Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to EtherealBae! The terms "we," "us," and "our" refer to EtherealBae. EtherealBae operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). EtherealBae is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (collectively, the "Terms"), describe your rights and responsibilities when using our Services.

Please read these Terms carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, accessing, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms or our Privacy Policy, you must not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on any device you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information such as your email address, billing details, payment information, and shipping information. You represent and warrant that all information you provide is accurate, current, complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account and for all activities carried out under your account credentials. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We make every effort to display our products and services as accurately as possible in our online store. However, the appearance and colors of products may vary depending on your device, display settings, and configuration.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or exactly match the images displayed in our online store.

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 to limit the sale of any product to any person, geographic region, or jurisdiction where permitted.

SECTION 3 – ORDERS

By placing an order, you are making an offer to purchase our products. EtherealBae reserves the right to accept or reject any order at its sole discretion for any reason.

Your order is not accepted until we confirm its acceptance. We must receive and process your payment before accepting your order.

Please review your order carefully before submitting it, as we may not be able to cancel it after it has been accepted.

If we refuse, modify, or cancel your order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.

Purchases are subject to our Refund Policy [LINK].

You represent and warrant that any products purchased are for your personal or household use only and are not intended for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions may change without prior notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email.

Unless otherwise stated, prices do not include VAT, shipping charges, handling fees, customs duties, or import taxes.

Prices displayed in our online store may differ from prices available in physical stores or through third-party retailers.

From time to time, we may offer promotions that are governed by separate terms and conditions. If there is any conflict between those promotional terms and these Terms of Service, the promotional terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You agree to promptly update your account information, including your email address, payment details, and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

  • the payment information you provide is accurate and complete;
  • you are authorized to use the payment method provided;
  • charges incurred will be honored by your payment provider; and
  • you will pay all charges, including shipping fees, handling charges, taxes, and any other applicable fees.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays.

Delivery times are estimates only and are not guaranteed.

We are not liable for delays caused by shipping carriers, customs clearance, or circumstances beyond our control.

Ownership of and risk of loss for products pass to you once the products are delivered to the shipping carrier.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio materials, and their design, selection, and arrangement, are the property of EtherealBae, its affiliates, or licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

These Terms of Service permit you to use the Services solely for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from our Services without our prior written permission.

Except as expressly provided in these Terms, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property owned by EtherealBae, Shopify, or any third party.

Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted are reserved by EtherealBae.

The EtherealBae name, logo, product names, service names, designs, and slogans are trademarks of EtherealBae or its affiliates or licensors. You may not use them without our prior written permission.

Shopify, its logo, product names, service names, designs, and slogans are trademarks of Shopify. All other trademarks appearing in the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools that we neither monitor nor have any control or input over.

You acknowledge and agree that such tools are provided "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 of optional tools offered through the website is entirely at your own risk and discretion. It is your responsibility to ensure that you understand and approve of the terms on which these tools are provided by the relevant third-party providers.

We may also introduce new features, services, tools, or resources in the future. Any such new features or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain materials and links to third-party websites or services.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites and we do not warrant or assume any liability for them.

If you choose to leave our Services and access any third-party website, you do so entirely at your own risk.

We are not responsible for any damages or losses related to your use of third-party products, services, resources, or websites.

Please review the policies and practices of any third party carefully before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third party.

SECTION 9 – SHOPIFY RELATIONSHIP

EtherealBae is powered by Shopify, which enables us to provide our Services.

However, all purchases and sales are made directly with EtherealBae.

By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transaction between you and EtherealBae, including any injury, loss, damage, or claims resulting from your purchase of products or services.

You expressly release Shopify and its affiliates from any liability arising from your transactions with EtherealBae.

SECTION 10 – PRIVACY POLICY

Any personal information collected through our Services is governed by our Privacy Policy [LINK].

Some personal information may also be subject to the Shopify Privacy Policy.

Because our Services are hosted by Shopify, Shopify collects and processes certain personal information related to your access to and use of our Services.

Information you submit may be transferred to Shopify and third-party service providers, including providers located outside your country of residence, for the purpose of providing the Services.

Please refer to our Privacy Policy for more information about how we and our service providers use your personal information.

SECTION 11 – FEEDBACK

If you submit ideas, suggestions, reviews, proposals, comments, or any other content ("Feedback"), you grant EtherealBae a perpetual, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.

