Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Chealuxte.

Throughout these Terms of Service, the terms “we,” “us,” and “our” refer to Chealuxte. We operate this online store and website, including all related information, content, features, tools, products, and services, to provide customers with a convenient and carefully curated shopping experience collectively referred to as the “Services.”

Our online store is hosted on Shopify, which provides the e-commerce platform that enables us to offer our products and Services to you.

These Terms of Service, together with any policies, notices, or documents referenced herein, describe your rights and responsibilities when accessing or using our Services.

Please read these Terms of Service carefully. They contain important information regarding your legal rights, including warranty disclaimers, limitations of liability, and other conditions that may affect you.

By visiting our website, creating an account, purchasing a product, or otherwise accessing or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree with these Terms of Service or our Privacy Policy, you must not access or use our Services.

SECTION 1 — ELIGIBILITY, ACCESS, AND ACCOUNTS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state, province, or country of residence.

You also confirm that you have given permission for any minor dependents under your supervision to use the Services through devices that you own, purchase, or manage.

To use certain features of our Services, browse our online store, or purchase products, you may be required to provide information such as your:

Name
Email address
Billing address
Shipping address
Telephone number
Payment information

You agree that all information you provide is accurate, complete, current, and lawful.

You are responsible for maintaining the confidentiality of your account credentials and for all activities performed through your account.

You may not sell, transfer, assign, license, or allow another person to use your account without our prior written permission.

We reserve the right to refuse service, suspend accounts, or terminate access when we reasonably believe that these Terms have been violated.

SECTION 2 — PRODUCTS AND PRODUCT INFORMATION

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

However, the colors, details, textures, appearance, and dimensions of products displayed on your screen may vary depending on your device, monitor settings, screen resolution, lighting conditions, and other technical factors.

We do not guarantee that:

Product colors will appear exactly the same on every device;
Product images will represent every detail with complete accuracy;
The appearance or quality of a product will meet every individual expectation; or
The product received will appear completely identical to the digital images displayed on our website.

Measurements, sizes, and dimensions are approximate unless otherwise stated. Customers are responsible for reviewing available product descriptions and size charts before placing an order.

We reserve the right to:

Update product descriptions at any time;
Correct inaccurate product information;
Limit product quantities;
Discontinue products without notice;
Restrict product sales by person, household, geographic region, or jurisdiction; and
Refuse orders that appear to violate our policies.

All products and promotions are subject to availability.

SECTION 3 — ORDERS AND ORDER ACCEPTANCE

When you place an order through our website, you are submitting an offer to purchase the selected products.

An order confirmation does not necessarily mean that your order has been accepted. Your order is accepted only after we successfully process your payment and confirm that the order can be fulfilled.

We reserve the right to accept, reject, limit, modify, or cancel any order for reasons including, but not limited to:

Product unavailability;
Incorrect product or pricing information;
Suspected fraud or unauthorized activity;
Payment authorization failure;
Shipping restrictions;
Violation of these Terms; or
Errors in the order information.

If we modify or cancel an order, we may attempt to notify you using the email address, telephone number, billing address, or other contact information provided during checkout.

Please carefully review your order before submitting it. Once an order has been accepted or entered production, we may not be able to cancel or modify it.

Returns, refunds, and exchanges are governed by our Return and Refund Policy

You represent that products purchased through our Services are intended for personal or household use and are not being purchased for unauthorized commercial resale or export.

SECTION 4 — PRICES, PROMOTIONS, AND PAYMENT

Product prices, discounts, promotions, and availability may change at any time without prior notice.

The price charged for a product will be the price displayed at the time your order is placed, subject to correction if an obvious pricing or technical error has occurred.

Unless expressly stated otherwise, displayed prices may not include:

Sales tax;
Value-added tax;
Shipping charges;
Handling charges;
Customs duties;
Import taxes; or
Other government or carrier fees.

Prices offered through our online store may differ from prices offered through physical stores, marketplaces, advertisements, social media platforms, or third-party websites.

Promotional campaigns may be subject to separate terms and conditions. If promotional terms conflict with these Terms of Service, the promotional terms will apply specifically to that promotion.

