Terms of service

OVERVIEW

Welcome to Try Shinova! The terms "we" and "our" refer to Try Shinova. Try Shinova operates this store and website, including information, content, features, tools, products and services, in order to provide you, the customer, with an appropriate shopping experience (the "Services"). Try Shinova is powered by Shopify, which allows us to provide you with the Services.

The terms and conditions below, together with any information contained therein ("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 regarding your legal rights and cover areas such as warranty limitations 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 accepting these Terms and Conditions of Service you declare that you are of legal age in the state or province where you reside, and that you have given us consent to allow minors connected to you to use the Services on devices owned, purchased or managed by you. 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 your email address and billing, payment and shipping details. You represent and warrant that all information you provide in our stores is accurate, 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 may not transfer, sell, assign or license your account to other individuals.

SECTION 2 - OUR PRODUCTS

We have made every effort to accurately present 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 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 individual, geographic area or jurisdiction.

SECTION 3 - ORDERS

When you place an order you are submitting an offer to purchase. Try Shinova reserves the right to accept or reject your order at its own discretion for any reason. Your order is not confirmed until Try Shinova confirms its acceptance. Before accepting an order we must receive and process payment. Please review your order carefully before submitting, as Try Shinova may not be able to accommodate cancellation requests after acceptance. In the event of refusal, modification or cancellation of an order, we will notify you by contacting you via the email, billing address and/or phone number you provided at the time of order submission. Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK]. You represent and warrant that you are making purchases for personal or household use and not for resale or export.

SECTION 4 - PRICES AND BILLING

Prices, 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 your order confirmation email. Unless otherwise specified, published prices do not include taxes or customs, shipping, handling or import costs. Prices published in our online stores may differ from prices offered in physical stores or online 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 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 accurate, current and complete purchase, payment and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, 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 truthful, correct and complete, (ii) you are authorized to use such credit card for purchases, (iii) charges incurred by you will be honored by the credit card company, and (iv) you will pay the charges incurred by you at the published prices, including shipping and handling charges and all other applicable taxes.

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 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 PROPERTY

Our Services, including but not limited to trademarks, brands, texts, displays, images, graphics, product reviews, videos and audio, as well as the design, selection and organization thereof, are owned by Try Shinova, its affiliates or licensors and are protected by US and foreign patent, copyright and intellectual property laws. These Terms allow you to use the Services for personal and non-commercial use only. You may not reproduce, distribute, modify, create copies, publicly display and present, republish, download, store or transmit material relating to the Services without our written consent. Except as expressly stated, these Terms contain nothing that guarantees or may be interpreted as guaranteeing a license or other rights in your favor relating to patents, trademarks, copyrights or other intellectual property of Try Shinova, Shopify or third parties. Unauthorized use of the Services may result in violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved to Try Shinova. The names, logos, product and service names, designs and slogans of Try Shinova are trademarks of Try Shinova or its affiliates or licensors. You may not use such trademarks without the written authorization of Try Shinova. 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 appearing in the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may have access to customer tools offered by third parties as part of the Services that we do not verify, monitor or incorporate. You understand and agree that we provide access to such tools "as is" and "as available" without any warranty, representation or condition 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 is at your own risk and discretion and you must be aware of and agree to the terms on which such tools are 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 as part of the Services and are 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 incorporated third-party features). It is not our responsibility to review or evaluate the content or accuracy of third-party materials or websites 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 and understand the policies and practices of the relevant third parties carefully before making any transaction. Any complaints, concerns or questions regarding third-party products and services should be directed to the relevant third parties.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE FOR MERCHANT: This section describes in detail the relationship of Shopify with your store and must not be removed or modified.] Try Shinova is powered by Shopify, which allows us to provide you with the Services. However, sales and purchases you make in our Store occur directly with Try Shinova. By using the Services you understand and agree that Shopify is not responsible for any aspect of sales between you and Try Shinova, 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 Try Shinova.

SECTION 10 - PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], 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. As it supports 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 different from your own. See our Privacy Policy [LINK] for more information on how we, Shopify and our partners use your personal data.

