Terms of service

Overview

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

The terms and conditions below, together with any policies contained herein ("Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms 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 of Service and our Privacy Policy [LINK]. If you do not accept these Terms of Service or the Privacy Policy, you must not use or access our Services.

Section 1 — Access and Account

By accepting these Terms of Service, you declare that you are of legal age in 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 in your possession or 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 email address and billing, payment, and shipping data. You declare and warrant that all information provided by you in our stores is correct, up to date, and complete and that you hold all rights necessary to provide such information.

Your account activity and the protection of your account credentials are your responsibility. You may not transfer, sell, assign, or license your account to other persons.

Section 2 — Our Products

We have made efforts 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 to any person, geographic area, or jurisdiction.

Section 3 — Orders

When you place an order, you submit a purchase offer. 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 review the order carefully before submission, as LeiShape may not be able to fulfill cancellation requests after acceptance. In the event of rejection, modification, or cancellation of an order, we will notify you by contacting you via the email, billing address, and/or telephone number provided at the time of order submission.

Your purchases are subject to return or exchange exclusively in accordance with our Refund Policy. You declare and warrant that you are making purchases for personal or family 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 the order confirmation email.

Unless otherwise specified, published prices do not include taxes or customs, shipping, handling, or import fees. 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 that are subject to terms and conditions independent of these Terms. In case of conflict between the terms of an offer and these Terms, the terms of the offer will prevail.

For all purchases made in our stores, you agree to provide correct, up to date, and complete data relating to purchase, payment, and account. You agree to promptly 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 declare and warrant that (i) the credit card data you provide is true, correct, and complete, (ii) you are authorized to use such credit card for purchases, (iii) the charges billed to you will be honored by the credit card company, and (iv) you will pay the charges billed to you according to the published prices, including shipping and handling taxes and all other taxes if applicable.

Section 5 — Shipping and Delivery

We 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 the products have been 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, visuals, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are the property of LeiShape, its affiliates, or licensors and are protected by United States and foreign patent, copyright, and intellectual property laws.

These Terms allow you to use the Services for exclusively personal and non-commercial use. You may not reproduce, distribute, modify, create copies, publicly display and perform, republish, download, store, or transmit material related to the Services without our written consent.

Except as expressly stated, these Terms contain nothing that grants or can be interpreted as granting 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 may not use such trademarks without LeiShape's written authorization. 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 Tools

You 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 kind of warranty, representation, 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 is at your risk and discretion, and you must furthermore know and accept 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 part of the Services and are subject to these Terms of Service.

Section 8 — Third-Party Links

The 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 correctness of materials or websites of third parties to which you choose to access. If you decide to leave the Services to access such materials or third-party 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 to your purchase or use of products, services, resources, or content on third-party websites. Please read the policies and practices of the third parties in question carefully and understand them before making any transaction. Any complaints, doubts, or questions relating to products and services of third parties must be presented to said third parties.

Section 9 — Relationship with Shopify

LeiShape is operated by Shopify, which allows us to provide you with the Services. However, the sales and purchases made by you in our Store occur directly with LeiShape. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the 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 the purchases and transactions made by you with LeiShape.

Section 10 — Privacy Policy

All 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.

As it supports the Services, Shopify collects and processes personal data relating to your access to and use of the Services to offer and improve the Services for you. In order to offer and improve the Services for you, the data you submit to the Services will be transmitted and shared with Shopify and third parties who may reside in countries other than yours. Please consult our privacy policy for more information on how we, Shopify, and our partners use your personal data.

Section 11 — Feedback

When you submit, upload, post, send via email, or otherwise transmit any idea, suggestion, feedback, review, proposal, plan, or other content (generally "Feedback"), you grant us a continuous, global, transferable, and royalty-free license to use, reproduce, modify, publish, distribute, and display said Feedback via 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 perform obligations and exercise our rights as set out in the Terms of Service.

In addition, you confirm and agree that: (i) you own the rights necessary for 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 we are not obligated, we may monitor, modify, 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 of Service.