You represent and warrant that:

  • you own or have all necessary rights to your Feedback;
  • you have disclosed any compensation or incentives received for submitting it; and
  • your Feedback complies with these Terms.

We are under no obligation to:

  • keep your Feedback confidential;
  • compensate you for your Feedback; or
  • respond to your Feedback.

We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine to be unlawful, offensive, defamatory, obscene, or otherwise objectionable, or that violates these Terms or any intellectual property rights.

You agree that your Feedback will not infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights.

Your Feedback must not contain unlawful, abusive, defamatory, obscene, or malicious content, including viruses or other harmful software.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of your Feedback.

You are solely responsible for any Feedback you submit and for its accuracy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or 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 is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may access and use our Services only for lawful purposes.

You may not use the Services:

  • for any unlawful or fraudulent purpose;
  • to violate any international, federal, state, provincial, or local laws or regulations;
  • to infringe upon our intellectual property rights or the rights of others;
  • to harass, abuse, insult, harm, defame, intimidate, or discriminate against any person;
  • to submit false or misleading information;
  • to upload or transmit malicious software, viruses, or any harmful code;
  • to send spam, phishing messages, chain letters, or unsolicited promotional material;
  • to impersonate another person or entity;
  • to interfere with or disrupt the security or functionality of the Services.

You also agree not to:

  • reproduce, duplicate, copy, sell, or exploit any portion of the Services;
  • collect or track personal information of others;
  • use bots, spiders, scrapers, artificial intelligence tools, or automated systems to access the Services without authorization;
  • bypass security features or access restrictions.

We reserve the right to suspend or terminate your access if you violate these Terms.

SECTION 14 – AGENTS

If you use an automated agent, AI system, bot, or similar software to access or interact with our Services, you agree that:

  • the agent must clearly identify itself;
  • the agent must not disguise itself as a human user;
  • the agent must not bypass CAPTCHA or other security measures;
  • the agent must truthfully respond if asked whether it is automated;
  • the agent must comply with any technical restrictions we implement.

We reserve the right to restrict or block automated access to our Services at any time.

SECTION 15 – TERMINATION

We may terminate or suspend your access to the Services at any time, without prior notice, for any reason.

Termination does not affect any rights or obligations that arose before the termination date.

The provisions relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Privacy Policy, and any other provisions intended to survive termination shall remain in effect.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information provided through our Services is for general informational purposes only.

Except where expressly stated otherwise, all Services and products are provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express or implied.

We do not guarantee that:

  • the Services will always be available;
  • the Services will be uninterrupted;
  • the Services will be secure;
  • the Services will be error-free; or
  • any defects will be corrected.

To the fullest extent permitted by law, we disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, EtherealBae, its owners, employees, affiliates, agents, contractors, licensors, service providers, and Shopify shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages.

This includes, but is not limited to:

  • loss of profits;
  • loss of revenue;
  • loss of savings;
  • loss of data;
  • replacement costs; or
  • any similar damages arising from your use of the Services or products purchased through the Services.

This limitation applies whether the claim is based on contract, negligence, strict liability, or any other legal theory.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless EtherealBae, Shopify, and their affiliates, officers, employees, contractors, licensors, and service providers from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:

  • your violation of these Terms;
  • your violation of any law;
  • your infringement of the rights of any third party; or
  • your use of the Services.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by law.

The remaining provisions shall remain valid and enforceable.

SECTION 20 – ENTIRE AGREEMENT

These Terms of Service, together with our policies referenced herein, constitute the entire agreement between you and EtherealBae regarding your use of the Services.

Any failure by us to enforce any right or provision shall not constitute a waiver of that right.

SECTION 21 – ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer these Terms without notice or your consent.

SECTION 22 – GOVERNING LAW

These Terms of Service shall be governed by and interpreted in accordance with the laws applicable in the jurisdiction where EtherealBae is established.

You agree to submit to the exclusive jurisdiction of the courts located in that jurisdiction.

SECTION 23 – HEADINGS

The headings used in these Terms are provided for convenience only and do not affect the interpretation of any provision.

SECTION 24 – CHANGES TO THESE TERMS

We reserve the right to update, modify, or replace any part of these Terms of Service at any time by posting changes on our website.

It is your responsibility to review these Terms periodically.

Your continued use of the Services after any changes have been posted constitutes your acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

etherealbaesupport@gmail.com

EtherealBae

Email: etherealbaesupport@gmail.com