TERMS AND CONDITIONS OF SERVICE
OVERVIEW
This website is operated by Tropicade OÜ. The terms “we,” “us,” and “our” used within the site refer to Tropicade OÜ. Tropicade OÜ offers this website, along with all information, tools, and services available through it, to you, the user, conditioned upon your acceptance of all the terms, conditions, notices, and warnings contained herein. By visiting our site and/or purchasing something from us, you are using our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions of Service,” “Terms”), which include the terms, conditions, and notices referenced in this document and/or available via hyperlink. These Terms and Conditions of Service apply to all users of the site, including, without limitation, visitors, suppliers, customers, merchants, and/or contributors of comments and other content. Please read these Terms and Conditions of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Service. If you do not fully accept these terms and conditions, you may not access the website or use its services. If these Terms and Conditions of Service are considered an offer, acceptance is expressly limited to these Terms only. Any new features and tools added to the current store will also be subject to these Terms and Conditions of Service. You may review the most recent version of the Terms and Conditions of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions of Service by publishing updates and/or changes on our website. It is your responsibility to periodically check this page for changes. Continuing to use or access the website after the posting of any changes constitutes acceptance of those changes. Our store is hosted by Shopify Inc., which provides us with the e-commerce platform to sell our products and services.
SECTION 1 - TERMS AND CONDITIONS OF THE ONLINE STORE
By accepting these Terms and Conditions of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have authorized us to allow any minor under your responsibility to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any law in your jurisdiction (including, by way of example, copyright laws). You may not transmit worms, viruses, or any other type of malicious code. Violation of any provision of the Terms will result in the immediate termination of your right to use the Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to deny service to anyone, for any reason and at any time. You understand that your content (except for credit card data) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform to and adapt to technical requirements of networks or connection devices. Credit card data is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, nor the use of the Service, access to the Service, or any contact on the website through which the service is provided, without our express written permission. The headings used in this agreement are included for convenience only and will not limit or affect the terms in any way.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We will not be responsible if the information made available on this site is not accurate, complete, or up-to-date. The materials on this site are for informational purposes only and should not be relied upon or used as the sole basis for decisions without consulting more authoritative, accurate, complete, or up-to-date sources. You assume all risk by relying on the information on this site. This site may contain some historical information. Historical information is necessarily not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we are not obligated to update any information on our site. You acknowledge that it is your responsibility to monitor changes to our site.
SECTION 4 - CHANGES TO SERVICE AND PRICING
The prices of our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We will not be liable to you or any third party for any changes, price variations, suspensions, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services may be available exclusively online through the website. These products or services may be available in limited quantities and may be subject to return or replacement only according to our Refund and Returns Policy. We have made every effort to display colors and images of the products in the store as accurately as possible. However, we cannot guarantee that the colors displayed on your computer screen are accurate. We reserve the right (but are not obligated) to limit the sale of our products or Services to any person, geographic area, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. Descriptions and prices of products may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time. The sale of any product or service through this site is considered null and void where prohibited. We do not guarantee that the quality of products, services, information, or other materials you purchase or obtain will meet your expectations, nor that any errors in the Service will be corrected.
SECTION 6 - BILLING AND ACCOUNT INFORMATION ACCURACY
We reserve the right to refuse any order received. At our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may apply to orders placed from the same customer account, with the same credit card, and/or orders using the same billing and/or shipping address. In case of modification or cancellation of an order, we may attempt to notify you via the email address, billing address, or phone number provided at the time of order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by wholesalers, retailers, or distributors. You agree to provide current, complete, and accurate information regarding purchases and your account for all purchases made in our store. You agree to update your account and other details promptly, such as your email address, credit card number, and expiration date, so that we can complete transactions and contact you if necessary. For more information, consult our Refund and Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor or control. You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranty, representation, condition, or endorsement. We will not be responsible for any claims arising from or related to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion. It is your responsibility to ensure you know and approve the terms and conditions to which third-party tools are subject. In the future, we may also offer new services and/or features through the website (for example, introducing new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions of Service.
