Terms & Conditions
This website is managed by Restoratyv. Throughout the site, the terms "we", "us" and "our" refer to Restoratyv. Restoratyv provides this website, including all information, tools and services available on this site, to you, the user, subject to your acceptance of all conditions, policies and notices set forth herein.
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 of the terms of this agreement, you may not access the website or use any services. If these Terms of Service are deemed to be an offer, your acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current Shop are also subject to the Terms of Service. You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use or access of the website following the posting of changes constitutes acceptance of those changes.
Our store is hosted on the Shopify Inc. website, which provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - TERMS AND CONDITIONS OF THE ONLINE STORE
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, or have reached the age of majority in your state or province of residence and have given us your consent to allow any minor in your care to use this site.
You may not use our products for any illegal or unauthorized purpose, and you may not, in using the Service, violate any laws of your jurisdiction (including, but not limited to, copyright laws).
You may not transmit any worms or viruses or any code of a destructive nature.
A violation or breach of any of the Terms will result in immediate termination of your services.
SECTION 2 - TERMS AND CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your Content (except for credit card information), may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The sections used in this Agreement are included for convenience only and do not limit or otherwise affect these terms and conditions.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information provided on this site is not accurate, complete or current. The material on this site is provided for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Any use of the information on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - SERVICE AND PRICE CHANGES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online on the Site. These products or services may have limited quantities and can only be returned or exchanged in accordance with our return policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic area 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 prices are subject to change at any time and without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offer made on this site is void where prohibited.
We do not warrant that the quality of products, services, information or other materials purchased or obtained by you will meet your expectations, nor do we warrant that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at 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, credit card, and/or orders that use the same billing and/or shipping address. If an order is changed or cancelled, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, dealers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
For more details, please see our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may give you access to third-party tools that we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranty, representation or condition of any kind and without any approval. We shall have no liability whatsoever arising out of or in connection with your use of any optional third party tools.
Any use by you of the optional tools offered by the Site is entirely at your own risk and you must ensure that you are aware of and agree to the terms and conditions on which the tools are provided by the applicable third party vendor(s).
SECTION 8 - LINKS WITH THIRD PARTIES
Certain content, products and services available through our service may include materials from third parties.
Third party links on this 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 we do not guarantee and shall have no responsibility or liability 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 injury related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with third party websites. Please carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transaction. Any complaints, claims, concerns or questions regarding third party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or if, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, 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 the Comments you send to us in any medium. We are not and will not be obligated to (1) keep the Comments confidential, (2) pay compensation for the Comments, or (3) respond to the Comments.
You agree that your comments do not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You also agree that your Comments do not contain defamatory or otherwise unlawful, abusive or obscene material, or contain computer viruses or other malicious software that could in any way affect the operation of the Service or any linked website. You may not use a false e-mail address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility for comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Information on our site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or on any linked website is inaccurate, at any time without notice (including after you submit your order).
We do not undertake to update, modify or clarify any information in the Service or on any linked website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any linked website shall be deemed to indicate that all information in the Service or on any linked website has been changed or updated.
SECTION 12 - PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any local, international, federal, provincial or state regulations, rules, laws or ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others ; (e) to harass, abuse, insult, harm, defame, libel, slander, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability ; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any manner that will affect the functionality or operation of the Service or any other website, or the Internet ; (h) to collect or track the personal information of others; (i) for spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any other website, or the Internet. We reserve the right to terminate your use of the Service or any linked website for violation of any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant 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 discontinue the Service for an indefinite period of time or cancel the Service at any time without notice.
You expressly agree that your use or inability to use the Service is at your own risk. The Service and all products and services provided to you through the Service are (unless we expressly state otherwise) provided to you "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Restoratyv, its directors, officers, employees, affiliates, agents, subcontractors, trainees, suppliers, service providers or licensors be liable for any direct, indirect, incidental, punitive, special or consequential injury, loss, claim or damage of any kind, including but not limited to loss of profits, revenues, savings, data, replacement costs or any other similar damages, whether based in contract, tort (including negligence), any and all liability, strict or otherwise, arising out of your use of the service or any product obtained through the use of the service, or for any other claim relating 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 your use of the service or any content (or product) posted, transmitted or otherwise made available through the service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or indirect damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Restoratyv and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation 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 15 - SEVERABILITY
SECTION 16 - TERMINATION
The obligations and liabilities of the parties entered into prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms of Service are in effect until terminated by 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 when you stop using our site.
If, in our sole judgment, you fail to comply, or we suspect that you are failing to comply, with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or as a result, we may deny you access to our services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
SECTION 18 - APPLICABLE LAW
SECTION 19 - CHANGES TO THE TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms of service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
If you receive a promotional offer subsequent to your purchase, you cannot, of course, claim a refund of the difference between the amount paid for the product and the amount offered as part of the promotion.
SECTION 21 - PACKAGING
If the box or the packaging or branding of the product received is different from the images on the site, it means that the supply of the box or the product is insufficient. Therefore, we make sure that the product is in good condition to arrive at its destination, we use a white box or product instead which is similar to the original images posted on the website. We are not responsible and the product or box can't be returned and refunded based on that change which has no effect on the product's quality and use.
SECTION 22 - PROMOTIONAL OFFER