SECTION 11 - FEEDBACK

When you submit, upload, post, email or otherwise transmit any idea, suggestion, feedback, review, proposal, plan or other content (generally "Feedback"), you grant us a continuing, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback through any medium for any purpose, including commercial purposes. You further confirm and agree that: (i) you own all necessary rights to all Feedback; (ii) you have disclosed any compensation 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 not obligated, we may monitor, edit or remove Feedback that, in our discretion, is unlawful, 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 party, including copyright, trademark, privacy, personality and any other personal or proprietary rights. You may not use a false email address, pretend to be someone else or mislead us or third parties as to 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 OMISSIONS

Occasionally information in the Services or contained therein may contain typographical errors, inaccuracies or omissions that may relate to 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 change or update information or cancel orders in the event of errors at any time and without notice (even after an order has been submitted).

SECTION 13 - PROHIBITED USES

You may access and use the Services only for legitimate purposes. You may not access or use the Services, directly or indirectly, for: (a) illegal or malicious purposes; (b) violating local, provincial, state, federal and international regulations, rules, laws or ordinances; (c) infringing or violating our intellectual property rights or those of others; (d) harassing, oppressing, insulting, harming, defaming, slandering, denigrating, intimidating or offending our employees or anyone else; (e) transmitting false or misleading information; (f) sending, receiving, uploading, downloading, using or reusing material that does not comply with these Terms; (g) transmitting or inducing the sending of advertising or promotional material, including "junk mail", "chain letters", "spam" or other similar solicitations; (h) impersonating or attempting to impersonate another person or entity; (i) engaging in any other conduct that prevents or inhibits other people's use of or access to the Services, or that we deem harmful to Try Shinova, Shopify or users of the Services, or exposes them to liability. You further agree not to: (a) upload or transmit viruses or other types of malicious code; (b) reproduce, duplicate, copy, sell, resell or disclose any portion of the Services; (c) collect or track the personal data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (e) interfere with or circumvent the security features of the Services or related websites. We reserve the right to suspend, disable or close your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or discontinue your access to the Services (or any part thereof) at any time at our discretion and without notice; you will continue to be responsible 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, Governing Law, Privacy Policy and any other provision that, by its nature, survives termination.

SECTION 15 - LIMITATION OF WARRANTY

The information presented in or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of such information. You rely on such information solely at your own risk. EXCEPT AS EXPRESSLY STATED BY Try Shinova, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICE, 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 OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Try Shinova, 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, TORT (INCLUDING NEGLIGENCE) OR OTHER LIABILITY OR ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES; NOR FOR ANY 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 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 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Try Shinova, 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 result of: (1) your violation of these Terms and Conditions of Service or the documents contained therein, (2) your violation of laws or third-party rights, (3) your access to and use of the Services. We will notify you of any indemnifiable claims, provided that failure to provide immediate notice does not relieve you of your obligations unless you are materially affected. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but will not settle claims requiring non-monetary obligations on your part without your consent. You will cooperate in the defense of unindemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms and Conditions of Service is found to be unlawful, void or unenforceable, it shall not be enforceable to the extent permitted by applicable law, and severance of the unenforceable portion from these Terms and Conditions of Service shall be considered; such decision shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Shopify's 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 published 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. Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our written consent; any attempt to do so shall be void and of no effect. We may transfer, assign or delegate these Terms and our rights and obligations without notice to you or your consent.

SECTION 21 - GOVERNING LAW

These Terms and Conditions of Service and any separate agreement under which we provide you with Services shall be governed and interpreted in accordance with the federal, state or territorial courts in the jurisdiction where Try Shinova is located. You and Try Shinova consent to the venue and personal jurisdiction of such courts.

SECTION 22 - HEADINGS

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

SECTION 23 - CHANGES TO TERMS AND CONDITIONS OF SERVICE

You 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 changes on our website. It is your responsibility to periodically check our website for changes. We will notify you of changes to any material in these Terms in accordance with applicable laws, and such changes will be effective from 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 those changes.

SECTION 24 - CONTACT INFORMATION

Questions regarding the Terms and Conditions of Service should be sent to tryshinova@gmail.com.