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

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

By submitting payment information, you represent and warrant that:

The payment information is accurate and complete;
You are legally authorized to use the payment method;
The payment provider will honor the charges; and
You will pay all charges associated with your order, including applicable taxes and shipping fees.

We reserve the right to cancel orders where payment cannot be authorized or where payment activity appears fraudulent or unauthorized.

SECTION 5 — SHIPPING AND DELIVERY

Processing and delivery timeframes shown on our website are estimates only and are not guaranteed.

Shipping delays may occur due to circumstances beyond our reasonable control, including:

Carrier delays;
Customs inspections;
Severe weather;
Natural disasters;
Public holidays;
Incorrect customer information;
Labor disruptions;
Supply chain interruptions;
Government restrictions; or
Other unforeseen events.

Customers are responsible for providing a complete and accurate shipping address.

We are not responsible for delivery problems caused by incorrect, incomplete, outdated, or undeliverable shipping information provided by the customer.

Once an order has been transferred to the shipping carrier, delivery may be subject to the carrier’s terms and procedures.

To the maximum extent permitted by applicable law, ownership and risk of loss may transfer to the customer when the order is handed over to the shipping carrier.

Additional information is available in our Shipping Policy

SECTION 6 — INTELLECTUAL PROPERTY RIGHTS

The Services and all materials available through them, including but not limited to:

Store names;
Logos;
Trademarks;
Product names;
Text;
Photographs;
Graphics;
Illustrations;
Videos;
Audio;
Product reviews;
Website designs;
Page layouts;
Software;
Icons; and
Other content

are owned by or licensed to Chealuxte, our affiliates, licensors, suppliers, or content providers.

These materials are protected by applicable copyright, trademark, patent, trade dress, and other intellectual property laws.

You may use our Services only for lawful, personal, and non-commercial purposes.

Without our prior written permission, you may not:

Copy or reproduce our content;
Modify our content;
Distribute or sell our content;
Create derivative works;
Publicly display or perform our content;
Republish our content;
Download or store substantial portions of our content;
Use our designs for commercial purposes;
Scrape or extract product information; or
Use our trademarks, branding, or intellectual property.

No license or ownership right is granted to you except for the limited right to access and use the Services in accordance with these Terms.

All rights not expressly granted are reserved.

Shopify’s names, logos, products, services, designs, and slogans are trademarks belonging to Shopify or its affiliates.

All other third-party trademarks displayed through the Services belong to their respective owners.

SECTION 7 — OPTIONAL AND THIRD-PARTY TOOLS

We may provide access to tools, applications, or services operated by third parties.

We do not control, monitor, operate, or supervise these third-party tools.

Access to third-party tools is provided on an “as is” and “as available” basis without warranties, representations, endorsements, or conditions of any kind.

Your use of third-party tools is entirely at your own risk.

Before using any third-party service, you should review and understand the terms and privacy practices established by the relevant provider.

We may introduce new features, tools, resources, or services in the future. Any new features made available through our website will form part of the Services and will be governed by these Terms.

SECTION 8 — THIRD-PARTY LINKS AND CONTENT

Our Services may contain links to websites, applications, materials, products, or services operated by third parties.

We do not control and are not responsible for evaluating the accuracy, reliability, security, legality, or content of third-party websites.

Accessing a third-party website is at your own risk.

We are not responsible for any loss, damage, dispute, or claim arising from:

Your access to third-party websites;
Your reliance on third-party content;
Your purchase of third-party products or services; or
Your interaction with third-party providers.

Please carefully review the policies and terms of any third-party website before completing a transaction.

Complaints or questions concerning third-party products and services should be directed to the relevant third-party provider.

SECTION 9 — OUR RELATIONSHIP WITH SHOPIFY

Our store is hosted on Shopify, which provides the e-commerce technology that allows us to offer the Services.

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

Shopify is not the seller of our products and is not responsible for:

The products you purchase;
Product quality or safety;
Product descriptions;
Shipping or delivery;
Returns or refunds;
Customer service disputes; or
Losses arising from your transaction with us.

To the maximum extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, losses, and liabilities arising from or connected with transactions made through our store.

