Terms of service
PREVIEW
Welcome to WINIZ! The terms "we," "us," and "our" refer to WINIZ. WINIZ operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a personalized shopping experience (the "Services"). WINIZ uses the Shopify platform to provide these Services. The following Terms and Conditions, together with the policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including 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 with these Terms or the Privacy Policy, you must not use or access our Services.
ARTICLE 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the age of majority in your state, province, or country of residence, and you consent to allow your minor dependents to use the Services on devices you own, purchase, or manage. To use the Services, including browsing our online store or purchasing products or services, you may be required to provide certain information such as your email address, billing information, payment details, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide such information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.
ARTICLE 2 - OUR PRODUCTS
We make every effort to display our products and services as accurately as possible. However, product colors and appearance may vary depending on your device, screen settings, and display configuration. We do not guarantee that the appearance or quality of products or services will exactly match what is shown on our website. Product descriptions may be changed at any time without prior notice. We reserve the right to discontinue any product at any time and to limit product quantities by customer, region, or jurisdiction.
ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. WINIZ reserves the right to accept or refuse any order at its sole discretion. Your order is considered accepted only after written confirmation from WINIZ. Payment must be received and processed before your order is confirmed. Please review your order carefully before submitting it, as WINIZ may not be able to accept cancellation requests once your order has been confirmed. If an order is refused, modified, or cancelled, we may attempt to contact you using the email address, billing address, or phone number provided during checkout. Purchases are subject to our Refund Policy. You represent that purchases are made for personal use and not for commercial resale or export.
ARTICLE 4 - PRICING AND BILLING
Prices, discounts, and promotions may change without notice. The price charged will be the one in effect at the time the order is placed and will appear in your order confirmation email. Unless otherwise stated, prices do not include taxes, shipping fees, handling charges, customs duties, or import fees. Prices shown on our website may differ from those available in physical stores or third-party marketplaces. You agree to provide accurate and complete payment and account information.
You also warrant that:
- your payment information is accurate;
- you are authorized to use the payment method;
- your payment provider will honor the transaction;
- you will pay all applicable charges, including shipping and taxes.
ARTICLE 5 - SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. Delivery estimates are provided for informational purposes only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs authorities, or events beyond our control. Ownership and risk of loss transfer to you once the products are delivered to the carrier.
ARTICLE 6 - INTELLECTUAL PROPERTY
All content available through the Services including trademarks, logos, text, images, graphics, videos, product reviews, audio, and website design is the exclusive property of WINIZ, its licensors, or affiliates and is protected by applicable intellectual property laws. You may use the Services only for personal, non-commercial purposes. No content may be copied, reproduced, distributed, modified, stored, or transmitted without our prior written consent. Nothing in these Terms grants you any ownership or license rights to WINIZ intellectual property. The names, logos, product names, and designs of WINIZ are trademarks of WINIZ. Shopify trademarks remain the property of Shopify.
ARTICLE 7 - OPTIONAL TOOLS
You may have access to third-party tools through the Services that we do not monitor, control, or influence. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without warranties, representations, conditions, or endorsements of any kind. We shall have no liability arising from or relating to your use of optional third-party tools. Your use of any optional tools offered through the website is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and agree to the terms provided by the relevant third-party providers. We may also, in the future, offer new features or functionality through the Services, including new tools and resources. Such new features and services shall also be subject to these Terms of Service.
ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain materials and links to websites operated by third parties, including integrated third-party features. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you choose to access third-party websites, you do so entirely at your own risk. We shall not be 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 available through them. We encourage you to carefully review the policies and practices of any third party before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.
ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.] WINIZ is powered by Shopify, allowing us to provide the Services to you. However, all sales and purchases made through our Store are conducted directly with WINIZ. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and WINIZ, including any damages, losses, or claims arising from products or services purchased through our Store. You expressly release Shopify and its affiliates from any claims, damages, or liabilities arising out of or relating to your purchase or transaction with WINIZ.
ARTICLE 10 - PRIVACY POLICY
Any personal information collected through the Services is governed by our Privacy Policy. Certain personal information may also 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 by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve them. Information submitted through the Services may be shared with Shopify and third parties located in countries other than your own for the purpose of providing the Services. Please refer to our Privacy Policy for more information about how WINIZ, Shopify, and our partners use your personal information.
ARTICLE 11 - FEEDBACK
If you submit, upload, publish, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or any other content (collectively, "Feedback"), you grant WINIZ a perpetual, worldwide, sublicensable, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. For example, we may use Feedback to operate, improve, evaluate, promote, and enhance the Services.
You represent and warrant that:
- You own or otherwise control all rights to your Feedback.
- You have disclosed any compensation or incentives received in connection with your Feedback.
- Your Feedback complies with these Terms.
We are under no obligation to:
- keep Feedback confidential;
- compensate you for Feedback;
- respond to Feedback.
