Terms of service

OVERVIEW
Welcome to Koobarra! The terms "we", "us," and "our" refer to Koobarra. Koobarra operates this store and website, including all related information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the "Services"). Koobarra is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use 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 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 at least the age of majority in your state or province of residence and have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any products or services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. 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 colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products 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 that 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. Koobarra reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Koobarra confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Koobarra may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change 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 made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal, non-commercial use and not for resale, export, or any commercial purpose. This applies to all products, including but not limited to items purchased in bulk or promotional items.

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 otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices posted in our online stores may differ from prices offered in physical stores or in other third-party operated stores. From time to time, we may offer promotions on the Services that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between promotion terms and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at 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) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred will be honored by your credit card company, and (iv) you will pay charges incurred, including shipping, handling, and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
While we provide estimated delivery times, delays may occur due to unforeseen circumstances, such as shipping carrier issues or customs processing. We will notify you of any significant delays and do our best to keep you updated.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, are owned by Koobarra, its affiliates, or licensors and are protected by U.S. and international intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, or transmit any materials from the Services without prior written consent. Unauthorized use of the Services may violate intellectual property laws.
Koobarra’s logos, names, product names, designs, and slogans are trademarks of Koobarra or its affiliates. You may not use these trademarks without Koobarra’s prior written permission.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to third-party tools as part of the Services, which we neither monitor nor control. You acknowledge and agree that we provide access to these tools “as is” and without warranties. We will not be liable for your use of these tools, and you should review the third-party provider’s terms before using these tools.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for the content, accuracy, or security of these third-party sites. Your use of such links is at your own risk. Please review the privacy and security policies of these third-party sites before using them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Koobarra is powered by Shopify, but purchases are made directly with Koobarra. Shopify is not responsible for any aspect of your transaction, and you hereby release Shopify from all claims, damages, and liabilities arising from your purchases with Koobarra.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

SECTION 11 - FEEDBACK

By submitting feedback to us, you grant us a perpetual, royalty-free license to use, reproduce, and distribute the feedback for any purpose. You represent and warrant that you own or have the necessary rights to the feedback, and it complies with these Terms.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

We reserve the right to correct errors, inaccuracies, or omissions in product descriptions, pricing, promotions, or other content on the Services, even after an order has been submitted.

SECTION 13 - PROHIBITED USES

You may not use the Services for unlawful or malicious purposes, to infringe intellectual property rights, or to transmit viruses or other harmful code. Violations of these Terms may result in suspension or termination of your account.

SECTION 14 - TERMINATION

We may terminate your access to the Services at any time in our sole discretion. You remain liable for amounts due up to and including the date of termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

We make no warranties regarding the accuracy or completeness of any information presented on the Services. Any reliance placed on such information is at your own risk.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent allowed by law, Koobarra and its affiliates will not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Services.

SECTION 17 - INDEMNIFICATION

You agree to indemnify and hold harmless Koobarra, Shopify, and affiliates from any claims arising from your breach of these Terms.

SECTION 18 - SEVERABILITY

If any provision is found to be unenforceable, it will be modified to reflect the intent as closely as possible, and the remaining provisions will continue in full force.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Failure to enforce any provision of these Terms does not constitute a waiver of that provision. These Terms constitute the entire agreement between you and us.

SECTION 20 - ASSIGNMENT

You may not assign this agreement without our consent. We may transfer or assign these Terms without notice to you.

SECTION 21 - GOVERNING LAW

These Terms are governed by Texas state law. Any disputes will be resolved in the courts located in Travis County, Texas.

SECTION 22 - HEADINGS

Headings in this agreement are for convenience only and do not affect the interpretation of the Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

We reserve the right to update these Terms at our discretion. Changes will be posted on our website, and your continued use of the Services constitutes acceptance of the updated Terms.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at help@koobarra.com.