SECTION 8 - THIRD-PARTY LINKS
Some content, products, and services available through our Service may include materials from third parties. Third-party links on this site may direct you to external websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites. We do not provide any warranty nor assume any responsibility for materials or websites of third parties, nor for other materials, products, or services of third parties. We will not be liable for any damages related to the purchase or use of goods, services, resources, content, or any other transaction made through third-party websites. Carefully review the policies and procedures of third parties and ensure you understand them before making any transaction. Complaints, requests, doubts, and questions regarding third-party products should be addressed to the relevant third parties.
SECTION 9 - COMMENTS, FEEDBACK, AND OTHER SUBMITTED MATERIALS
If you send us online, via email, regular mail, or otherwise certain materials (collectively referred to as “comments”)—for example, at our request, contest contributions, or without our request, creative ideas, suggestions, proposals, plans, or other materials—you agree that we may at any time and without limitation modify, copy, publish, distribute, translate, or otherwise use in any way and by any means the comments you submit to us. We have and will have no obligation to (1) keep comments confidential; (2) pay compensation for comments; or (3) respond to comments. We may (without any obligation) monitor, modify, and remove content that we, at our sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or content that violates the intellectual property rights of any party or these Terms and Conditions of Service. You agree to avoid comments that infringe the rights of third parties, including copyright, trademarks, privacy rights, personality rights, and other real or personal rights. You also agree not to send comments containing defamatory or otherwise illegal, offensive, or obscene material, or computer viruses or other malware that may compromise the operation of the Service or any related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for the comments you send and their accuracy. We assume no responsibility and will not have any liability for any comments published by you or third parties.
SECTION 10 - PERSONAL INFORMATION
The submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be on our site or in the Service information containing typographical errors, inaccuracies, and omissions regarding product descriptions, prices, promotions, offers, shipping costs, delivery times, or product availability. We reserve the right to correct any errors, inaccuracies, and omissions by modifying and updating information or canceling orders, if any information in the Service or on a related website is inaccurate, at any time (even after the order has been sent) and without notice. We do not assume any obligation to update, correct, or clarify information in the Service or any related website, including without limitation information on prices, except as required by law. No specific update date in the Service or any related website should be interpreted as a guarantee that all information in the Service or any related website has been corrected and updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in these Terms and Conditions of Service, it is forbidden to use the site or its content: (a) for illegal purposes; (b) to induce others to commit or participate in illegal acts; (c) to violate international, federal, provincial, or state laws, or local ordinances; (d) to infringe our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, age, country of origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service, any related website, other websites, or the internet; (h) to collect or monitor personal information of other users; (i) for spam, phishing, pharming, pretexting, spider, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses provisions.
SECTION 13 - WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results obtained through the use of the service will be accurate or reliable. You acknowledge that we may occasionally suspend the service for indefinite periods or cancel the service at any time without notice. You expressly acknowledge that use of and inability to use the service is at your sole risk. The service and all products and services provided through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. In no event shall Tropicade OÜ, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors 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 savings, lost data, cost of replacement, or other similar losses—arising from your use of any of the services or products obtained using the service, or for any other claim related in any way to your use of the service or product, including, by way of example but not limitation, any errors or omissions in the content, losses and damages of any kind related to the use of the service or any content (or product) published, transmitted, or otherwise made available through the service, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Tropicade OÜ and its controlling, controlled, and affiliated companies, as well as its partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable legal fees, made by any third party and arising from your violation of these Terms and Conditions of Service or the documents incorporated herein by reference, or from your violation of any law or rights of third parties.
SECTION 15 - SEVERABILITY
If any provision of these Terms and Conditions of Service is found to be illegal, invalid, or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be considered severed from these Terms and Conditions of Service, without affecting the validity and enforceability of the remaining provisions.
SECTION 16 - RESOLUTION
The obligations and liabilities of the parties assumed before the termination
