Terms of service
GENERAL PROVISIONS
Welcome to Lina Burduk! The terms "we", "us" and "our" refer to Lina Burduk. Lina Burduk operates this store
and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping
experience (the "Services"). Lina Burduk operates on the Shopify platform, which allows us to provide the Services to you.
The following terms and
conditions, together with any documents they expressly incorporate by reference (collectively, "these Terms of Service" or "Terms"), govern your rights
and obligations when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal
rights and cover areas such as disclaimers of warranties and limitations of liability.
By accessing, interacting with, or using any of the
Services, you agree to comply with these Terms of Service and our Privacy Policy. If you disagree with these Terms of Service or the Privacy Policy,
then you should not use or access the 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 that you own, purchase, or otherwise
control.
To use the Services, including accessing or browsing our online stores, or purchasing any product or service we offer, you may be asked
to supply certain information, such as your email address, payment details, and shipping information. You represent and
warrant that all information you submit in our stores is true, current, and complete, and that you have all rights necessary to
submit this information.
You are solely responsible for maintaining the security of your account credentials and for all
activity that occurs on your account. You may not transfer, sell, assign, or license the use of your account to any
other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to accurately present our products and services in
our online stores. However, please note that the colors or appearance of a product may differ from how they display on your screen, due to the type
of device you are using, as well as its settings and configuration.
We do not guarantee that the appearance or quality of any products or
services you purchase will meet your expectations or be the same as depicted or shown in our online stores.
All product descriptions may be
changed at any time without prior notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any
time and may limit the quantities of any products offered to any person, geographic region, or jurisdiction on an individual basis.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Lina Burduk reserves the right to
accept or decline your order for any reason at its discretion. Your order is not considered accepted until Lina Burduk confirms its acceptance. We
must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as
Lina Burduk may not be able to accommodate cancellation requests once an order has been accepted. In the event that we do not accept your order,
modify it, or cancel it, we will attempt to notify you by contacting the email, billing address, and/or phone number provided when the
order was placed.
Returns or exchanges of your purchases are governed solely by our Return Policy.
You represent and warrant that your
purchases are intended for personal or household use, and not for commercial resale or export.
SECTION 4 — PRICING AND
PAYMENT
Prices, discounts, and promotions may change without prior 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 stated in the order confirmation email. Unless expressly stated otherwise, published
prices do not include taxes, shipping, handling, customs, or import charges.
Prices published in our online stores may differ from prices
offered in physical stores or in online or other stores operated by third parties. We may from time to time offer promotions on the Services that
may affect pricing and that are governed by terms separate from these Terms. If a conflict arises between the terms of a promotion and these Terms,
the terms of the promotion will apply.
You agree to provide current, complete, and accurate purchase, payment, and account information when
making all purchases in our stores. You agree to promptly update your account details and other information, including your email address, credit
card numbers, and their expiration dates, so that we can complete your transactions and contact you if needed.
You represent and warrant that
(i) the credit card information you provide is genuine, correct, and complete, (ii) you have proper authorization to use such credit card to make
the purchase, (iii) charges you incur will be honored by your credit card issuer, and (iv) you will pay the charges you incur at the stated prices,
including shipping and handling charges and all applicable taxes, if any.
SECTION 5 — SHIPPING
We
are not responsible for shipping delays. All shipping timeframes are estimates and are not guaranteed. We are not responsible for delays
caused by carriers, customs clearance, or circumstances beyond our control. Once goods are handed over to the carrier, title and risk of loss
transfer to you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including, without
limitation, all trademarks, brands, text, images, graphics, product reviews, video and audio materials, as well as their design, selection and
arrangement, belong to Lina Burduk, its affiliates or licensors, and are protected by patent, copyright, and other intellectual property law
of the United States and other countries.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You must
not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any
materials from the Services without our prior written consent. Except as expressly provided in these Terms, nothing in them grants or should be
construed as granting a license or any other rights to any patent, trademark, copyright, or other intellectual property of Lina Burduk, Shopify, or
third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property law. All rights not expressly
granted herein are reserved by Lina Burduk.
