Terms of service

OVERVIEW

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

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use our Services.

Please read these Terms of Service carefully. They contain important information regarding your legal rights, obligations, warranties, limitations of liability and other matters.

By visiting, interacting with or using our Services, including purchasing from our store, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should 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 state, province or jurisdiction of residence, or that you are the age of majority and have given consent for any of your minor dependants to use the Services on devices you own, purchase or manage.

To use certain parts of the Services or make a purchase, you may be required to provide information including your name, email address, billing information, payment information and shipping address.

You represent and warrant that all information you provide is accurate, current and complete and that you have the necessary rights to provide such information.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to display and describe our products as accurately as possible.

However, colours and product appearance may vary depending on your device, display settings, lighting conditions and other factors.

Minor variations in colour, texture, finish, stitching or other characteristics may also occur where appropriate to the nature of the product.

We do not guarantee that your device's display of any colour or product will be completely accurate.

Product descriptions, availability and other product information may be updated or changed at any time without notice.

We reserve the right to discontinue products or limit quantities available to any person, geographic region or jurisdiction where permitted by law.

SECTION 3 — ORDERS

When you place an order with Estoria, you are making an offer to purchase the products in your order.

We reserve the right to accept, decline or cancel an order where reasonably necessary, including in circumstances involving suspected fraud, payment issues, product availability, pricing or listing errors, or other legitimate business reasons.

An order is not considered accepted until it has been confirmed by Estoria and the required payment has been successfully processed.

Please review your order carefully before submitting it. Once an order has entered processing, we may not be able to accommodate cancellation or modification requests.

If we decline, modify or cancel an order, we may attempt to notify you using the email address, billing information or other contact details provided with your order.

Returns and refunds are governed by our Refund Policy.

You agree that products purchased through our store are intended for lawful personal or household use unless otherwise agreed by Estoria.

SECTION 4 — PRICES AND BILLING

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

The price charged for a product will generally be the price displayed at the time your order is submitted and confirmed, subject to correction of obvious pricing or technical errors where permitted by applicable law.

Unless expressly stated otherwise, displayed prices may not include applicable taxes, shipping charges, customs duties, import charges or other charges that may apply to your order.

From time to time, Estoria may offer promotions or discounts subject to separate conditions. Where specific promotional terms conflict with these Terms, the specific promotional terms will apply to that promotion.

You agree to provide current, complete and accurate purchase and account information.

You represent and warrant that you are authorised to use any payment method submitted in connection with your purchase and that the information you provide is true and accurate.

SECTION 5 — SHIPPING AND DELIVERY

Shipping and delivery times displayed by Estoria are estimates unless expressly stated otherwise.

Delivery may be affected by circumstances outside our reasonable control, including carrier delays, customs processing, weather conditions, peak periods and other unforeseen events.

Please ensure that the shipping information provided with your order is complete and accurate.

Further information regarding fulfilment, estimated delivery and applicable shipping conditions can be found in our Shipping Policy.

Nothing in this section limits any rights you may have under applicable consumer law.

SECTION 6 — INTELLECTUAL PROPERTY

The Estoria website and Services, including Estoria branding, logos, original text, graphics, website design, layouts, photographs, videos and other content created by or licensed to Estoria, may be protected by applicable copyright, trademark and other intellectual property laws.

You may access the Services for your personal and non-commercial use.

Unless permitted by law or expressly authorised by Estoria, you may not reproduce, distribute, modify, republish, publicly display, commercially exploit or create derivative works from Estoria-owned website materials without prior written permission.

The Estoria name, logo, designs and other Estoria brand identifiers may not be used without our prior written permission.

Shopify's name, logos and associated intellectual property belong to Shopify or its licensors.

Any third-party trademarks, brand names, logos, product names and other intellectual property appearing through the Services remain the property of their respective owners. Their appearance on our website does not transfer ownership of those rights to Estoria.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools, applications or functionality offered by third parties.

We may not monitor or control these third-party tools.

To the extent permitted by law, access to third-party tools may be provided on an “as is” and “as available” basis without warranties, representations or endorsements from Estoria.

Your use of optional third-party tools is at your discretion and may also be subject to the applicable third party's terms and privacy policies.

We may introduce new features, tools or resources through the Services in the future. Such features will form part of the Services and may be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain links to websites, services or materials provided by third parties.

Estoria is not responsible for examining or evaluating all third-party content, websites or services and does not warrant their accuracy or reliability.

