Terms of Service
I. Introduction
Purpose of the Terms of Service (TOS)
The purpose of this TOS is to outline the terms and conditions that govern the use of the Goblin Style online shop, including its websites, products, and services (collectively, the “Platform”). By accessing and using the Platform, you agree to be bound by the terms of this TOS. If you do not agree to these terms, you may not use the Platform.
Overview of the Services Provided by Goblin Style
Goblin Style is an online retailer of high-quality Hawaiian shirts that are designed to bring the vibrant and joyful spirit of Hawaii to your wardrobe. Our shirts are made from the finest materials and are carefully crafted to ensure that each shirt is a true work of art.
Acceptance of the TOS
By accessing and using the Platform, you agree to be bound by the terms of this TOS. If you do not agree to these terms, you may not use the Platform. Your use of the Platform constitutes your acceptance of these terms, and any changes that may be made to this TOS in the future.
II. Proprietary Rights
Intellectual Property Rights of Goblin Style
The content, including but not limited to text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, software, and the compilation of all content on the website and services (collectively referred to as “Materials”) are the property of Goblin Style or its suppliers and protected by United States and international copyright laws. The trademark “Goblin Style” and other logos and service marks appearing on the website and services are the trademarks of Goblin Style and may not be used without the prior written consent of Goblin Style.
Use of the Website and Services
You are granted a limited, non-exclusive, non-transferable license to access and use the website and services for personal, non-commercial use only. You may not use the website and services for any commercial purpose or in any manner that is unauthorized by Goblin Style.
Restrictions on Use of the Website and Services
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Materials contained within the website and services. You may not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of the website and services. You may not use any meta tags or any other “hidden text” utilizing the name “Goblin Style” or any trademark or logo of Goblin Style without the prior written consent of Goblin Style.
III. User Conduct
Responsibility for User Content
When using the Goblin Style website and services, users may be able to submit, upload, or otherwise make available content such as comments, reviews, images, and other materials (collectively referred to as “User Content”). The user is solely responsible for any User Content that they make available through the website and services and agrees to indemnify and hold harmless Goblin Style for any claims related to User Content.
Prohibited Conduct
Users are prohibited from engaging in any conduct that is illegal, infringing, harmful, or otherwise inappropriate when using the website and services. This includes, but is not limited to, the submission of User Content that is defamatory, obscene, sexually explicit, or violent.
Reporting of Illegal or Inappropriate Conduct
If you believe that any User Content or conduct on the Goblin Style website and services is illegal or otherwise inappropriate, please report such content or conduct to Goblin Style by emailing [email protected]. Goblin Style will take appropriate action to investigate any reported violations and take any necessary measures to address any illegal or inappropriate conduct.
IV. Orders and Payments
Placing Orders
To place an order with Goblin Style, you must provide us with accurate and complete information, including your name, address, email address, and payment information. You represent and warrant that you have the right to use any credit card or other payment method used to place an order.
Payment Methods
Goblin Style accepts various payment methods, including credit cards, PayPal, and others. You agree to provide accurate and current information for all payment methods you use. If a payment is not successfully processed, you agree to pay all amounts due upon demand by Goblin Style.
Order Processing and Shipping
Goblin Style will process your order promptly upon receipt of payment. Shipping times may vary based on availability, shipping destination, and other factors. Goblin Style is not responsible for any delays in shipping or delivery.
Returns and Cancellations
Due to the personalized and made-on-demand nature of our products, we have a strict policy on returns and cancellations. However, in the case of damages, incorrect customization, or incorrect design, we are willing to offer an exchange. If you receive a damaged or incorrect item, please contact us within 7 days of receiving your order and provide us with a clear image of the damage or mistake. We will then process an exchange for you. Please note that all exchanges are subject to our inspection and approval.
It is important to double-check your customization details before placing your order to ensure that your product is made to your specifications. If you have any questions or concerns about the customization process, please contact us before placing your order.
V. Disclaimer of Warranty
Disclaimer of Warranties
Goblin Style provides its website and services on an “as is” and “as available” basis, and makes no warranties of any kind, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Goblin Style does not guarantee that its website or services will be uninterrupted, timely, secure, or error-free, and Goblin Style makes no warranties as to the results that may be obtained from the use of its website or services.
Limitation of Liability
In no event shall Goblin Style be liable for any damages arising from or related to the use of its website or services, including, but not limited to, direct, indirect, incidental, special, consequential, or punitive damages, even if Goblin Style has been advised of the possibility of such damages.