The names, logos, product and service names, designs, and slogans of Lina Burduk are trademarks of
Lina Burduk, its affiliates, or licensors. You must not use such trademarks without Lina Burduk's prior written permission. The name, logo, product
and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and
slogans featured within the Services are trademarks of their respective owners.
SECTION 7 — SUPPLEMENTARY TOOLS
You
may be given access to third-party tools offered within the Services that we do not control and do not monitor.
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 from us. We bear no liability whatsoever 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, and you should make sure you are familiar with and agree to
the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features within the
Services (including the release of new tools and resources). Such new features will also be deemed part of the Services and subject to these Terms
of Service.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided
or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or
accuracy of any third-party materials or websites you choose to access. If you choose to leave the Services to access such materials or
third-party sites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to any third-party
websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please carefully review third
parties' policies and practices and make sure you understand them before entering into any transaction. Complaints, claims, questions, or other
inquiries regarding third-party products and services should be directed to those third parties directly.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Lina Burduk operates on the Shopify platform, which allows us to provide the Services to you. However, any sales and purchases you make in our
Store are made directly with Lina Burduk. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the
sales between you and Lina Burduk, including any harm, damage, or loss arising from products and services purchased. You hereby expressly release
Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchases and transactions with
Lina Burduk.
SECTION 10 — PRIVACY POLICY
All personal information that we collect through the Services is
governed by our Privacy Policy, available here, and certain personal information may also be governed by Shopify's Privacy Policy, available here. By using the Services, you confirm that you have read these privacy
policies.
Because the Services are hosted on the Shopify platform, Shopify collects and processes personal information about your access to
and use of the Services in order to provide and improve the Services for you. Information that you provide to the Services will be transmitted to
and shared with Shopify, as well as third parties who may be located in countries other than your country of residence, for the purpose of
providing you with the services. Please review our privacy policy for more details on how we, Shopify, and our partners use your personal
information.
SECTION 11 — FEEDBACK
If you send, upload, post, email, or otherwise transmit any ideas,
suggestions, feedback, reviews, plans, or other content (collectively referred to as "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. We may, for example, use our rights under this license to operate, provide, evaluate, expand, improve, and promote the
Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own
or otherwise hold all rights necessary to any Feedback; (ii) you have disclosed any compensation or incentives received in connection with
providing your Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to (1) keep your Feedback
confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or
remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise
objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not
violate any rights of third parties, including copyrights, trademarks, privacy rights, personal or other rights of personality, or property
rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, offensive, or obscene material, nor will it contain
computer viruses or other malicious software capable of affecting the operation of the Services or any related website in any way. You may not use
a false email address, impersonate any other person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely
responsible for any Feedback you provide and its accuracy. We bear no responsibility and assume no obligations with respect to Feedback posted by
you or by any third party.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
From time to time there may be information on the Services that contains typographical errors, inaccuracies, or omissions, which may relate
to product descriptions, prices, promotions, offers, product shipping costs, delivery 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 turns out to be inaccurate, at any
time without prior notice (including after you have placed 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 local regulations, rules, laws, or ordinances; (c) to infringe our
intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, humiliate, harm, defame, disparage,
intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to send,
knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or arrange the sending of
any advertising or promotional materials, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or
attempt to impersonate another person or organization; or (i) to engage in any other conduct that restricts or hinders anyone's use or enjoyment of
the Services, or which, in our determination, may harm Lina Burduk, 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 malicious code that is used or could be used in any way that affects the
functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any part of the
Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, or pretexting with respect to the
services; (e) use any robots, spiders, scraping, data collection or extraction tools, automated devices or processes, AI tools (such as agentic
AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or overcome security or authorization measures, robot
exclusion headers, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or close your account at
any time without prior notice if we determine that you have violated any part of these Terms.