If you access a third-party website or service, you do so subject to that provider's terms and policies.

To the extent permitted by law, Estoria is not responsible for loss or damage arising solely from your use of independent third-party websites, products or services.

Questions or complaints concerning a third party's own products or services should generally be directed to that third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Estoria is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are transactions directly between you and Estoria.

By using the Services, you acknowledge that Shopify is not the seller of products purchased from Estoria and, to the extent permitted by applicable law, Shopify is not responsible for the sales transaction between you and Estoria, including loss or damage arising from products purchased from our store.

Nothing in this section excludes any liability that cannot lawfully be excluded.

SECTION 10 — PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our store is hosted by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services in order to provide its platform and related functionality.

Information you submit through the Services may also be processed by service providers and other parties involved in providing services such as payment processing, order fulfilment, analytics, customer support and delivery.

Please review our Privacy Policy for more information regarding how personal information is collected, used and shared.

SECTION 11 — FEEDBACK AND REVIEWS

If you submit reviews, photographs, feedback, suggestions, ideas or other content to Estoria, you represent that you have the rights necessary to provide that content.

To the extent permitted by law, you grant Estoria a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display, adapt and distribute content you voluntarily submit to us for purposes including operating, improving and promoting our Services.

You must not submit content that infringes another person's intellectual property, privacy or other rights or that is unlawful, defamatory, abusive, obscene, fraudulent or otherwise prohibited by applicable law.

You must not impersonate another person or intentionally misrepresent the origin of submitted content.

We may moderate or remove submitted content where we reasonably believe it violates these Terms or applicable law.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, prices, promotions, availability, shipping charges or estimated delivery times.

Where permitted by applicable law, we reserve the right to correct errors or inaccuracies and update information.

If an error materially affects an order you have already submitted, we will handle the matter in accordance with applicable law and, where appropriate, contact you regarding the affected order.

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to violate applicable laws or regulations, infringe intellectual property or other legal rights, harass or harm another person, transmit knowingly false or misleading information, distribute malware, spam or malicious code, impersonate another person or organisation, scrape or collect information unlawfully, interfere with the security or operation of the Services, or otherwise misuse the Services.

You may not reproduce, duplicate, copy, sell, resell or commercially exploit any protected portion of the Services except where expressly authorised by Estoria or permitted by law.

We reserve the right to restrict or terminate access to the Services where we reasonably determine that these Terms have been materially violated.

SECTION 14 — TERMINATION

We may suspend or terminate access to all or part of the Services where permitted by law, including where these Terms have been materially violated or where necessary to protect Estoria, our customers, Shopify or third parties.

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

Any provisions which by their nature should survive termination will continue to apply.

SECTION 15 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

We do not guarantee that the Services will always be uninterrupted, completely secure or error-free.

Nothing in these Terms excludes or limits warranties, guarantees or consumer rights that cannot legally be excluded or limited.

Where applicable law provides you with mandatory consumer protections, those protections remain unaffected.

SECTION 16 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Estoria and its affiliates, employees, contractors, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential losses arising from your use of the Services or products purchased through the Services where such liability may lawfully be excluded.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

Your statutory consumer rights remain unaffected.

SECTION 17 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Estoria and its affiliates, employees, agents, contractors, licensors and service providers from third-party claims, liabilities, losses and reasonable costs arising from your unlawful use of the Services, your material breach of these Terms, or your violation of the rights of another party.

SECTION 18 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in full force and effect.

SECTION 19 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and other terms expressly incorporated into them, constitute the agreement governing your use of the Services, subject to any mandatory rights provided by applicable law.

SECTION 20 — ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent except where applicable law provides otherwise.

We may assign or transfer our rights and obligations in connection with a legitimate transfer, restructuring or operation of our business, subject to applicable law.

SECTION 21 — GOVERNING LAW

These Terms and any disputes relating to the Services will be governed by the laws applicable to Estoria and the relevant transaction, without depriving consumers of any mandatory protections available to them under the laws of their country or state of residence where such protections apply.

SECTION 22 — HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 23 — CHANGES TO THESE TERMS

You can review the most current version of these Terms of Service on this page.

We may update or replace portions of these Terms from time to time by publishing an updated version on our website.

Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services following an update will constitute acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 24 — CONTACT INFORMATION

Questions regarding these Terms of Service can be sent to:

Estoria
Email: helpshopestoria@gmail.com