Release from Liability
You hereby release Goblin Style from any and all claims, demands, and damages, whether direct, indirect, incidental, special, or consequential, arising from or related to the use of its website or services, and you agree to indemnify and hold Goblin Style harmless from any such claims, demands, and damages.
VI. Indemnification
User’s Indemnification Obligation
The user agrees to indemnify, defend, and hold harmless Goblin Style, its affiliates, officers, agents, and employees from and against any and all claims, damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising out of or in connection with any breach by the user of these TOS or any applicable law or regulation.
Defense of Claims
In the event of any third-party claim against Goblin Style arising out of or in connection with the user’s use of the website or services, the user agrees to promptly notify Goblin Style and cooperate with Goblin Style in the defense of such claim.
Limitation of Liability
The user agrees that under no circumstances shall Goblin Style be liable to the user or any third party for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the website or services, including but not limited to, any lost profits, lost data, or business interruption.
VII. Changes to the TOS
Goblin Style reserves the right to make changes to the TOS at any time, for any reason. The most current version of the TOS will always be available on the Goblin Style website. By continuing to use the Goblin Style website and services, you agree to be bound by any changes to the TOS.
Notice of Changes
Goblin Style will make reasonable efforts to notify users of any changes to the TOS, such as through a notification on the website or by email. However, it is the user’s responsibility to periodically review the TOS for any updates.
Acceptance of Changes
By using the Goblin Style website and services after any changes to the TOS have been posted, you agree to be bound by the updated TOS. If you do not agree with the updated TOS, you should discontinue use of the Goblin Style website and services.
VIII. Termination
Termination by Goblin Style
Goblin Style reserves the right to terminate your use of the website and services at any time and for any reason, with or without notice to you. Reasons for termination may include, but are not limited to, violation of the TOS, illegal or inappropriate conduct, or other activities harmful to the website, services, or other users.
Termination by User
You may terminate your use of the website and services at any time by discontinuing use of the website and services and destroying any material obtained from the website and services.
Effect of Termination
Upon termination, your right to use the website and services will immediately cease. Termination will not affect any rights or liabilities that have accrued prior to termination, including, but not limited to, any obligations to pay for products or services.
IX. Governing Law
This TOS and any disputes arising from or related to the use of the Goblin Style website and services shall be governed by and construed in accordance with the laws of the jurisdiction in which Goblin Style is headquartered. The parties agree to submit to the exclusive jurisdiction of the courts located in such jurisdiction for the resolution of any disputes. The choice of law shall be the law of such jurisdiction, without giving effect to its conflict of law provisions.
X. Dispute Resolution
Informal Resolution of Disputes
In the event of a dispute between you and Goblin Style, you agree to first contact us and make a good faith effort to resolve the dispute informally. If a resolution cannot be reached, you and Goblin Style agree to resolve the dispute through binding arbitration as described below.
Binding Arbitration
If a resolution cannot be reached through informal resolution, any dispute arising out of or relating to the TOS, the website, or the services provided by Goblin Style, shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”). The arbitration shall be conducted in accordance with the AAA’s Commercial Arbitration Rules. The arbitration shall be heard by a single arbitrator who shall be selected by the AAA. The arbitration shall take place in [insert location]. The parties shall bear their own costs of arbitration. The arbitration award shall be binding and final, and may be entered as a judgment in any court of competent jurisdiction.
Waiver of Class Action
You and Goblin Style agree to waive the right to participate in a class action or class-wide arbitration for any claims covered by this agreement. You and Goblin Style agree to bring any claim arising out of or related to the TOS, the website, or the services provided by Goblin Style, individually, and not as part of any class or representative proceeding.
XI. Entire Agreement
This Terms of Service constitutes the entire agreement between you and Goblin Style regarding the use of the website and services. This TOS supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral, between the parties.
Amendment of the TOS
Goblin Style reserves the right to modify or amend this TOS at any time without prior notice. The most current version of the TOS will always be available on the website. Your continued use of the website and services following any changes to the TOS will be deemed acceptance of the revised TOS.
Survival of Terms
The provisions of this TOS relating to proprietary rights, indemnification, disclaimer of warranty, limitation of liability, and dispute resolution shall survive termination of this TOS.
XII. Contact Information
At Goblin Style, we are dedicated to providing the best possible customer experience. If you have any questions, concerns, or feedback regarding the use of our website or services, please do not hesitate to contact us. You can reach us through the Email: [email protected]
In addition, if you believe that someone has violated the TOS, please let us know immediately. You can report any violations by contacting us at the above methods, and we will take appropriate action to address the issue.