SECTION 10 — PRIVACY AND PERSONAL INFORMATION

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

Certain personal information may also be processed in accordance with Shopify’s privacy practices.

Because our store is hosted through Shopify, information relating to your access and use of the Services may be collected, stored, processed, or shared by Shopify and relevant service providers.

Information submitted through our Services may be transferred to and processed in countries other than the country in which you reside.

By accessing or using our Services, you acknowledge that you have reviewed and understood our Privacy Policy.

SECTION 11 — FEEDBACK, REVIEWS, AND SUBMISSIONS

If you submit, upload, publish, email, message, or otherwise provide us with ideas, suggestions, reviews, photographs, videos, proposals, plans, comments, or other materials collectively referred to as “Feedback,” you grant us a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to:

Use;
Copy;
Reproduce;
Modify;
Adapt;
Publish;
Translate;
Distribute;
Display; and
Create derivative works from the Feedback.

We may use Feedback for purposes including operating, improving, advertising, marketing, and promoting our Services.

You represent and warrant that:

You own the Feedback or have permission to submit it;
Your Feedback does not violate another person’s rights;
Your Feedback is accurate and not misleading;
You have disclosed any compensation or incentive received in connection with the Feedback; and
Your Feedback complies with these Terms and applicable law.

We are not obligated to:

Keep Feedback confidential;
Pay compensation for Feedback;
Publish Feedback; or
Respond to Feedback.

We may monitor, edit, reject, or remove Feedback that we believe is unlawful, offensive, threatening, defamatory, obscene, misleading, or in violation of intellectual property rights or these Terms.

You may not use a false email address, impersonate another person, or misrepresent the source of Feedback.

You remain solely responsible for the content and accuracy of your submissions.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Information provided through the Services may occasionally contain typographical errors, inaccuracies, or omissions.

These may relate to:

Product descriptions;
Product images;
Prices;
Discounts;
Promotions;
Shipping charges;
Delivery estimates;
Product availability; or
Other information.

We reserve the right to correct errors, update information, change content, or cancel orders when information is inaccurate, including after an order has been submitted.

We are not required to update, amend, or clarify information except where required by applicable law.

SECTION 13 — PROHIBITED USES

You may use our Services only for lawful purposes.

You may not access or use the Services to:

Violate any international, federal, state, provincial, or local law;
Infringe our intellectual property rights or the rights of another party;
Harass, abuse, threaten, insult, defame, discriminate against, or harm another person;
Submit false, deceptive, or misleading information;
Upload viruses, malicious code, spyware, or harmful software;
Collect or track another person’s personal information without authorization;
Send spam, phishing messages, chain letters, or unsolicited promotions;
Impersonate another person, organization, employee, or representative;
Commit fraud or engage in unauthorized transactions;
Circumvent security or authentication measures;
Interfere with the operation or security of the Services;
Scrape, crawl, copy, or extract website content using automated systems;
Resell or commercially exploit any part of the Services without authorization;
Use bots, spiders, automated agents, data-mining tools, or similar systems to access the Services without permission; or
Engage in conduct that may expose us, Shopify, our partners, or other users to liability or harm.

We may suspend or terminate your access to the Services without notice if we believe that you have violated these Terms.

SECTION 14 — AUTOMATED AGENTS

This section applies when you use, authorize, enable, or deploy an automated or semi-automated software system to access or interact with our Services.

An “Agent” means software, technology, or a service that performs actions automatically or semi-automatically on behalf of a person or organization.

Agents may not access or interact with our Services unless they:

Clearly identify themselves as automated agents;
Accurately disclose the agent’s name;
Comply with all technical and access restrictions;
Do not imitate human activity to avoid detection;
Do not bypass CAPTCHA systems;
Do not conceal or misrepresent automated activity;
Respond truthfully to verification requests; and
Stop accessing the Services when instructed to do so.

Where technically applicable, automated HTTP or HTTPS requests should identify the agent through an appropriate user-agent string, such as:

Agent/MERLE ANNE IPSON

We may apply technical limitations or block an Agent’s access at any time.

SECTION 15 — TERMINATION

We may suspend or terminate these Terms, your account, or your access to all or part of the Services at any time where permitted by law.

