Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to our store. The terms "we," "us," and "our" refer to TIMS ECOM LLC. TIMS ECOM LLC operates this store and website, including all information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). This store is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, and all policies referenced within them (the "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 disclaimers and limitations of liability.

By viewing, 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 the Privacy Policy, you must not use our Services.

SECTION 1: ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside, and you 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, browsing, or purchasing any product or service we offer, you may be asked to provide certain information, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in our stores is correct, 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 credentials and all activity on your account. You may not transfer, sell, or assign your account to another person, nor grant any licenses connected to that account.

SECTION 2: OUR PRODUCTS
We have made every effort to display as accurately as possible the products and services in our stores. However, please note that colors or the appearance of a product may vary depending on the device you use to access the store and its display settings. We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or be identical to what is shown in our 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 we may limit the quantities of any products offered to any person, geographic region, or jurisdiction, as applicable.

SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. TIMS ECOM LLC reserves the right to accept or reject your order for any reason at our sole discretion. Your order will not be accepted until TIMS ECOM LLC confirms acceptance. We must receive and process your payment for your order to be accepted. Please review your order carefully before shipping, as TIMS ECOM LLC may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, in any way modify, or cancel an order, we will attempt to notify you by the email, billing address, or phone number provided at the time the order was placed. Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK]. You represent and warrant that your purchases are for personal or household use only and not for resale or commercial export.

SECTION 4: PRICING 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 the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs, or import charges. Prices posted in our stores may differ from prices offered in physical stores or in other online or offline stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will govern. For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, such as your email address and 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 that credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred at the posted prices, including all shipping, handling, and applicable taxes, if any.

SECTION 5: SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control. Once we hand off products to the shipping carrier, title and risk of loss pass to you.

SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by TIMS ECOM LLC, its affiliates, or licensors, and are protected by U.S. and foreign copyright and other intellectual property laws. These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material included in the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms grants, or shall be construed as granting, any license or other right to you with respect to any patent, trademark, copyright, or other intellectual property of TIMS ECOM LLC, Shopify, or third parties. Unauthorized use of the Services may violate federal and state intellectual property laws. TIMS ECOM LLC reserves all rights not expressly granted herein. The names, logos, product and service names, designs, and slogans of TIMS ECOM LLC are trademarks of TIMS ECOM LLC, its affiliates, or licensors. You may not use such trademarks without the prior written consent of TIMS ECOM LLC. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be given access to third-party tools over which we neither monitor nor have any control or input. 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 shall have no liability arising from your use of optional third-party tools. Any use by you of optional third-party tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including new tools and resources). These new features shall also be considered part of the Services and subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining, evaluating, or verifying the accuracy of third-party materials or websites that you choose to access. If you leave the Services to access such materials or third-party sites, you do so at your own risk. We are not liable for any harm or damage related to your access to third-party websites or your purchase or use of any products, services, or resources from third-party websites. Please review third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes Shopify's relationship to your store and should not be removed or modified.] This store is powered by Shopify, which enables us to provide the Services to you. However, any sale and purchase you make through our store is made directly with TIMS ECOM LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that take place between you and TIMS ECOM LLC, including any injuries, damages, or losses caused by any products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or related to your purchases and transactions with TIMS ECOM LLC.

SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted on Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services on our behalf. In order to provide the Services, information you submit to the Services will be transmitted to, and shared with, Shopify and third parties who may be located in countries other than your own. For more information on how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].

SECTION 11: FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, 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 and for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under the Terms of Service. You also represent and warrant that: (i) you own all rights in and to your 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 no obligation to (1) keep your Feedback confidential; (2) compensate you for your Feedback; or (3) respond to your Feedback. We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, 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, unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website in any way. You will not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We have no obligation and shall have no responsibility for any Feedback posted by you or any third party.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Services or in the Services that contains typographical errors, inaccuracies, or omissions that 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 at any time 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 regulation, rule, or law; (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, or intimidate our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit, knowingly receive, download, use, or reuse any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm TIMS ECOM LLC, Shopify, or users of the Services, or expose them to liability. In addition, 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 will affect 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, engage in pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services, related websites, 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 discontinue your access to the Services (or any part thereof) at our sole discretion at any time without notice, and your liability for all amounts due up to and including the date of termination shall remain in effect. 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 provision that by its nature survives termination.

SECTION 15: DISCLAIMER OF WARRANTIES
The information made available on or through the Services is provided for general information purposes only. We do not warrant 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 your reliance, or the reliance of any visitor to the Services, or anyone who may be informed of its contents, on such materials. UNLESS EXPRESSLY STATED BY TIMS ECOM LLC, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, 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 MAKE NO WARRANTY OR REPRESENTATION 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 THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16: LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TIMS ECOM LLC, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY OR 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, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF 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 TIMS ECOM LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claim, demand, loss, damage, or liability, 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 or use of the Services. We will notify you of any claim subject to indemnification, provided that failure to promptly notify you shall not relieve you of your obligations hereunder except to the extent you were materially prejudiced by such failure. We may control the defense and settlement of any such claim at your expense, including choice of legal counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably delayed). You agree to cooperate with the defense of any claim subject to indemnification, including by providing relevant documents.

SECTION 18: SEVERABILITY
In the event 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 severed from these Terms of Service; such determination shall not affect the validity or enforceability of any other remaining provision.

SECTION 19: WAIVER; ENTIRE AGREEMENT
Our 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, together with any operating rules or policies posted on this site or in connection with the Service, constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any earlier versions of the Terms of Service). Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20: ASSIGNMENT
You may not assign, transfer, or delegate this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so without such consent will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

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 laws of, and subject to the exclusive jurisdiction of the federal, state, or territorial courts located in, the jurisdiction where TIMS ECOM LLC is based. You and TIMS ECOM LLC submit to the personal jurisdiction of 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 THE 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 as required by applicable law, and such changes will be effective as of 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
Questions about the Terms of Service should be sent to us at timsecomllc@gmail.com

Our contact information is posted below:

Business name: TIMS ECOM LLC

Company name: TIMS ECOM LLC

Email: timsecomllc@gmail.com

Business address: 212 East 22nd Street, 1876, Cheyenne, WY 82001

Phone number: +1 909 546-8196