Terms of service
OVERVIEW
Welcome to Ekspira. Throughout these Terms of Service, the terms “we,” “us,” and “our” refer to Ekspira.
Ekspira operates this website, including all information, content, features, tools, products, and services available through it (collectively, the “Services”) to provide you with a personalized shopping experience. Our store is powered by Shopify, which enables us to provide the Services.
These Terms of Service (“Terms”), together with any policies referenced herein, govern your access to and use of the Services and explain your rights and responsibilities when using our website.
Please read these Terms carefully, as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.
By accessing, browsing, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you must not access or use our Services.
SECTION 1 – ACCOUNT & ACCESS
By agreeing to these Terms, you represent that you are at least the age of majority in your country, state, or province of residence, or that you have given consent for any minor dependents under your supervision to use the Services.
To access certain features of the Services, including placing an order, you may be required to provide information such as your name, email address, billing address, shipping address, and payment details.
You agree that all information you provide is accurate, current, and complete, and that you have the legal right to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Your account may not be assigned, transferred, or sold to another person.
SECTION 2 – PRODUCTS
We make every reasonable effort to display our products as accurately as possible. However, actual colors and product appearance may vary depending on your device, screen settings, and display configuration.
We do not guarantee that the appearance of any product displayed on the Website will exactly match the product you receive.
All product descriptions, pricing, specifications, availability, and other information are subject to change without prior notice at our sole discretion.
We reserve the right to discontinue any product at any time and to limit the quantities of any product offered to any customer, geographic region, or jurisdiction.
SECTION 3 – ORDERS
By placing an order, you submit an offer to purchase our products.
Ekspira reserves the right to accept or decline any order at its sole discretion.
Your order is not considered accepted until payment has been successfully processed and you receive an order confirmation from us.
Please review your order carefully before completing your purchase, as cancellation requests may not be possible once an order has been processed.
If we cancel, modify, or are unable to fulfill your order, we will attempt to notify you using the email address, billing information, or telephone number provided at checkout.
Returns and refunds are governed exclusively by our Return & Refund Policy.
You represent that any products purchased are intended for your personal use only and not for resale or export.
SECTION 4 – PRICING & BILLING
Prices, discounts, and promotions may change without prior notice.
The price charged will be the price displayed at the time your order is placed and will be confirmed in your order confirmation email.
Unless otherwise stated, prices do not include applicable taxes, customs duties, import fees, shipping charges, or handling fees.
Prices displayed on our Website may differ from prices offered through third-party marketplaces or promotional campaigns.
You agree to provide accurate, complete, and current billing, payment, and account information for all purchases made through our Services.
You further represent and warrant that:
- the payment information you provide is accurate and authorized;
- you are legally authorized to use the selected payment method;
- all charges incurred will be honored by your payment provider; and
- you will pay all applicable charges, including taxes and shipping fees where applicable.
SECTION 5 – SHIPPING & DELIVERY
Estimated delivery times are provided for convenience only and are not guaranteed.
Ekspira is not responsible for shipping delays caused by carriers, customs authorities, weather conditions, force majeure events, or other circumstances beyond our reasonable control.
Ownership of and risk of loss for products pass to the customer once the order has been handed over to the shipping carrier.
SECTION 6 – INTELLECTUAL PROPERTY
All content available through the Services—including, but not limited to, trademarks, logos, product names, text, graphics, photographs, videos, audio, product descriptions, website design, layout, and software—is owned by or licensed to Ekspira and is protected by applicable copyright, trademark, intellectual property, and other laws.
You may use the Services solely for your personal, non-commercial use.
You may not reproduce, copy, distribute, modify, publish, transmit, create derivative works from, publicly display, or otherwise exploit any content without our prior written permission.
Nothing contained in these Terms grants you any ownership rights or license to any intellectual property belonging to Ekspira, Shopify, or any third party.
All rights not expressly granted are reserved.
SECTION 7 – OPTIONAL THIRD-PARTY TOOLS
We may provide access to third-party tools or services that we neither monitor nor control.
These tools are provided “as is” and “as available”, without warranties or endorsements of any kind.
Your use of any third-party tools is entirely at your own risk, and you should review the applicable terms and conditions provided by the respective third-party provider.
Any future features or services introduced by Ekspira shall also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Our Services may include links to third-party websites, products, or services.
We are not responsible for reviewing or evaluating the content, accuracy, or practices of third-party websites and assume no responsibility or liability for any third-party materials or services.
Your interactions with third-party websites are governed solely by their own terms and privacy policies.
SECTION 9 – SHOPIFY RELATIONSHIP
Our store is powered by Shopify, which provides the e-commerce platform that enables us to sell our products and services.
However, all purchases made through this Website are transactions solely between you and Ekspira.
By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of your purchase, including any claims, losses, damages, or disputes arising from transactions with Ekspira.
SECTION 10 – PRIVACY POLICY
Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, store, and protect your personal information.
Because our store is hosted by Shopify, certain information may also be processed by Shopify in accordance with Shopify’s own Privacy Policy.
Please review both policies before using our Services.
