Terms of service
OVERVIEW
Welcome to Hashira Orb. The terms “we,” “us,” and “our” refer to Hashira Orb. Hashira Orb operates this store and website, including all information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the “Services”). Hashira Orb uses Shopify technology to provide the Services.
The following terms and conditions, along with all referenced policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By viewing, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use our 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 that you have given us your consent to allow any minors under your care to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing our online stores, browsing them, or purchasing any product or service we offer, you may be asked to provide certain information such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for safeguarding your account credentials and all activity under your account. You may not transfer, sell, or assign your account to another person, nor grant licenses linked to such account.
SECTION 2: OUR PRODUCTS
We have made every effort to display our products and services accurately in our online stores. However, please note that colors or the appearance of the product may differ from how they appear on your screen due to the type and settings of the device you use to access the store.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those displayed in our online stores.
All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction, as applicable.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. Hashira Orb reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Hashira Orb confirms acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as Hashira Orb may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, or phone number provided when placing the order.
Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are solely for personal or household use and not for resale or export for commercial purposes.
SECTION 4: PRICES AND BILLING
Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be set forth in the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping, handling fees, customs clearance, or import duties.
Prices listed in our online stores may differ from those offered in physical, online, or other types of stores operated by third parties. From time to time, we may offer promotions on the Services that may affect prices and are governed by terms and conditions different from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use the credit card for the purchase; (iii) your credit card company will honor the charges you incur; and (iv) you will pay the charges incurred at the posted prices, including applicable shipping, handling, and taxes, if any.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we deliver the products to the carrier, title and risk pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, without limitation, trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by Hashira Orb, its affiliates, or licensors, and are protected by U.S. and foreign copyright laws and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms shall be construed as granting any license or other rights to you in respect of any patents, trademarks, copyrights, or other intellectual property of Hashira Orb, Shopify, or third parties. Unauthorized use of the Services may violate federal and state intellectual property laws. Hashira Orb reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of Hashira Orb are trademarks of Hashira Orb, its affiliates, or licensors. You must not use such trademarks without prior written permission from Hashira Orb. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, we may provide you with access to client tools offered by third parties over which we have no monitoring, control, or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind, and without endorsement. We shall have no liability whatsoever arising from or relating to your use of the optional third-party tools.
Any use by you of the 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 under which the tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may include materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, and we do not warrant, the accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such materials or third-party websites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites or to the purchase or use of goods, services, or resources from such third-party websites. Please review the third party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and must not be removed or modified.]
Hashira Orb uses Shopify technology to provide the Services. However, any sales and purchases made in our store are conducted directly with Hashira Orb. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Hashira Orb, including injuries, damages, or losses caused by products and services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with Hashira Orb.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted on Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you. For the purpose of providing services, the information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries where you do not reside. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].
SECTION 11: COMMENTS
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any media and for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under the Terms of Service.
You also represent and warrant that: (i) you own all necessary rights to all Comments; (ii) you have disclosed any compensation or incentives received in connection with submitting the Comments; and (iii) your Comments will comply with these Terms. We are not and will not be obligated to (1) treat your Comments as confidential; (2) compensate you for your Comments; or (3) respond to your Comments.
We may, without any obligation to do so, monitor, edit, or remove Comments that, in our sole discretion, we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party’s intellectual property rights or these Terms of Service.
You agree that your Comments will not violate any third party’s rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or 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: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information in or about the Services 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 if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulation, law, or ordinance; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to send or procure the sending of “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as we determine, may harm Hashira Orb, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine you have violated any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and your liability for all amounts due up to and including the date of termination may remain in effect.
The following sections will remain in force 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 provision which by its nature survives termination.
SECTION 15: DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of its contents.
UNLESS EXPRESSLY STATED BY Hashira Orb, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOU WILL BE ABLE TO USE THE SERVICES WITHOUT INTERRUPTION, IN A TIMELY, SECURE, OR ERROR-FREE MANNER. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Hashira Orb, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Hashira Orb, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including the cost of reasonable attorneys’ fees, payable to any third party as a result of (1) your breach of these Terms of Service or of the documents incorporated by reference, (2) your violation of any law or the rights of any third party, or (3) your access to or use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to promptly notify you will not relieve you of your obligations unless you have suffered significant prejudice. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but will not settle any claims imposing non-monetary obligations on you without your consent (which will not be unreasonably withheld). You will cooperate in the defense of indemnifiable claims, including by providing relevant documents.
SECTION 18: SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service; such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19: WAIVER; 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 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, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms, along with our rights and obligations, without your consent or notice to you.
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 federal and state or territorial courts of the jurisdiction to which Hashira Orb belongs. You and Hashira Orb submit to the jurisdiction and venue of such courts.
SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23: CHANGES 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, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. You are responsible for checking our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect as of the date specified in the notice. Your continued use of or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24: CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hashiraorb@hotmail.com.
Our contact information is posted below:
Hashira Orb
hashiraorb@hotmail.com
Carrera 9 #20 - 26 Colombia, Cundinamarca, Fusagasuga.
+57 3228081353
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]