in accordance with the federal and state or territorial laws of the jurisdiction in which sapontos is headquartered. You and sapontos consent to venue and personal jurisdiction in such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms and Conditions of Service.
SECTION 24 - CHANGES TO THE TERMS AND CONDITIONS OF SERVICE
You can review the most 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 changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms and Conditions of Service should be sent to sapontos.store@gmail.com.