TERMS OF SERVICE
Terms of Service
The terms “we,” “us,” and “our” refer to Esmire & Co, which operates this store and website, including all related content, tools, products, and services (the “Services”). The Services are powered by Shopify. By using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree, please do not use the Services.
Access and Account
By accessing or using our Services, you represent that you are at least the age of majority in your state, province, or country of residence, and that you have given consent for any minor dependents to use the Services on devices you own or manage. To use the Services, including browsing our online store or purchasing products, you may be asked to provide information such as your email address, billing, payment, and shipping details. You represent and warrant that all information provided is accurate, current, and complete, and that you have the rights necessary to provide this information. You are solely 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 another person.
Products
We have made every effort to provide accurate representations of our products and services; however, colours or product appearances may vary depending on your device, screen settings, and configuration. We do not warrant that any product or service will meet your expectations or appear exactly as depicted in our online store. Product descriptions are subject to change at any time without notice, and we reserve the right to discontinue any product or limit quantities on a case-by-case basis.
Orders
When you place an order, you are making an offer to purchase. Esmire & Co reserves the right to accept or decline any order at its discretion, and an order is not accepted until confirmation is sent to you. Payment must be received and processed before acceptance. Please review your order carefully, as cancellations may not be possible once an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided. Purchases are subject to returns or exchanges only in accordance with our Refund Policy, and you represent that all purchases are for personal or household use and not for commercial resale or export.
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 confirmed in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges. Prices in our online store may differ from those in physical stores or third-party platforms. You agree to provide accurate and authorised purchase, payment, and account information, and you represent that the payment method used is valid and authorised.
Shipping and Delivery
All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Orders may be fulfilled and shipped by third-party suppliers or logistics partners, and once a product is transferred to the shipping carrier, title and risk of loss passes to the customer.
Intellectual Property
All content on our Services, including trademarks, text, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, is owned by Esmire & Co, its affiliates, or licensors and is protected by copyright, trademark, and other intellectual property laws. You may use the Services only for personal, non-commercial purposes and may not reproduce, distribute, modify, create derivative works, publicly display, perform, republish, download, store, or transmit any material without prior written consent. All rights not expressly granted are reserved.
Optional Tools and Third-Party Links
We may provide access to customer tools offered by third parties as part of the Services. We do not monitor or control these tools, and access is provided “as is” and “as available” without any warranties. Similarly, our Services may contain links to third-party websites, and we are not responsible for the content or accuracy of any materials or websites you access.
Relationship with Shopify
Esmire & Co is powered by Shopify, but all sales and purchases are made directly with us. Shopify is not responsible for any aspect of transactions between you and Esmire & Co.
Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify may also collect and process certain information as necessary to operate and improve the platform.
Feedback
By submitting ideas, feedback, reviews, or other content, you grant Esmire & Co a worldwide, royalty-free, perpetual license to use, reproduce, modify, publish, and distribute such content. You represent that your submissions do not violate any third-party rights or contain unlawful material.
Errors, Inaccuracies, and Omissions
Occasionally, information may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors or cancel orders if information is inaccurate.
Prohibited Uses
You may not use our Services for unlawful purposes, to violate laws, infringe intellectual property, transmit malicious code, harass or harm others, or collect personal information without consent. Violation of these Terms may result in termination of access.
Termination
We may terminate your access to the Services at any time without notice if you violate these Terms. Any obligations incurred prior to termination will survive termination.
Disclaimers
The Services and all products are provided “as is” and “as available” without warranties. We do not guarantee uninterrupted, secure, or error-free service.
Limitation of Liability
To the fullest extent permitted by law, Esmire & Co is not liable for any direct, indirect, incidental, punitive, or consequential damages arising from use of the Services or products.
Indemnification
You agree to indemnify and hold harmless Esmire & Co and its partners, affiliates, and service providers from claims arising from your violation of these Terms or misuse of the Services.
Governing Law
These Terms and any agreements for our Services are governed by the laws of Queensland, Australia, and any disputes are subject to the exclusive jurisdiction of Queensland courts. Headings are for convenience only and do not affect interpretation.
Changes to Terms
We reserve the right to update or modify these Terms at any time by posting updates on our website. Continued use of the Services constitutes acceptance of any changes.
Contact Information
Questions about these Terms of Service should be sent to support@esmireco.com