Terms of service
OVERVIEW
Welcome to Oakland Always! The terms "we", "us" and "our" refer to Oakland Always. Oakland Always operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Oakland Always is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as 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, available on this website. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store 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 is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. 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 store. However, colors or product appearance may differ from how they appear on your screen due to the device you use and its settings.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.
All descriptions of products 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 quantities offered 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. Oakland Always reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Oakland Always confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it. Because many Oakland Always products are made to order, we may be unable to accommodate cancellation or modification requests after an order has entered production.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided with the order.
Your purchases are subject to our Return and Refund Policy, available on this website.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect when the order is placed and will be set out in your order confirmation. Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs or import charges.
We may offer promotions that 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 promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account and other information so that we can complete transactions and contact you as needed.
You represent and warrant that the payment information you provide is true, correct and complete, that you are authorized to use the payment method provided, and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.
SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, incorrect or incomplete shipping information provided by the customer, or other events outside our reasonable control.
Please review our Shipping Policy, available on this website, for additional information.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, video, audio, and the design, selection and arrangement thereof, are owned by Oakland Always, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent, except as otherwise permitted by law.
Nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of Oakland Always, Shopify or any third party.
Oakland Always names, logos, product and service names, designs and slogans are trademarks or intellectual property of Oakland Always or its affiliates or licensors, as applicable. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. Other names, logos, designs and trademarks appearing through the Services remain the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is at your own risk and discretion.
We may also offer new features through the Services in the future. Such features will be considered part of the Services and subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites.
If you leave the Services to access third-party sites, you do so at your own risk. We are not liable for harm or damages related to your use of third-party websites or your purchase or use of products, services, resources or content available through them.
Please review third-party policies and practices before engaging in transactions with those parties.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Oakland Always is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made through our store are made directly with Oakland Always.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Oakland Always, including injury, damage or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Oakland Always.
SECTION 10 - PRIVACY POLICY
Personal information we collect through the Services is subject to our Privacy Policy, available on this website. Certain personal information may also be subject to Shopify's Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to provide and improve the Services. Information submitted through the Services may be transmitted to and shared with Shopify and other service providers as necessary to provide the Services.
Please review our Privacy Policy for additional information about how personal information is handled.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback for purposes related to operating and promoting the Services.
You represent and warrant that you own or have all necessary rights to Feedback you submit and that your Feedback will not violate the rights of any third party or applicable law.
We may monitor, edit or remove Feedback that we determine in our discretion is unlawful, offensive, threatening, defamatory, obscene, infringing or otherwise objectionable.
You are solely responsible for Feedback you submit and its accuracy.
SECTION 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 availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, subject to applicable law.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not use the Services to violate applicable laws or regulations; infringe intellectual property rights; harass, abuse, threaten or defame others; transmit false or misleading information; distribute spam or malicious software; impersonate another person or entity; collect personal information about others unlawfully; interfere with the operation or security of the Services; or engage in conduct that restricts another person's use or enjoyment of the Services.
You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services except as expressly permitted by us.
We reserve the right to suspend or terminate access to the Services if we determine that these Terms have been violated.
SECTION 14 - AUTOMATED ACCESS
Automated systems, agents, bots, scraping tools or similar technologies may not access, use or interact with the Services in a manner that circumvents security measures, access restrictions, CAPTCHAs, robot exclusion protocols or other measures intended to control automated access.
We may limit or block automated access to the Services at our discretion.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any portion thereof, in our discretion, subject to applicable law.
You will remain responsible for amounts due through the date of termination.
Provisions that by their nature should survive termination will continue to apply.
SECTION 16 - DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided "as is" and "as available" without representations, warranties or conditions of any kind, either express or implied, except as expressly stated by Oakland Always or required by law.
We do not guarantee that use of the Services will be uninterrupted, timely, secure or error-free.
Some jurisdictions limit or prohibit certain warranty disclaimers, so portions of this section may not apply to you.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, OAKLAND ALWAYS AND ITS AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
SECTION 18 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Oakland Always, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, losses or liabilities arising from your material breach of these Terms, violation of applicable law, or violation of the rights of a third party.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severed from these Terms.
The validity and enforceability of the remaining provisions will not be affected.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms and policies posted on this website constitute the agreement between you and us concerning your use of the Services and supersede prior agreements concerning the Services.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent.
We may transfer or assign our rights and obligations under these Terms as permitted by applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with applicable laws of the State of California and applicable federal laws of the United States.
SECTION 23 - HEADINGS
Headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service on this website.
We reserve the right to update, change or replace portions of these Terms by posting updates to our website. When required by applicable law, we will provide notice of material changes.
Your continued use of the Services following the effective date of changes constitutes acceptance of the revised Terms to the extent permitted by applicable law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service may be sent to:
Oakland Always
shopoaklandalways@gmail.com