SECTION 14 —
AGENTS
14.1 This section (the "Agent Terms") applies if you use, allow, enable, or otherwise initiate the deployment of an Agent to
access, use, or interact with the Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of
or at the direction of any person or organization, and which may act on behalf of a user or through their device without their direct
control.
14.2 No Agent may access, use, or interact with the Services unless it persistently identifies itself and acts in strict compliance
with the requirements of section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have asked that
Agent to refrain from accessing, using, or interacting with any service.
14.3 We may restrict, including through technical means, whether any
Agent accesses, uses, or interacts with the Services, and how it does so.
14.4 Agents are required to: (i) indicate in all HTTP/HTTPS
requests that the request originates from an Agent, and disclose the Agent's name by including the following in the request's user agent string:
"Agent/[agent name]"; (ii) not disguise or mask the fact that the access, use, or interaction originates from an Agent, including by (a) mimicking
human behavior and interaction patterns, or (b) passing or bypassing CAPTCHAs or other measures designed to distinguish computer use from human
use; (iii) truthfully answer any questions or requests aimed at determining whether an interaction originates from a human or a computer; (iv) not
bypass or otherwise avoid any measures designed to block, restrict, alter, or control whether Agents access, use, or interact with the Services,
and how they do so.
SECTION 15 — TERMINATION
We may terminate this agreement or your access to the Services (or
any part thereof) at our sole discretion at any time without prior notice, and you remain obligated to pay all amounts owed up to and including the
date of termination.
The following sections continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer
of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any
other provisions that by their nature should survive termination.
SECTION 16 — DISCLAIMER OF WARRANTIES
The
information presented on or through the Services is provided solely for general informational purposes. We do not guarantee the accuracy,
completeness, or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim any
liability arising from reliance on such materials by you or any other visitor to the Services, or by any person who becomes aware of their
contents.
EXCEPT AS EXPRESSLY STATED BY Lina Burduk, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY
RIGHTS. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT 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 THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Lina Burduk, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS,
SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY OR ITS AFFILIATES' RESPECTIVE PERSONNEL, BE LIABLE FOR ANY HARM, DAMAGES, CLAIMS, 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 ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR
OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE
OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, 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 THROUGH THE SERVICES, EVEN IF
THEY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 — INDEMNIFICATION
You agree to indemnify,
defend, and hold harmless Lina Burduk, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and
service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party as a result of
or arising from (1) your breach of these Terms of Service or the documents incorporated into them by reference, (2) your violation of any law or
the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, and
untimely notice will not relieve you of your obligations unless it materially prejudices your interests. We may control the defense and settlement
of such a claim at your expense, including the choice of counsel, but we will not settle any claim requiring a non-monetary obligation from you
without your consent (which may not be unreasonably withheld). You will cooperate in the defense against claims subject to indemnification,
including by providing relevant documents.
SECTION 19 — SEVERABILITY
In the event that any provision of these
Terms of Service is found to be unlawful, void, or unenforceable, that 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 a determination shall not affect the
validity and enforceability of the remaining provisions.
SECTION 20 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or
provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service constitute the
entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements,
communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior 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 21 — ASSIGNMENT
You may not transfer, assign, or delegate this Agreement or any of your rights or obligations under these Terms without our prior written
consent, and any such attempt will be deemed null and void. We may transfer, assign, or delegate these Terms and our rights and obligations
without your consent or notice.
SECTION 22 — GOVERNING LAW
These Terms of Service and any separate agreements
under which we provide you the Services are governed by and construed in accordance with federal law and the law of the state or territory, and
disputes will be heard in the federal and state or territorial courts located in the jurisdiction of Lina Burduk's principal place of business. You
and Lina Burduk consent to the venue and personal jurisdiction of such courts.
SECTION 23 — HEADINGS
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 24 — CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service on this page at any
time.
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 on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to
these Terms in accordance with applicable law, and such changes will take effect as of the date stated in the notice. Your continued use of or
access to the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.
SECTION 25 — CONTACT INFORMATION
Questions about the Terms of Service should be directed to us at
linaburdukdmt@gmail.com.