Terms of service
Overview
Welcome to BUDDHASOUL! “We,” “Us,” and “Our” refer to BUDDHASOUL. BUDDHASOUL 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 “Service”).
Section 1 - General Terms
By visiting our website and purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation, visitors, suppliers, customers, merchants, and content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the Site or use any Services. If these Terms of Service are considered an offer, your acceptance is limited to these Terms of Service.
Any features or tools added to the current store are subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website made available through the Service, without our express written permission.
Our store is powered by Shopify, which provides us with the online e-commerce platform that enables us to sell our products and services to you.
The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.
Section 2 - Accuracy, Completeness, and Timeliness of Information
We are not responsible if the information made available on this Site is inaccurate, incomplete, or not current. The material on this Site is provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Section 3 - Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and have obtained our consent to allow any of your minor dependents to use the Services on devices owned, purchased, or managed by you.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide on our store is correct, current, and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and all account activity. You may not transfer, sell, assign, or license your account to any other person.
You may not use our products or services for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You may not transmit any worms, viruses, or any other code of a destructive nature. A breach or violation of any of these Terms will result in the immediate termination of your Services.
Section 4 - Our Products
We have made every effort to display as accurately as possible the colors and images of the products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
Certain products or services may be available only online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We make no guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 5 - Orders
When you place an order, you are making an offer to purchase. BUDDHASOUL reserves the right to accept or reject your order for any reason in its sole discretion. Your order will not be accepted until BUDDHASOUL confirms its acceptance. We must receive and process your payment before we can accept your order. Please review your order carefully before submitting it, as BUDDHASOUL may not be able to process cancellation requests after your order has been accepted. If we do not accept, change, or cancel your order, we will attempt to notify you via the email, billing address, or phone number you provided when placing your order.
Items purchased by you may only be returned or exchanged in accordance with our Refund Policy.
You represent and warrant that the items you purchase are for personal or household use only and not for commercial resale or export.
Section 6 - Prices, Billing, and Services
Prices, discounts, and promotions are subject to change without notice. The price charged for products or services is the price in effect at the time the order is placed and will be listed in your order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, duties, or import fees.
Prices published in our online store may differ from prices in physical stores, online stores, or other stores operated by third parties. From time to time, we may offer promotions on our Services that may affect pricing and are subject to terms and conditions that are separate from these Terms. If the terms of a promotion conflict with these Terms, the terms of the promotion will control.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account or credit card, or orders that use the same billing and shipping addresses. If we make a change to or cancel an order, we may attempt to notify you by contacting the email or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are duly authorized to use the credit card for purchases; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the posted prices, including shipping and handling fees, and all applicable taxes (if any).
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Section 7 - Shipping and Delivery
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Title and risk of loss pass to you once we transfer the products to the carrier.
Section 8 - Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by BUDDHASOUL, its affiliates, or licensors and are protected by Chinese and foreign patent, copyright, and other intellectual property laws.
You may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other right under any patent, trademark, copyright, or other intellectual property right of BUDDHASOUL, Shopify, or any third party. Unauthorized use of the Services may violate intellectual property laws. BUDDHASOUL reserves all rights not expressly granted herein. The BUDDHASOUL name, logo, product and service names, designs, and slogans are trademarks of BUDDHASOUL or its affiliates or licensors. You may not use such trademarks without the prior written permission of BUDDHASOUL. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are trademarks of their respective owners.
Section 9 - Optional Tools
You may be granted access to customer tools provided by third parties as part of the Service, which we neither monitor nor control nor have any input into.
You acknowledge and agree that we provide such tools "as is" and "as available" without warranties, representations, or conditions of any kind and without liability. We assume no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.
We may also, in the future, offer new features through the Service (including the release of new tools and resources). Such new features shall also be considered part of the Service and subject to these Terms of Service.
Section 10 - Third-Party Links
Certain content, products, and services available through our Services may include materials from third parties.
Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not endorse and will not have any liability or responsibility for any third-party materials or websites, or for any other third-party materials, products, or services.
We are not responsible for any damages or losses arising from the purchase or use of goods, services, resources, content, or any other transactions made on or through any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 11 - User Comments, Feedback, and Other Submissions
If you submit certain specific submissions at our request (for example contest entries) or without a request from us, send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 12 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here. Certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your visits to and use of the Services in order to provide and improve the Services to you. Information you submit to the Services will be transferred to and shared with Shopify and third parties, which may be located in countries other than your country of residence, in order to provide you with the Services. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
Section 13 - Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website (including without limitation, pricing information), except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 14 - Prohibited Uses
You may access and use the Service only for lawful purposes. You are prohibited from accessing or using the Service, directly or indirectly: (a) for any illegal or malicious purpose; (b) to solicit others to perform or participate in any illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to transmit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may in any way affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, prank, pretext, spider, scrape, or crawl; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or of any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 15 - Disclaimer and Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We make no guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel it at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall BUDDHASOUL, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 16 - Indemnification
You agree to indemnify, defend and hold harmless BUDDHASOUL and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 17 - Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severable from these Terms of Service, such determination not affecting the validity and enforceability of any other remaining provisions.
Section 18 - Termination
The obligations and liabilities of the parties incurred prior to the termination date will survive any termination of this agreement.
These Terms of Service remain effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by discontinuing use of our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to the date of termination; and accordingly, we may deny you access to our Services (or any part thereof).
Section 19 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
Section 20 - Assignment
You may not delegate, transfer, or assign these Terms or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be void. We may assign, transfer, or delegate these Terms, and our rights and obligations, without your consent or notice.
Section 21 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
Section 22 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 23 - Contact Information
If you have any questions about these Terms of Service, please email hello@buddhaandsoul.com.