SECTION 11 – FEEDBACK
If you submit comments, ideas, suggestions, reviews, testimonials, or other feedback to Ekspira, you grant us a worldwide, perpetual, royalty-free, irrevocable license to use, reproduce, modify, publish, and distribute such feedback for any lawful business purpose without compensation.
You represent that your feedback does not violate the rights of any third party and does not contain unlawful, defamatory, abusive, or malicious material.
We reserve the right, but not the obligation, to remove any content that violates these Terms or applicable laws.
SECTION 12 – ERRORS & INACCURACIES
Occasionally, information on our Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, availability, or other information.
We reserve the right to correct any errors, update information, or cancel orders if any information is inaccurate, with or without prior notice, including after an order has been submitted.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any unlawful, fraudulent, or malicious purpose;
(b) to violate any applicable local, state, provincial, national, or international law, regulation, or ordinance;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, defame, threaten, intimidate, discriminate against, or otherwise harm any person;
(e) to submit false, misleading, or deceptive information;
(f) to upload, transmit, distribute, or otherwise use any material that violates these Terms;
(g) to transmit unsolicited promotional materials, spam, chain letters, junk mail, or similar communications;
(h) to impersonate any person or entity or falsely represent your affiliation with any person or entity; or
(i) to engage in any conduct that interferes with or restricts another person’s use of the Services or that may damage, disable, overburden, or impair the Services, Ekspira, Shopify, or other users.
Additionally, you agree not to:
- upload or transmit viruses, malware, or other harmful code;
- reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our written permission;
- collect or track personal information belonging to others;
- engage in phishing, pharming, scraping, spamming, or similar activities;
- use bots, spiders, automated scripts, artificial intelligence agents, or other automated tools to access or interact with the Services without our prior written authorization; or
- interfere with or circumvent any security measures or access restrictions implemented by us.
We reserve the right to suspend or terminate your access to the Services at any time if we reasonably believe you have violated these Terms.
SECTION 14 – AUTOMATED AGENTS
These provisions apply if you use, authorize, or deploy any automated software, artificial intelligence system, bot, crawler, or similar technology (“Agent”) to access or interact with the Services.
Agents must clearly identify themselves whenever interacting with the Services and must not attempt to disguise automated activity as human activity.
We reserve the right to restrict, block, or prohibit automated access to the Services at our sole discretion and may implement technical measures to detect and prevent unauthorized automated activity.
SECTION 15 – TERMINATION
We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law.
Termination does not affect any rights or obligations that arose prior to termination.
The following provisions shall survive termination:
- Intellectual Property
- Feedback
- Warranty Disclaimer
- Limitation of Liability
- Indemnification
- Governing Law
- Privacy Policy
- Any provision that by its nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information available through our Services is provided for general informational purposes only.
Although we make reasonable efforts to ensure accuracy, we do not guarantee that all information is complete, accurate, reliable, or current.
Except where prohibited by applicable law, the Services and all products are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, durability, and non-infringement.
We do not warrant that the Services will operate without interruption, be secure, or be free from errors or harmful components.
Nothing in this section limits any mandatory consumer rights that cannot legally be excluded under applicable law.
SECTION 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Ekspira, its directors, officers, employees, affiliates, contractors, service providers, licensors, and Shopify shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including loss of profits, revenue, data, business opportunities, or goodwill arising out of or relating to your use of the Services or any products purchased through the Services.
Where applicable law does not permit certain limitations of liability, those limitations shall apply only to the maximum extent permitted by law.
Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Ekspira, Shopify, and their respective affiliates, directors, officers, employees, contractors, licensors, and service providers from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:
- your breach of these Terms;
- your violation of applicable law;
- your infringement of the rights of any third party; or
- your misuse 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 fullest extent permitted by law, and the remaining provisions shall remain in full force and effect.
SECTION 20 – ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, Return & Refund Policy, Shipping Policy, and any other policies published on this Website, constitute the entire agreement between you and Ekspira regarding your use of the Services and supersede all prior agreements or communications.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
SECTION 21 – ASSIGNMENT
You may not assign or transfer any rights or obligations under these Terms without our prior written consent.
Ekspira may assign or transfer these Terms, in whole or in part, without restriction.
SECTION 22 – GOVERNING LAW
These Terms shall be interpreted and enforced in accordance with the laws applicable to the business entity operating Ekspira, except where mandatory consumer protection laws in your country, state, or region of residence provide greater protection.
Nothing in these Terms limits or excludes any mandatory rights granted to consumers under applicable law.
SECTION 23 – HEADINGS
The headings used in these Terms are provided for convenience only and shall not affect the interpretation of any provision.
SECTION 24 – CHANGES TO THESE TERMS
We reserve the right to modify or update these Terms at any time.
Any changes will become effective immediately upon publication on this Website unless otherwise required by applicable law.
Your continued use of the Services after any changes are posted constitutes your acceptance of the updated Terms.
SECTION 25 – CONTACT INFORMATION
If you have any questions regarding these Terms of Service, please contact us:
Ekspira
Email: ekspira@startmail.com