Terms of service

Welcome to Aestkinder! The terms "we" and "our" refer to Aestkinder. We operate this store and website, including all related information, content, features, tools, products, and services, designed to provide you (the customer) with a carefully curated shopping experience (hereinafter referred to as "the Service"). Aestkinder is powered by Shopify, enabling us to deliver the aforementioned services.

The following specific terms of Service, and any policies referenced herein (the "Service Terms" or the "Terms") set forth your rights and responsibilities in connection with your use of the Service.

Please read these Terms of Service carefully, which contain important information about your legal rights, including warranty disclaimers and liability limits.

By accessing, interacting with, 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 policies, you should not use or access our services.

Section 1-Access rights and accounts

By agreeing to these Terms, you agree that you are at least the legal age of adulthood in your state or province of residence and that you agree that we allow any minor family member of yours to use our services on devices owned, purchased or managed by you.

To use our 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 and shipping information. You represent and warrant that all information provided in our store is accurate, complete, and up-to-date, and that you hold all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and all activities associated with your account. You may not transfer, sell, assign, or permit any third party to use your account.

Section 2-Our Products

We have made every effort to accurately display our products and services in our online store. However, please note that the actual colors or product appearance may differ from what you see on your screen due to variations in the device type used to access the store, as well as differences in your device settings and configurations.

We do not guarantee that the appearance or quality of any product or service you purchase will necessarily meet your expectations, nor do we guarantee that it will be exactly the same as the condition described or presented in our online store.

All product descriptions are subject to change without notice. We reserve the right to discontinue the supply of any products at any time and may limit the quantity of any products supplied to any person, geographic area or jurisdiction as the circumstances may require.

 Section 3-Orders

Your purchase order constitutes an offer to buy. My Store reserves the right to accept or reject your order for any reason. Your order is not accepted until confirmed by My Store. We must process your payment before accepting the order. Please check carefully before placing your order, as cancellation may not be possible once accepted. If we do not accept, modify, or cancel your order, we will notify you through the email address, billing address, and/or phone number provided during checkout.

Your purchase is subject to our refund policy [link] for returns and exchanges.

You represent and warrant that you purchase the products for personal or family use and not for any commercial resale or export purposes.

 Section 4-Pricing and billing

We reserve the right to modify prices, discounts, and promotional offers without prior notice. The prices applied for products or services are effective at the time of your order, with pricing details provided in your confirmation email. Unless otherwise specified, published prices do not include taxes, shipping fees, handling charges, customs duties, or import costs.

Prices displayed in our online store may differ from those offered by physical stores, third-party online platforms, or other retail channels. We may occasionally implement promotional offers that affect pricing for certain services, which are governed by separate terms and conditions independent of these provisions. In the event of any conflict between promotional terms and these agreement terms, the promotional terms shall prevail.

You agree to provide complete, accurate, and up-to-date purchase, payment, and account information for all transactions conducted through our store. You consent to timely updates of your account details and other information, including email address, credit card number, and expiration date, to facilitate transaction processing and ensure we can contact you when necessary.

You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are entitled to use the credit card for purchase transactions, (iii) your credit card company will bear the costs incurred by you, and (iv) you will pay for the costs incurred by you at the published price, including shipping and handling charges and all applicable taxes (if any).

Section 5-Delivery and distribution

We assume no liability for shipping or delivery delays. All delivery times are estimated and not guaranteed by us. We are not responsible for delays caused by factors beyond our control, including carrier operations, customs procedures, or other events beyond our control. Ownership and risk of loss will be transferred to you immediately upon we deliver the products to the carrier.

Section 6-Intellectual property

Our services, including but not limited to all trademarks, brands, words, displays, pictures, graphics, product reviews, video and audio, as well as related designs, selections and arrangements, are owned by My Store, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

This Agreement permits you to use the Services solely for non-commercial personal purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works, publicly display, operate, redistribute, download, store, or transmit any materials related to the Services. Unless expressly stated herein, nothing in this Agreement shall be construed as granting you any license or rights to the patents, trademarks, copyrights, or other intellectual property rights of My Store, Shopify, or any third parties. Unauthorized use of the Services may violate federal and state intellectual property laws. My Store reserves all rights not expressly granted herein.

The name, logo, product/service names, designs, and slogans of my store are trademarks of my store, its affiliates, or authorized parties. You may not use such trademarks without prior written permission from my store. The name, logo, product/service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product/service names, designs, and slogans in the service are trademarks of their respective owners.

 Section 7-Optional tools

As part of our services, you may be provided with access to third-party customer tools, which we do not monitor, control or interfere with.

You acknowledge and agree that we provide access to such tools "as is" when they are "available", without any warranties, representations or conditions, or endorsements. We shall not be liable for any use of optional third-party tools by you or in connection with them.

