Terms of service

Terms of Service

Overview

Welcome to Kindlebury. The terms “we”, “us” and “our” refer to Kindlebury. Kindlebury operates this store and website, including all related information, content, features, tools, products and services, in order to provide you with a curated shopping experience.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use our website, store, products, and 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 website and 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 our website or 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, province, or country of residence, or that you have given consent for any minor dependents under your care to use our website and services.

To use certain parts of our website or to make a purchase, you may be asked to provide information such as your name, contact details, billing information, payment information, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete.

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We make every effort to display and describe our products as accurately as possible. However, product appearance, packaging, colors, or presentation may vary depending on your device screen, settings, lighting, or other factors.

We do not warrant that the appearance, quality, or suitability of any product purchased will meet your expectations exactly or be identical to how it appears on our website.

All product descriptions, pricing, availability, and other details are subject to change at any time without notice. We reserve the right to modify, discontinue, or limit the availability of any product at our sole discretion.

Section 3 - Orders

When you place an order, you are making an offer to purchase the selected product or service. Kindlebury reserves the right to accept or decline any order for any reason at our discretion.

Your order is not accepted until we confirm acceptance and process your payment. Please review your order carefully before submitting it, as we may not be able to accommodate cancellation or amendment requests once an order has been accepted or processed.

If we need to make a change to, decline, or cancel an order, we may attempt to notify you using the contact information provided at the time of order.

Your purchases are subject to our Return & Refund Policy.

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

Section 4 - Prices and Billing

Prices, discounts, offers, and promotions are subject to change without notice. The price charged for a product or service will be the price displayed at the time your order is placed, unless otherwise stated.

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

We may offer promotions from time to time. Such promotions may be subject to separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will apply.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our website. You also agree to promptly update your account and payment information where necessary so that we can complete your transactions and contact you as needed.

You represent and warrant that any payment information you provide is true, correct, and complete, that you are authorized to use the payment method provided, and that you will pay all charges incurred by you, including any applicable taxes, shipping fees, and handling charges.

Section 5 - Shipping and Delivery

Delivery times are estimates only and are not guaranteed. We are not responsible for shipping or delivery delays caused by shipping carriers, customs processing, incorrect shipping information, failed delivery attempts, or events outside our reasonable control.

Once an order has been handed over to the shipping carrier, the risk of loss or damage may pass to you, subject to applicable laws and carrier policies.

Please ensure that your shipping details are accurate before completing your order. We are not responsible for failed deliveries or delays caused by incorrect or incomplete shipping information provided by you.

Section 6 - Intellectual Property

Our website and services, including but not limited to trademarks, brand names, logos, text, images, graphics, videos, product reviews, layout, design, and other content, are owned by Kindlebury, its affiliates, licensors, or relevant third parties, and are protected by applicable intellectual property laws.

These Terms permit you to use our website and services for personal, non-commercial use only. You must not reproduce, distribute, modify, copy, republish, download, store, transmit, display, or exploit any part of our website or content without our prior written consent.

Nothing in these Terms grants you any right, title, or interest in Kindlebury’s intellectual property or the intellectual property of Shopify or any third party.

Kindlebury’s name, logo, product names, designs, and slogans are trademarks or brand assets of Kindlebury or its licensors. You must not use them without prior written permission.

Section 7 - Optional Tools

We may provide you with access to tools, features, or services offered by third parties. These tools are provided for convenience and may be operated by third-party providers.

You acknowledge and agree that such tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind. We do not monitor, control, or endorse these third-party tools and shall not be liable for your use of them.

Your use of any optional third-party tools is entirely at your own risk and discretion. You should review and understand the terms provided by the relevant third-party provider before using such tools.

We may also introduce new features, tools, or resources in the future. These will also be subject to these Terms of Service.

Section 8 - Third-Party Links

Our website may contain links to third-party websites, services, content, or resources. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of any third-party websites or services.

If you access third-party links, you do so at your own risk. We are not liable for any harm, loss, or damages related to your access to or use of third-party websites, products, services, or content.

Please review third-party policies carefully before engaging in any transaction or providing any personal information. Any complaints, claims, or concerns regarding third-party products or services should be directed to the relevant third party.

Section 9 - Relationship with Shopify

Kindlebury is powered by Shopify, which enables us to provide our online store and related services to you. However, any sales and purchases made through our store are made directly with Kindlebury.

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

You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Kindlebury.

Section 10 - Privacy Policy

All personal information we collect through our website and services is subject to our Privacy Policy. By using our website and services, you acknowledge that you have read and understood our Privacy Policy.

