Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to AVELIX!

The terms “we,” “us,” and “our” refer to AVELIX. AVELIX 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”).

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

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, 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 of Service or our Privacy Policy, you should not use or access the 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 or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the 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 is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the device, display settings, or configuration you use.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they are depicted or rendered in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion.

We reserve the right to discontinue any product at any time and may limit the quantities of products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase.

AVELIX reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until AVELIX confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as AVELIX may be unable to accommodate cancellation requests after an order has been accepted or entered processing.

If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.

Your purchases are subject to returns and refunds in accordance with our Return and Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for unauthorized commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect when the order is placed and will be listed in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, or import charges.

Prices posted in our online store may differ from prices offered by third parties or through other sales channels.

We may offer promotions that affect pricing and that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You agree to promptly update your account and payment information as needed so that we can complete transactions and contact you when necessary.

You represent and warrant that:

  1. The payment information you provide is true, correct, and complete.

  2. You are authorized to use the payment method provided.

  3. Charges incurred by you will be honored by your payment provider.

  4. You will pay all charges incurred at the posted prices, including applicable shipping, handling, and taxes.

SECTION 5 – SHIPPING AND DELIVERY

Shipping and delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, weather, customs processing, holidays, or other events outside our reasonable control.

Please review our Shipping Policy for current information regarding processing times, estimated delivery times, and available shipping destinations.

Once products are transferred to the applicable carrier, delivery is subject to that carrier’s operations and service conditions.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by AVELIX, its affiliates, or its licensors and are protected by applicable U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except as otherwise permitted by law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property belonging to AVELIX, Shopify, or any third party.

Unauthorized use of the Services may violate federal, state, or other applicable intellectual property laws.

All rights not expressly granted herein are reserved.

AVELIX names, logos, product and service names, designs, and slogans are the property of AVELIX or its applicable licensors. You may not use them without prior written permission.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs, and slogans appearing through the Services are the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided access to customer tools offered by third parties as part of the Services that we do not monitor and over which we may have no control or input.

You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations, conditions, or endorsements of any kind.

We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should familiarize yourself with and approve the terms under which those tools are provided by the applicable third-party provider.

We may also offer new features through the Services in the future. Such new features shall also be considered part of the Services and subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials or hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content made available through third parties.

Please carefully review third-party policies and practices before engaging in a transaction.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

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

However, any sales and purchases you make through our store are made directly with AVELIX.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and AVELIX, including any injury, damage, or loss resulting from purchased products or services.

You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with AVELIX to the extent permitted by applicable law.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have had the opportunity to review these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information submitted through the Services may be transmitted to and shared with Shopify and other third-party service providers, including providers that may operate in countries other than your country of residence, as necessary to provide the Services.

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

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for purposes related to operating, providing, evaluating, improving, and promoting the Services.

You represent and warrant that:

  1. You own or have all necessary rights to the Feedback.

  2. You have disclosed any compensation or incentives received in connection with your submission.

  3. Your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, provide compensation for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine violates these Terms or applicable law.

You agree that your Feedback will not violate any right of a third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of Feedback.

You are solely responsible for the Feedback you submit and its accuracy.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted, subject to applicable law.

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

  1. For any unlawful or malicious purpose.

  2. To violate applicable international, federal, state, provincial, or local laws or regulations.

  3. To infringe upon our intellectual property rights or those of others.

  4. To harass, abuse, insult, harm, defame, intimidate, or unlawfully discriminate against another person.

  5. To transmit false or misleading information.

  6. To transmit material that does not comply with these Terms.

  7. To transmit unsolicited advertising, spam, junk mail, chain letters, or similar solicitations.

  8. To impersonate another person or entity.

  9. To engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that may harm AVELIX, Shopify, or users of the Services.

You also agree not to:

  1. Upload or transmit viruses or malicious code.

  2. Reproduce, duplicate, copy, extract, sell, resell, or exploit any unauthorized portion of the Services.

  3. Unlawfully collect or track personal information belonging to others.

  4. Spam, phish, pharm, pretext, or engage in similar deceptive activities.

  5. Use robots, spiders, scraping tools, automated data-gathering tools, or other unauthorized means to access the Services.

  6. Interfere with, bypass, or circumvent security or authorization features or measures used to restrict access to the Services.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 – AGENTS

This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services.

“Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of or at the instruction of a person or entity and can act without direct supervision.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with applicable requirements.

We may limit, including through technical measures, whether and how Agents access, use, and interact with the Services.

Agents must:

  1. Truthfully identify themselves as automated systems where required.

  2. Not conceal or intentionally misrepresent automated activity as human activity.

  3. Not circumvent CAPTCHAs or other measures intended to distinguish automated activity from human activity.

  4. Respond truthfully to questions intended to determine whether interactions originate from a human or computer.

  5. Not circumvent measures intended to block, limit, modify, or control automated access to the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, in our sole discretion, subject to applicable law.

You will remain liable for all amounts properly due through the date of termination.

Sections that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, feedback, disclaimers, limitation of liability, indemnification, severability, governing law, and privacy.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented on or through the Services is provided for general information purposes.

We do not warrant the accuracy, completeness, or usefulness of information made available through the Services.

Any reliance you place on such information is at your own risk to the extent permitted by applicable law.

EXCEPT AS EXPRESSLY STATED BY AVELIX AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVELIX, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, IN WHICH CASE THE ABOVE LIMITATIONS WILL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless AVELIX, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to third parties arising from:

  1. Your breach of these Terms of Service or documents incorporated by reference.

  2. Your violation of applicable law or the rights of a third party.

  3. Your misuse of the Services.

We will provide notice of an indemnifiable claim as reasonably practicable. A failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced.

You agree to reasonably cooperate in the defense of applicable claims.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law.

Any unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

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

These Terms of Service and any policies or operating rules posted by us regarding the Services constitute the entire agreement and understanding between you and us concerning your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals relating to the same subject matter.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent, and any unauthorized attempt to do so may be void.

We may transfer, assign, or delegate our rights and obligations under these Terms as permitted by applicable law.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide you Services shall be governed by and construed in accordance with applicable law.

To the extent permitted by law, disputes relating to these Terms shall be resolved in the courts having appropriate jurisdiction where AVELIX is headquartered.

Nothing in this section limits any rights that cannot lawfully be waived under applicable consumer protection laws.

SECTION 23 – HEADINGS

Headings used in these Terms are included for convenience only and will not limit or otherwise affect the meaning or interpretation of these Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE

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

We reserve the right, in our sole discretion, to update, change, or replace any portion of these Terms by posting updates and changes to our website.

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

Your continued use of or access to the Services after changes take effect constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service, orders, returns, or other customer service matters may be sent to:

cjm.support@gmail.com

AVELIX
Mesa, Arizona, United States