You remain responsible for all amounts owed up to and including the date of termination.

Upon termination, provisions that by their nature should continue will survive, including provisions concerning:

Intellectual property;
Feedback;
Payment obligations;
Warranty disclaimers;
Limitations of liability;
Indemnification;
Governing law;
Dispute-related provisions; and
Privacy obligations.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information made available through the Services is provided for general informational purposes.

We do not guarantee that such information is complete, accurate, current, reliable, or suitable for every purpose.

Your reliance on information provided through the Services is at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
SATISFACTORY QUALITY;
DURABILITY;
TITLE; AND
NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

THE SERVICES WILL BE UNINTERRUPTED;
THE SERVICES WILL BE TIMELY;
THE SERVICES WILL BE SECURE;
THE SERVICES WILL BE ERROR-FREE;
DEFECTS WILL ALWAYS BE CORRECTED; OR
THE RESULTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE.

Some jurisdictions do not permit the exclusion of certain warranties. In such jurisdictions, these exclusions apply only to the extent permitted by law.

SECTION 17 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, [STORE NAME], OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SHOPIFY, AND SHOPIFY’S AFFILIATES WILL NOT BE LIABLE FOR ANY:

DIRECT DAMAGES;
INDIRECT DAMAGES;
INCIDENTAL DAMAGES;
SPECIAL DAMAGES;
PUNITIVE DAMAGES;
EXEMPLARY DAMAGES;
CONSEQUENTIAL DAMAGES;
LOSS OF PROFITS;
LOSS OF REVENUE;
LOSS OF SAVINGS;
LOSS OF BUSINESS;
LOSS OF DATA;
REPLACEMENT COSTS; OR
SIMILAR DAMAGES.

This limitation applies regardless of whether the claim is based on contract, negligence, tort, strict liability, statute, or another legal theory.

It applies to damages arising from:

Your use or inability to use the Services;
Products purchased through the Services;
Errors or omissions in content;
Unauthorized access to information;
Third-party conduct;
Shipping or delivery events; or
Any content, product, or service made available through the Services.

These limitations apply even if we have been advised that such damages may occur.

Where applicable law does not allow the exclusion or limitation of certain damages, our liability will be limited to the maximum extent permitted by law.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless [STORE NAME], Shopify, and our respective affiliates, partners, owners, directors, officers, employees, contractors, agents, licensors, suppliers, and service providers from claims, losses, damages, liabilities, judgments, penalties, and reasonable legal fees arising from:

Your breach of these Terms;
Your violation of applicable law;
Your violation of another person’s rights;
Your misuse of the Services; or
Content or Feedback submitted by you.

We may assume control of the defense and settlement of a claim at your expense.

You agree to reasonably cooperate with the defense of any covered claim.

We will not agree to a settlement imposing non-financial obligations on you without your reasonable consent.

SECTION 19 — SEVERABILITY

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

The unenforceable portion will be considered severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

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

These Terms, together with all policies, notices, and operating rules posted through the Services, constitute the entire agreement between you and us regarding your use of the Services.

They replace all prior or contemporaneous agreements, communications, discussions, and proposals, whether oral or written.

Any ambiguity in these Terms will not automatically be interpreted against the party responsible for drafting them.

SECTION 21 — ASSIGNMENT

You may not assign, transfer, delegate, or otherwise dispose of your rights or obligations under these Terms without our prior written consent.

Any unauthorized attempted assignment will be invalid.

We may assign, transfer, or delegate these Terms and our rights and obligations without prior notice or consent, including as part of a merger, sale, restructuring, or transfer of business assets.

SECTION 22 — GOVERNING LAW AND JURISDICTION

These Terms and any separate agreement under which we provide Services will be governed by and interpreted in accordance with the applicable laws of the jurisdiction in which Chealuxte maintains its principal place of business, without regard to conflict-of-law principles.

To the extent permitted by applicable law, you agree that disputes will be subject to the personal jurisdiction and venue of the competent courts located in that jurisdiction.

Nothing in this section limits any mandatory consumer protection rights that apply to you under the laws of your place of residence.