Because our store is hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of our website and services in order to provide and improve the services. Information you submit may be transmitted to Shopify and other third-party service providers that help us operate our store, process payments, fulfill orders, and provide customer support.

Please review our Privacy Policy for more information on how we collect, use, disclose, and protect your personal information.

Section 11 - Feedback

If you submit, upload, post, email, or otherwise provide any ideas, suggestions, feedback, reviews, proposals, plans, or other content to us, you grant us a worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such feedback in any medium for any purpose, including commercial use.

You represent and warrant that you own or have the necessary rights to provide such feedback, that your feedback does not violate any third-party rights, and that it complies with these Terms.

We are not obligated to keep feedback confidential, pay compensation for feedback, or respond to feedback.

We may, but are not obligated to, monitor, edit, or remove feedback that we determine to be unlawful, offensive, misleading, defamatory, obscene, harmful, or otherwise objectionable.

You are solely responsible for any feedback you provide and its accuracy. We assume no liability for feedback submitted by you or any third party.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally, information on our website or services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other details.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change, update, or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been submitted.

Section 13 - Prohibited Uses

You may use our website and services for lawful purposes only. You may not use our website or services, directly or indirectly:

(a) for any unlawful, fraudulent, or malicious purpose;
(b) to violate any applicable laws, rules, or regulations;
(c) to infringe upon or violate our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against any person;
(e) to submit false or misleading information;
(f) to upload or transmit viruses, malware, or harmful code;
(g) to send spam, phishing messages, chain letters, or unauthorized promotional material;
(h) to impersonate another person or entity;
(i) to collect or track personal information of others;
(j) to scrape, extract, copy, or exploit any part of our website or services;
(k) to interfere with or bypass the security features of our website or services; or
(l) to engage in conduct that may harm Kindlebury, Shopify, our users, or any third party.

We reserve the right to suspend, restrict, or terminate your access to our website or services if we determine that you have violated these Terms.

Section 14 - Agents and Automated Access

This section applies if you use, allow, enable, or cause the deployment of any software, bot, crawler, scraper, automated tool, artificial intelligence agent, or other system that accesses, uses, or interacts with our website or services.

No automated system or agent may access, use, or interact with our website or services in a way that misrepresents its identity, circumvents security measures, bypasses access restrictions, completes or avoids verification measures, or interferes with the normal operation of our website.

We may limit, block, or restrict automated access to our website or services at any time, including through technical measures.

Section 15 - Termination

We may terminate these Terms or suspend or terminate your access to our website or services, in whole or in part, at our sole discretion and without prior notice.

You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 16 - Disclaimer of Warranties

The information provided on or through our website and services is made available for general information purposes only. We do not warrant the accuracy, completeness, reliability, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Except as expressly stated by Kindlebury, our website, services, and all products offered through them are provided “as is” and “as available” without any representation, warranty, or condition of any kind, either express or implied.

We do not guarantee, represent, or warrant that your use of our website or services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow limitations on implied warranties, so some of the above disclaimers may not apply to you.

Section 17 - Limitation of Liability

To the fullest extent permitted by law, Kindlebury, our partners, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, and Shopify’s affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages arising from your use of our website, services, products, or any content made available through our website or services, even if advised of their possibility.

Some jurisdictions do not allow limitations of liability for certain damages, so some of the above limitations may not apply to you.

Section 18 - Indemnification

You agree to indemnify, defend, and hold harmless Kindlebury, Shopify, and our affiliates, partners, officers, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable legal fees, arising out of:

(a) your breach of these Terms of Service or any documents incorporated by reference;
(b) your violation of any law or the rights of a third party; or
(c) your access to or use of our website or services.

We may control the defense and settlement of any claim at your expense, but we will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld. You agree to cooperate in the defense of any such claim.

Section 19 - Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity and enforceability of any remaining provisions.

Section 20 - Waiver and Entire Agreement

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

These Terms of Service, together with any policies or operating rules posted by us on our website, constitute the entire agreement and understanding between you and us and govern your use of our website and services.

These Terms supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us.

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 any of your rights or obligations under these Terms without our prior written consent.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

Section 22 - 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 applicable in the jurisdiction where Kindlebury operates, without regard to conflict of law principles.

You agree to submit to the jurisdiction of the applicable courts for the resolution of any disputes arising from or relating to these Terms, our website, or our services.

Section 23 - Headings

The 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, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website.

It is your responsibility to check this page periodically for changes. Where required by applicable law, we may notify you of material changes. Your continued use of or access to our website or services following the posting of any changes constitutes acceptance of those changes.

Section 25 - Contact Information

Questions about these Terms of Service may be sent to us through the contact form or support channel available on our website.