OVERVIEW
It's great to see you here at Izzae! The terms “we,” “us,” and “our” refer to Izzae. Izzae is responsible for this store and website, including all information, content, features, tools, products, and services related to it, with the goal of providing you, the customer, with a personalized shopping experience (the “Services”). Izzae is powered by Shopify, which allows us to provide the Services to you.
The terms and conditions below, along with any policies referenced herein (these “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 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 the Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age 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 that you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores 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 provided in our stores is correct, current, and complete and that you have all the necessary rights to provide it.
You are solely responsible for maintaining the security of your account credentials and for all your activities. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of the products may differ from how they appear on your screen due to the type of device you use to access the store and your device settings.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as described or presented in our online stores.
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 any products 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. Izzae reserves the right to accept or refuse your order for any reason, at its sole discretion. Your order will not be accepted until Izzae confirms acceptance. We need to receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Izzae may not be able to fulfill cancellation requests after order acceptance. If we do not accept, make changes to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange only according to our Refund Policy.
You represent and warrant that your purchases are for your personal or household use and not for 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 at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, advertised prices do not include taxes, shipping, handling, customs or import duties.
Prices posted in our online stores may differ from prices offered in physical stores, online stores or other stores operated by third parties. We may periodically offer promotions on the Services that may affect prices and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. 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 as needed.
You represent and warrant that (i) your credit card information is true, correct and complete, (ii) you are duly authorized to use the credit card for the purchase, (iii) charges incurred by you will be honored by your credit card administrator, and (iv) you will pay the charges incurred in accordance with the advertised prices, including shipping and handling charges and all applicable 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 the goods are transferred to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement of these Services, are owned by Izzae, its affiliates, or licensors and are protected by patent, copyright, and other intellectual property laws of the U.S. and other countries.
These Terms allow you to use the Services only for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. 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 of Izzae, Shopify, or third parties. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Izzae.
The names, logos, product and service names, designs, and slogans of Izzae are trademarks of Izzae or its affiliates or licensors. You may not use such trademarks without the prior written permission of Izzae. The Shopify name, logo, product and service names, designs, and slogans 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
You may have access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input into.
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 any endorsement. We are not liable for any damages of any kind arising out of or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk, and you should familiarize yourself with and approve the terms on which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new functionality through the Services (including the release of new tools and features). Such new functionality will also be considered part of the Services and is subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain 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 the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, 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 describes Shopify's relationship with your store and should not be removed or modified.
Izzae is provided by Shopify, which allows us to provide the Services to you. However, any sales and purchases you make in our Store will be made directly with Izzae. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Izzae, including any injuries, damages, or losses resulting from products and services purchased.] By this agreement, you expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Izzae.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services to you. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than your own, so that we can provide services to you. Please see our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "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 any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or possess all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback will comply with these Terms. We have and will have no obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates the intellectual property of third parties or these Terms of Service.
You agree that your Feedback will not violate any rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene Feedback, nor will it contain 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, impersonate another person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, as well as to change or update information or cancel orders if any information is inaccurate, at any time and 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 or state regulations, rules, laws or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to intentionally send, receive, upload or download, use or reuse any material that does not comply with these Terms; (g) to transmit or arrange for the sending of any advertising or promotional material, including any "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by any person, or that, as determined by us, may harm Izzae, Shopify, or users of the Services, or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track personal information of third parties; (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 prior notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall continue to apply after any 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 which by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided solely for general information 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 any of its contents.
EXCEPT AS EXPRESSLY STATED BY Izzae, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR ASSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Izzae, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR 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, COSTS OF REPLACEMENT OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, ACT OR TORT. WRONGFUL LIABILITY (INCLUDING NEGLIGENCE), LIABILITY, INDIRECT OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH A THING.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Izzae, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to third parties due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim for damages, provided that failure to promptly notify you does not relieve you of your obligations unless you are materially harmed. We may control the defense and settlement of such claim at your expense, including the choice of attorney, but we will not settle any claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of claims for damages, including providing relevant documents.
SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is deemed illegal, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Shopify's 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, but not limited to, 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 any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 21 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide Services to you shall be governed by and construed in accordance with the federal, state, or territorial courts of the jurisdiction where Izzae is based. You and Izzae agree to personal venue and jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO 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, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check 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 become effective on the date specified in the notice. 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 officialgallyn@gmail.com.
Our contact information is posted below:
officialgallyn@gmail.com
