Terms of service

Here is the translation of the Terms of Service for Wincent Garner into English.

OVERVIEW
Welcome to Wincent Garner! The terms “we”, “us”, and “our” refer to Wincent Garner. Wincent Garner operates this store and website, including all related information, content, features, tools, products, and services to provide you, the customer, with a personalized shopping experience (“the Services”).

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover areas such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or this Privacy Policy, you should not use or visit our Services.

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age in the state or province where you reside, and that you have given us your consent to allow 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 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 maintaining the security of your account details and for all activity on your account. 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. Please note, however, that colors or product appearances may differ from how they appear on your screen depending on the type of device you use to access the store and your device settings and configuration.

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 or described 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 quantity of a product 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. Wincent Garner reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Wincent Garner has confirmed that we have received it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it, as Wincent Garner may not be able to accommodate cancellation requests after 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, and/or phone number provided when the order was made.

Your purchases can only be returned or exchanged in accordance with our Refund Policy.

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

SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price for a product or service is the price in effect at the time of the order and is stated in your order confirmation email. Unless otherwise explicitly stated, quoted prices do not include taxes, shipping, handling, customs, or import duties.

Prices in our online stores may differ from prices in physical stores, webshops, or other stores operated by third parties. We may from time to time offer promotions on the Services that may affect pricing and are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms shall apply.

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) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) the costs incurred on your behalf will be paid by your credit card company, and (iv) you will pay the costs incurred on your behalf at the stated prices, including shipping and handling costs 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 cannot be guaranteed. We are not responsible for delays caused by couriers, customs processing, or events beyond our control. When we hand over the products to the courier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, text, displays, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof, are owned by Wincent Garner, its affiliates, or licensors and are protected by copyright and other intellectual property laws.

These Terms permit you to use the Services only for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Unless otherwise explicitly stated herein, nothing in these Terms grants, or shall be construed as granting you, any license or other rights under any patent, trademark, copyright, or other intellectual property belonging to Wincent Garner or any third party. Unauthorized use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted herein are reserved by Wincent Garner.

Wincent Garner's name, logos, product and service names, designs, and slogans are trademarks of Wincent Garner or its affiliates or licensors. You may not use such trademarks without prior written permission from Wincent Garner. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be provided access to third-party tools as part of the Services, which we neither monitor nor have any control or influence over.

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 form of endorsement. We have no liability for your use of optional third-party tools.

Any use of the optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).

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 deemed to be part of the Services and 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 embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to visit. If you decide to leave the Services to access these materials or third-party websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please review the third party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Wincent Garner is powered by Shopify, which enables us to provide the Services to you. However, all purchases and sales you make in our store are directly with Wincent Garner. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and Wincent Garner, including damages or losses arising from purchased products and services. You hereby release Shopify and its affiliates from all claims, damages, and liabilities arising out of or in connection with your purchases and transactions with Wincent Garner.

SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be read here, and certain personal data may be subject to Shopify's Privacy Policy, which can be read here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are provided by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services for the purpose of providing and improving the Services for you. Information you provide to the Services will be transferred to and shared with Shopify and third parties who may be located in countries other than your country of residence, for the purpose of providing services to you. Please read our Privacy Policy for more information on how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit 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 media for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, 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 have all necessary rights to all Feedback; (ii) you have disclosed all compensation or incentives you received in connection with providing Feedback; and (iii) your Feedback will comply with these terms. We have and shall have no obligation to (1) maintain any Feedback in confidence, (2) pay compensation for any Feedback, or (3) respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or 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, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions, which 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 is inaccurate, without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not, directly or indirectly, use the Services: (a) for any unlawful or harmful purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (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, threaten, or injure any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of advertising or promotional material, including ”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 anyone’s use of the Services, or which, as determined by us, may harm Wincent Garner, 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 affects 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 your access to the Services (or parts 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 survive 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 continue to apply after termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided solely for general information purposes. We do not warrant that this information is accurate, complete, or useful. Any reliance 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 WINCENT GARNER, 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, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT 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 EXTENT PERMITTED BY LAW, WINCENT GARNER, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, SHALL NOT 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 ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Wincent Garner, Shopify, and our subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, made by any third party 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 indemnifiable claim, provided that failure to promptly notify does not relieve you of your obligations unless you have been materially prejudiced. We may control the defense and settlement of such claims at your expense, including choice of counsel, but will not settle any claim requiring non-monetary commitments from you without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense of indemnifiable claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is determined 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 to be 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
The failure of us 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 constitutes the entire agreement and understanding between you and us and govern your use of the Service. They supersede 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 such attempt is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

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 courts of the jurisdiction where Wincent Garner's head office is located. You and Wincent Garner agree to the venue and personal jurisdiction in 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 TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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 take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
See contact information.