You confirm that your Feedback will not violate any rights of any third parties, including copyright, trademark, privacy, individuality rights, and any other personal or proprietary rights. You also confirm that your Feedback will not include defamatory or otherwise illegal, offensive, or obscene content, nor contain viruses or other computer malware that could affect the operation of the Services or any linked website.

You must 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 correctness are your sole responsibility. We assume no responsibility for Feedback posted by you or by third parties.

Section 12 — Errors, Inaccuracies, and Omissions

It may happen that information relating to the Services or included therein contains typos, 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 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 rules, regulations, 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) adopting any other type of behavior that prevents or inhibits the use or access of the Services by other persons, or that we will consider dangerous for LeiShape, Shopify, or users of the Services, or that exposes them to liability.

In addition, you agree not to: (a) upload or transmit viruses or other types of malicious code that could be used to condition the operation or functionality 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) engage in 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 — Termination

We may terminate this agreement at any time or interrupt your access to the Services (or any part thereof) at our discretion and without notice; you will continue to be responsible for all amounts owed until the date of termination.

The following sections will continue to be valid after termination: Intellectual Property, Feedback, Termination, Warranty Limitation, 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 — Warranty Limitation

The information presented in the Services or through them 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 for reliance placed on such materials by you, any visitor of 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 KIND OF REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICE, FITNESS FOR A SPECIFIC PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT, REPRESENT, OR GUARANTEE 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 ABOVE DISCLAIMER MAY NOT BE VALID FOR YOU.

Section 16 — Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LeiShape, OUR PARTNERS, EXECUTIVES, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST EARNINGS, LOSS OF DATA, REPLACEMENT COSTS, OR OTHER SIMILAR DAMAGES, WHETHER ARISING FROM CONTRACTUAL, PARTICULAR, TORT (INCLUDING NEGLIGENCE) LIABILITY, OR ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES; NOR FOR ANY OTHER CLAIMS RELATING 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 LeiShape, Shopify, and our affiliates, partners, officers, executives, employees, agents, merchants, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal expenses to be paid to any third party as a result of: (1) your violation of these Terms of Service or the documents contained therein, (2) your violation of laws or rights of third parties, (3) your access to and use of the Services.

We will notify you of any indemnifiable claims, provided that non-prompt notification does not release you from your obligations unless you are materially affected. We may control the defense and resolution of such claim at your expense, including the choice of counsel, but we will not settle claims that require non-economic obligations on your part without your consent (which may not be unreasonably withheld). You will cooperate in the defense of non-indemnified claims, including by providing relevant documents.

Section 18 — Severability

In the event that any clause of these Terms of Service is held to be illegal, void, or unenforceable, it shall not be applicable even to the extent permitted by current law, and consideration will be given to severing the unenforceable part from these Terms of Service. Such decision will not affect the validity and enforceability of the other remaining clauses.

Section 19 — Waiver; Entire Agreement

The failure to exercise or apply by Shopify any right or clause of these Terms of Service will not constitute a waiver of such right or clause. These Terms of Service and any policy or operating standard 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 previous or contemporaneous agreement, communication, and proposal, whether oral or written, between us and you (including but not limited to any previous version of the Terms of Service). Any ambiguity in the interpretation of these Terms of Service is not to be construed against the drafting party.

Section 20 — Assignment

You must not delegate, transfer, or assign this Agreement or any of your rights or obligations subject to these Terms without our written consent; any attempt to do so 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 Laws

These Terms of Service and any separate agreement under which we provide you with the Services shall be governed and interpreted under the federal, state, or territorial courts in the jurisdiction in which LeiShape is based. You and LeiShape accept the venue and personal jurisdiction in said 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 the Terms of Service

You can consult the current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check for changes on our website. We will notify you of changes to any material in 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 the changes to the Terms of Service constitutes your acceptance of such changes.

Section 24 — Contacts

Questions regarding the Terms of Service should be sent to info@leishape.com.