You use the optional tools provided through the Website at your own risk and at your own discretion, and you should ensure that you are familiar with and agree to the terms under which the tools provided by the relevant third-party provider are based.

We may also provide new features through the Service in the future (including the release of new tools and resources). These new features shall also be considered part of the Service and shall be governed by these Terms of Service.

Section 8-Third party links

Our services may include materials and website links provided or operated by third parties (including any embedded third-party features). We do not review or verify the content or accuracy of any third-party materials or websites you access. Should you choose to leave our platform and visit these external resources, you bear full responsibility for any risks arising from such actions.

We shall not be liable for any harm or damages arising from your access to third-party websites or purchases/uses of products/services/resources/content therefrom. Please carefully review the policies and practices of third parties to understand specific requirements before completing transactions. Complaints, claims, concerns, or issues related to third-party products/services should be addressed directly with the respective third parties.

 Section 9-Relationship with SHOPIFY

[Merchant Notice: This section accurately describes the relationship between Shopify and your store and should not be deleted or modified.]

My Store is powered by Shopify to deliver our services. However, all sales and purchases conducted through our platform are completed exclusively via My Store. By using these services, you expressly acknowledge and agree that Shopify shall not be held liable for any transactions between you and My Store, including any damages, injuries, or losses arising from products or services purchased through this platform. You hereby expressly release Shopify and its affiliates from all claims, liabilities, and debts related to transactions and dealings between you and My Store.

Section 10-Privacy Policy

All personal information we collect through our services is governed by our Privacy Policy, which can be viewed here [link]. Certain personal information may be governed by Shopifys Privacy Policy, which can be viewed here. By using the Services, you agree that you have read these privacy policies.

As the service is hosted by Shopify, we collect and process your personal information regarding your access and use of the service to provide and improve it. Information you submit to the service will be transmitted to Shopify and shared with third parties located in countries/regions outside your location to deliver the service. Please review our Privacy Policy [link] for details on how we, Shopify, and our partners use your personal information.

 Section 11-Feedback

By submitting, uploading, publishing, emailing, or otherwise transmitting any ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively "Feedback"), you hereby grant us a worldwide royalty-free license that is sublicensable. This license authorizes us to use, copy, modify, publish, distribute, and display such Feedback on any media for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, enhance, improve, and promote services, as well as fulfill and exercise our obligations and rights under these Terms of Service.

You further represent and warrant that: (i) You own or have all rights necessary to submit all feedback; (ii) You have disclosed any compensation or rewards received for submitting the feedback; and (iii) Your feedback will comply with these terms. We, now and in the future, shall not be obligated to (1) maintain confidentiality of your feedback; (2) provide compensation for your feedback; or (3) respond to your feedback.

We may, but are not obligated to monitor, edit or delete feedback that we unilaterally believe is illegal, offensive, threatening, defamatory, slanderous, pornographic, obscene or otherwise objectionable or contrary to the intellectual property of either party or these Terms of Service.

You agree that your feedback will not infringe upon any third partys rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further consent that your feedback will not contain defamatory or other illegal, abusive, or obscene content, nor will it include computer viruses or malware in any form that could affect the operation of the service or related websites. You must not use false email addresses, impersonate others, or otherwise mislead us or third parties regarding the source of any feedback. You assume full responsibility for the accuracy of all feedback you submit. We shall not be liable for any feedback posted by you or any third party.

 Section 12-errors, inaccuracies and omissions

In rare cases, there may be typographical errors, inaccuracies, or omissions in the information provided regarding services or products within them, including details such as pricing, promotions, shipping costs, delivery timelines, and availability. We reserve the right to correct any inaccuracies, omissions, or errors without prior notice, as well as to modify, update, or cancel orders (including after you place an order).

 Article 13-Prohibition of use

You may access and use the services solely for legitimate purposes. You must not access or use the services for any of the following purposes, directly or indirectly: (a) For illegal or malicious purposes; (b) In violation of any international, federal, provincial, or state laws, regulations, rules, or local ordinances; (c) To infringe upon or damage the intellectual property rights of us or third parties; (d) To harass, insult, defame, slander, or otherwise harm our employees or any other individuals; (e) To transmit false or misleading information; (f) To send, knowingly receive, upload, download, use, or reuse any materials that violate these terms; (g) To transmit or facilitate the transmission of advertisements or promotional materials, including spam, chain letters, mass spam, or similar deceptive tactics; (h) To impersonate or attempt to impersonate any other individual or entity; or (i) To engage in any other acts that restrict or prohibit others from using or enjoying the services, or that we determine may harm my Store, Shopify, or service users, or hold them liable.