We may remove or edit Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that infringes the intellectual property rights of any party or violates these Terms. You further agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. Your Feedback must not contain defamatory, unlawful, abusive, obscene, or malicious content, including viruses or malware that could affect the operation of the Services. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for the accuracy and content of any Feedback you provide.
ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product 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 and without prior notice, including after an order has been submitted.
ARTICLE 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You are strictly prohibited from using the Services:
- for unlawful or malicious purposes;
- in violation of any international, federal, provincial, state, or local law or regulation;
- to infringe the intellectual property rights of WINIZ, Shopify, or any third party;
- to harass, abuse, insult, defame, intimidate, discriminate against, or harm any individual;
- to submit false or misleading information;
- to upload or transmit any content that violates these Terms;
- to send spam, chain letters, junk mail, or similar unsolicited communications;
- to impersonate another person or entity;
- to interfere with or disrupt another person's use of the Services.
You also agree not to:
- upload or transmit viruses or malicious code;
- reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
- collect or track the personal information of others;
- engage in phishing, pharming, spoofing, or similar fraudulent activities;
- use robots, spiders, scraping tools, AI agents, automated software, or other automated methods to access the Services;
- interfere with or bypass security features or access restrictions implemented by WINIZ.
We reserve the right to suspend, deactivate, or terminate your account at any time and without prior notice if we determine that you have violated any provision of these Terms.
ARTICLE 14 - AGENTS
14.1
This section ("Agent Terms") applies if you use, authorize, enable, or cause an Agent to access, use, or interact with the Services. An "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of, or under the instruction of, an individual or entity, and that may operate on or through a device without direct human supervision.
14.2
No Agent may access, use, or interact with the Services unless it continuously identifies itself and complies with the requirements set out in Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from doing so.
14.3
We may restrict, including through technical measures, the manner in which any Agent accesses, uses, or interacts with the Services.
14.4
Agents must:
- identify themselves in all HTTP/HTTPS requests by including "Agent/[Agent Name]" within the user-agent string;
- not conceal or disguise that the interaction originates from an Agent, including by imitating human behavior or bypassing CAPTCHA or similar verification measures;
- respond truthfully when asked whether the interaction is generated by a human or a computer;
- not circumvent any technical measures intended to restrict, control, or monitor Agent access to the Services.
ARTICLE 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, without prior notice. You remain responsible for all amounts due up to and including the date of termination. The following provisions 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 is intended to survive termination.
ARTICLE 16 - DISCLAIMER OF WARRANTIES
The information provided through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of any information available through the Services. Any reliance you place on such information is strictly at your own risk. Unless expressly stated otherwise by WINIZ, the Services and all products offered through them are provided "AS IS" and "AS AVAILABLE", without any warranties, representations, or conditions of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some of these limitations may not apply to you.
ARTICLE 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, neither WINIZ, its affiliates, officers, directors, employees, agents, service providers, suppliers, licensors, nor Shopify and its affiliates shall be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages. This includes, without limitation:
- loss of profits;
- loss of revenue;
- loss of savings;
- loss of data;
- replacement costs;
- or any similar damages,
whether arising in contract, tort (including negligence), strict liability, or otherwise, resulting from your use of the Services or any products purchased through the Services. This limitation applies even if WINIZ has been advised of the possibility of such damages.
ARTICLE 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless WINIZ, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, suppliers, and service providers from and against any claim, liability, loss, damage, or expense, including reasonable legal fees, arising out of:
- your breach of these Terms of Service;
- your violation of any law or the rights of a third party;
- your access to or use of the Services.
We will notify you of any claim covered by this indemnification. You agree to cooperate fully in defending any such claim.
ARTICLE 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of the remaining provisions.
ARTICLE 20 - WAIVER; ENTIRE AGREEMENT
Failure by WINIZ to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Service, together with any policies or operating rules posted on this website, constitute the entire agreement between you and WINIZ regarding your use of the Services. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.
ARTICLE 21 - 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.
Any unauthorized assignment shall be null and void.
WINIZ may transfer, assign, or delegate these Terms and any of its rights or obligations without your consent or prior notice.
ARTICLE 22 - GOVERNING LAW
These Terms of Service, together with any separate agreement under which WINIZ provides you with the Services, shall be governed by and construed in accordance with the applicable federal laws and the laws of the state, province, or territory of the courts having jurisdiction where WINIZ maintains its principal place of business.
You and WINIZ expressly consent to the exclusive jurisdiction and venue of such courts.
ARTICLE 23 - HEADINGS
The headings used in these Terms of Service are included for convenience only and shall not affect or limit the interpretation of these Terms.
ARTICLE 24 - CHANGES TO THE TERMS OF SERVICE
You may review the most current version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to review 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 become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes your acceptance of those changes.
ARTICLE 25 - CONTACT INFORMATION
If you have any questions regarding these Terms of Service, please contact us at: