Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to DIYES. The terms “we,” “us,” and “our” refer to DIYES. DIYES operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a carefully selected shopping experience collectively referred to as the “Services.” Our store is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein, collectively referred to as the “Terms of Service” or “Terms,” explain your rights and responsibilities when you access or use the Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover matters including disclaimers of warranties 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 at [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you must not access or use the Services.

SECTION 1 — ACCESS AND ACCOUNTS

By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state, province, or place of residence and that you have given us your consent to allow any minor dependents under your care to use the Services on devices that you own, purchase, or manage.

To use the Services, access or browse our online store, or purchase any products or services offered by us, you may be required to provide certain information, including your email address and billing, payment, and shipping information.

You represent and warrant that all information you provide through our store is accurate, current, and complete and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities carried out under your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make every reasonable effort to display and describe our products and services accurately in our online store. However, please note that colors and product appearances may vary depending on the type of device you use to access the store and your device’s settings and configuration.

We do not guarantee that the appearance or quality of any product or service displayed or offered through our online store will meet your expectations or appear exactly as shown.

All product descriptions may be changed at any time without prior notice and at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products 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. DIYES reserves the right to accept or reject your order for any reason and at its sole discretion.

Your order will not be considered accepted until DIYES confirms its acceptance. Payment must be received and processed before your order can be accepted.

Please review your order carefully before submitting it, as DIYES may not be able to accommodate cancellation requests after an order has been accepted.

If an order is rejected, modified, or canceled, we will attempt to contact you using the email address, billing address, or telephone number provided at the time the order was placed.

Products purchased through our store may only be returned or exchanged in accordance with our Refund Policy, available at [LINK].

You represent and warrant that the products you purchase are intended solely for personal or household use and are not intended for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions may be changed at any time without prior notice.

The price charged for a product or service will be the price displayed at the time the order is placed and will be stated in your order confirmation email.

Unless expressly stated otherwise, displayed prices do not include applicable taxes, shipping fees, handling fees, customs duties, or import charges.

Prices displayed in our online store may differ from prices offered in physical stores or through online or third-party stores operated by other parties.

We may occasionally offer promotions through the Services that affect pricing and are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will apply.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address, credit card numbers, and credit card expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

  1. The credit card information you provide is accurate, complete, and valid.

  2. You are authorized to use the credit card for the purchase.

  3. Charges incurred by you will be honored by your credit card provider.

  4. You will pay all charges at the displayed prices, including applicable taxes, shipping fees, and handling charges.

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 shipping carriers, customs procedures, or circumstances beyond our reasonable control.

Ownership of and risk of loss for the products pass to you once the products have been handed over to the shipping carrier.

SECTION 6 — INTELLECTUAL PROPERTY

The Services, including all trademarks, brand names, text, images, photographs, graphics, product reviews, video and audio content, and the design, selection, and arrangement of such materials, are owned by or licensed to DIYES, its affiliates, or its licensors.

These materials are protected by United States and international patent, copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services solely for your personal and non-commercial use.

Without our prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials available through the Services.

Except as expressly stated in these Terms, nothing contained herein grants you any license or other right under any patent, trademark, copyright, or other intellectual property right belonging to DIYES, Shopify, or any third party.

Unauthorized use of the Services may violate federal, state, and international intellectual property laws.

All rights not expressly granted in these Terms are reserved by DIYES.

The DIYES name, logo, product and service names, designs, and slogans are trademarks belonging to DIYES, its affiliates, or its licensors.

You may not use these trademarks without the prior written permission of DIYES.

The Shopify name, logo, product and service names, designs, and slogans are trademarks belonging to Shopify.

All other names, logos, product and service names, designs, and slogans displayed through the Services are trademarks belonging to their respective owners.

SECTION 7 — OPTIONAL TOOLS

As part of the Services, you may be provided with access to tools offered by third parties that we do not monitor, control, or manage.

You acknowledge and agree that access to such tools is provided on an “as is” and “as available” basis, without any warranties, representations, conditions, or endorsements of any kind.

We will not be liable for any loss, damage, or claim arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk and discretion.

You should ensure that you understand and accept the terms under which such tools are provided by the relevant third-party provider.

We may introduce new features, tools, or resources through the Services in the future. Any such new features will also be considered part of the Services and will be governed by these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

The Services may include materials, links, or embedded functionality provided or operated by third parties.

We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access.

If you leave our Services and access third-party materials or websites, you do so entirely at your own risk.

We are not responsible for any harm, damage, or loss arising from your access to third-party websites or from your purchase or use of any products, services, resources, or content available through those websites.

Please carefully review the policies and practices of any third party and make sure you understand them before entering into a transaction.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately explains Shopify’s relationship with your store and should not be removed or modified.]

DIYES is powered by Shopify, which enables us to provide the Services to you.

However, all purchases and sales made through our store are made directly between you and DIYES.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a transaction between you and DIYES and has no liability for any injury, damage, or loss arising from products or services purchased through our store.

You expressly release Shopify and its affiliates from all claims, damages, losses, and liabilities arising from or relating to your purchases and transactions with DIYES.

SECTION 10 — PRIVACY POLICY

All personal information collected through the Services is governed by our Privacy Policy, available at [LINK].

Certain personal information may also be subject to Shopify’s Privacy Policy, available at [LINK].

By using the Services, you acknowledge that you have read and understood 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 for the purpose of providing and improving the Services.

Information submitted through the Services may be transferred to and shared with Shopify and third parties located in countries other than your country of residence in order to provide the Services to you.

For more information about how your personal information is used by us, Shopify, and our business partners, please review our Privacy Policy at [LINK].

SECTION 11 — FEEDBACK

If you submit, upload, share, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, 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, display, and otherwise use such Feedback in any medium and for any purpose, including commercial purposes.

For example, we may use these rights to operate, provide, evaluate, develop, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You represent and warrant that:

  1. You own or have all necessary rights to the Feedback you submit.

  2. You have disclosed any compensation or incentive received in connection with submitting the Feedback.

  3. Your Feedback complies with these Terms.

We have no obligation to:

  1. Maintain your Feedback in confidence.

  2. Pay compensation for your Feedback.

  3. Respond to your Feedback.

We may, at our sole discretion, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, otherwise objectionable, or in violation of any party’s intellectual property rights or these Terms of Service.

However, we are under no obligation to monitor, edit, or remove such content.

You agree that your Feedback will not violate any third party’s rights, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights.

You further agree that your Feedback will not contain defamatory, unlawful, abusive, obscene, or otherwise objectionable content or any computer virus or other malicious software that may affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third party regarding the source of your Feedback.

You are solely responsible for the Feedback you submit and its accuracy.

We assume no responsibility and accept no liability for Feedback submitted by you or any third party.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Information available through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, and product availability.

If any information is inaccurate, we reserve the right to correct errors, inaccuracies, or omissions and to change, update, or cancel information or orders at any time without prior notice, including after an order has been submitted.

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:

  1. For any unlawful, fraudulent, or malicious purpose.

  2. To violate any international, federal, state, provincial, or local law, regulation, rule, or ordinance.

  3. To infringe or violate our intellectual property rights or the intellectual property rights of others.

  4. To harass, abuse, insult, harm, defame, slander, intimidate, discriminate against, or otherwise harm our employees or any other person.

  5. To submit false or misleading information.

  6. To knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms.

  7. To transmit or arrange for the transmission of advertising or promotional materials, including unsolicited emails, chain letters, spam, or similar solicitations.

  8. To impersonate or attempt to impersonate another person or organization.

  9. To engage in conduct that restricts or prevents another person from using or enjoying the Services or that may, in our judgment, harm DIYES, Shopify, or users of the Services or expose them to liability.

You also agree not to:

  1. Upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services.

  2. Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services.

  3. Collect or track the personal information of others.

  4. Use the Services for spam, phishing, pharming, pretexting, spidering, crawling, scraping, or other deceptive purposes.

  5. Use any robot, spider, scraping tool, data gathering or extraction tool, automated device or process, artificial intelligence tool, including agentic artificial intelligence, or automated or manual method to access the Services.

  6. Interfere with, bypass, circumvent, or defeat security or authorization features, robot exclusion headers, or other measures used to restrict access to the Services.

If we determine that you have violated any part of these Terms, we reserve the right to suspend, disable, or terminate your account at any time and without prior notice.

SECTION 14 — AGENTS

14.1

This section, referred to as the “Agent Terms,” applies whenever you use, permit, enable, or cause an Agent to access, use, or interact with any part of the Services.

An “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of, or at the instruction of, a person or organization and that may operate using a person’s device or on their behalf without direct human supervision.

14.2

No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements set out in Section 14.4 below.

In addition, no Agent may access, use, or interact with the Services if we request that the Agent cease such access, use, or interaction.

14.3

We may limit how and by what means any Agent may access, use, or interact with the Services, including through the use of technical measures.

14.4

Agents must:

  1. Indicate in every HTTP or HTTPS request that the request originates from an Agent and clearly identify the name of the Agent in the user-agent string using the format “Agent/[Agent Name].”

  2. Not conceal or obscure the fact that access, use, or interaction originates from an Agent, including by imitating human behavior or interaction patterns or by completing or bypassing CAPTCHA or other measures intended to distinguish human activity from automated activity.

  3. Respond truthfully to any question or request intended to determine whether an interaction originates from a person or a computer.

  4. Not bypass or otherwise defeat any measure designed to prevent, restrict, modify, or control an Agent’s access to, use of, or interaction with the Services.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services, or any part of the Services, at any time, without notice and at our sole discretion.

You will remain responsible for all amounts owed up to and including the date of termination.

The following sections will survive termination:

  • Intellectual Property

  • Feedback

  • Termination

  • Disclaimer of Warranties

  • Limitation of Liability

  • Indemnification

  • Severability

  • Waiver and Entire Agreement

  • Assignment

  • Governing Law

  • Privacy Policy

Any other provisions that, by their nature, should survive termination will also remain in effect.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information made available through or in connection with the Services is provided for general informational purposes only.

We make no representation or warranty regarding the accuracy, completeness, reliability, or usefulness of such information.

Any reliance you place on such information is entirely at your own risk.

We disclaim all liability arising from reliance on such materials by you, any visitor to the Services, or any person who may become aware of their contents.

EXCEPT WHERE EXPRESSLY STATED BY DIYES, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND.

THIS INCLUDES IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES. ACCORDINGLY, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 17 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIYES, OUR BUSINESS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INJURY, LOSS, OR CLAIM.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER LIABILITY IS BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

THIS INCLUDES, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES ARISING FROM:

  1. Your use of any part of the Services.

  2. Any product obtained through the Services.

  3. Any claim connected in any way with your use of the Services or any product.

  4. Errors or omissions in content published, transmitted, or otherwise made available through the Services.

  5. Any loss or damage resulting from the use of the Services, content, or products, even where we have been advised of the possibility of such damages.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless DIYES, Shopify, and their respective affiliates, business partners, directors, officers, employees, representatives, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, payable to third parties and arising from or relating to:

  1. Your breach of these Terms of Service or any documents incorporated by reference.

  2. Your violation of any law or the rights of a third party.

  3. Your access to or use of the Services.

We will notify you of any claim subject to indemnification.

However, a delay in providing notice will not release you from your obligations unless the delay materially prejudices your ability to respond to the claim.

We may control the defense and settlement of any indemnified claim, including the selection of legal counsel, at your expense.

However, we will not agree to any settlement that imposes a non-monetary obligation on you without your consent, which will not be unreasonably withheld.

You agree to cooperate in the defense of any indemnified claim, including by providing relevant documents and information.

SECTION 19 — SEVERABILITY

If any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision will remain enforceable to the fullest extent permitted by applicable law.

Any unenforceable portion will be deemed severed from these Terms of Service.

Such determination will not affect the validity or enforceability of the remaining provisions.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision contained in these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service, together with all policies and operating rules published by us on the website or in connection with the Services, constitute the entire agreement and understanding between you and us regarding your use of the Services.

These Terms replace all prior or contemporaneous agreements, communications, and proposals, whether oral or written, including any previous versions of these Terms of Service.

Any ambiguity in the interpretation of these Terms will not be interpreted against the party responsible for drafting them.

SECTION 21 — 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.

Any attempted assignment, transfer, or delegation without our prior written consent will be invalid.

We may assign, transfer, or delegate these Terms and our rights and obligations without providing notice to you or obtaining your consent.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements under which we provide the Services to you will be governed by and interpreted in accordance with the laws applicable in the jurisdiction where DIYES has its principal place of business.

You and DIYES consent to the jurisdiction and venue of the federal, state, provincial, or regional courts located in that jurisdiction.

SECTION 23 — HEADINGS

The headings used in these Terms are included solely for convenience and will not limit or otherwise affect the interpretation of these Terms.

SECTION 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, change, or replace any part of these Terms of Service by publishing updates and changes on our website.

It is your responsibility to review our website regularly for changes.

We will notify you of material changes to these Terms in accordance with applicable law.

Such changes will become effective on the date stated in the relevant notice.

Your continued use of or access to the Services after changes to these Terms of Service have been published constitutes your acceptance of those changes.

SECTION 25 — CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

DIYES
Email: info@diyes.co