Furthermore, you agree not to engage in the following activities: (a) Uploading or transmitting viruses or any other malicious code that may affect the functionality or operation of the Service; (b) Copying, duplicating, selling, reselling, or exploiting any part of the Service; (c) Collecting or tracking others personal information; (d) Sending mass spam emails, conducting phishing attacks, bait-and-switch scams, pretext fraud, web scraping, or data extraction; or (e) Interfere with or bypass the security features of the Service, any related websites, or other internet platforms. We reserve the right to suspend, disable, or terminate your account at any time without prior notice, upon determining that you have violated these terms.

 Section 14-Termination

We may terminate this Agreement or your access to the Services (or any part of the Services) at our discretion at any time without notice, and you shall still be liable for all amounts payable prior to the termination date (including the date of the termination).

The following terms shall continue to apply after any termination: intellectual property, feedback, termination, disclaimer, limitation of liability, indemnity, divisibility, waiver; complete Agreement, assignment, applicable law, privacy policy, and any other terms that by their nature should continue to apply after a termination.

 Section 15-Disclaimer

Information provided through or in connection with our services is intended solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of such information. You accept all risks associated with trusting this information. We shall not be held liable for any trust placed in this material by you, other visitors to the service, or any third parties who may access it.

Unless expressly stated by my store, all services and products provided through the service are offered "as is" and "when available" for your use without any express or implied warranties, representations, or conditions, including implied warranties or conditions regarding merchantability, fit for a particular purpose, durability, title, or non-infringement. We do not warrant, represent, or guarantee that your use of the service will be uninterrupted, timely, secure, or error-free. Certain jurisdictions restrict or prohibit the publication of disclaimers regarding implied or other warranties, so the above disclaimer may not apply to you.

 Section 16-Limitation of liability

To the fullest extent permitted by law, under no circumstances shall my store, our partners, directors, managers, employees, subsidiaries, agents, contractors, service providers, licensors, or SHOPIFY and its affiliates be liable for any injury, loss, claim, or any type of direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to loss of profits, revenue, savings, data, replacement costs, or similar damages. This liability applies whether based on contract, tort (including negligence), strict liability, or arising from your use of any services or products purchased through them, or any other claims related to your use of services or products. This includes, but is not limited to, any errors or omissions in content, or any losses or damages resulting from using services or distributing, transmitting, or otherwise providing content (or products) through services, even if you were informed of the potential occurrence of such circumstances.

 Section 17-Reimbursement

You agree to protect, maintain, and indemnify my store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, debts, or claims (including reasonable attorney fees) arising from or related to: (1) Your breach of these Terms or referenced documents herein; (2) Your violation of applicable laws or infringement of third-party rights; or (3) Your access to and use of the services.

We will notify you of any compensable claims. Failure to provide timely notification will not exempt you from liability unless it causes significant harm. We may control the defense and resolution of such claims, with costs borne by you, including attorney fees. However, we will not resolve any claims requiring non-monetary obligations without your consent (without unjustified refusal). You will be required to cooperate in defending against compensable claims, including providing relevant documentation.

 Section 18-Divisibility

If any provision of these Terms of Service is found to be illegal, invalid or unenforceable, such provision shall still be enforced to the maximum extent permitted by applicable law and the unenforceable portion shall be deemed to be separate from these Terms of Service and such decision shall not affect the validity and enforceability of any remaining provisions.

Section 19 – Waiver; Full Agreement

Our failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such rights or provisions.

These Terms of Service, along with any policies or operational rules we publish on this website or related to the Services, constitute your complete agreement and understanding with us governing your use of the Services. This constitutes a superseded version of any prior oral or written agreements, communications, or advice you may have entered into with us (including but not limited to any earlier versions of these Terms of Service), whether prior or contemporaneous with this Agreement.

In the event of any ambiguity in these Terms and Conditions, no interpretation unfavorable to the drafter shall be made.

 Section 20-Assignment

You may not delegate, assign, or transfer this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt shall be deemed invalid. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or prior notice.

 Section 21-Applicable Law

These Terms of Service and any separate agreements under which we provide you with services shall be governed by and construed in accordance with the laws of the jurisdiction where My Store is incorporated. You and My Store agree to accept the territorial and personal jurisdiction of such courts.

 Section 22-Title

The headings used in this Agreement are for convenience of reading and shall not limit or otherwise affect these Terms.

 Article 23-Changes to the Terms of Service

You can check the latest version of the terms of service here at any time.

We reserve the right to update, modify, or replace any part of these Terms of Service through our website. You are responsible for regularly checking our website to stay informed about potential changes. We will notify you when significant amendments occur in these terms in accordance with applicable laws, with such changes taking effect on the date specified in the notice. By continuing to use or access the service after any changes to these Terms of Service have been published, you agree to accept these modifications.

 Section 24-Contact information

Questions relating to these Terms of Service should be sent to service@aestkinder.com or contact us (213)268-5821.