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OVERVIEW

Welcome to GHISMAÉ! The terms 'we', 'us' and 'our' refer to GHISMAÉ. GHISMAÉ operates this store and website, including all related information, content, features, tools, products, and services, to offer you, the customer, a personalized shopping experience (the "Services"). GHISMAÉ is powered by Shopify, allowing us to provide the Services to you.

The following terms and conditions, including all policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and address topics such as disclaimers and limitations of liability.

By accessing, 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 to these Terms of Service or the Privacy Policy, access to and use of our Services is prohibited.

ARTICLE 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 control.

To use the Services, including visiting or browsing our stores or purchasing any products or services offered by us, we may require you to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide to our stores is true, current, and complete, and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account login credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to anyone else.

ARTICLE 2 - OUR PRODUCTS

We attempt to be as accurate as possible in the description of our products and services in our stores. However, please note that the colors and appearance of the product may vary from what is displayed on your screen. This is related to the type of device you use to access the store, and the device's settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations, or will match their representation or description in our 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 the quantities of any products that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

ARTICLE 3 - ORDERS

When you place an order, you are making an offer to purchase. GHISMAÉ reserves the right to accept or decline your order, at our sole discretion, for any reason. Your order is not accepted until GHISMAÉ confirms it. We must receive and process your payment before your order is accepted. Please check your order carefully before submitting it. GHISMAÉ may not be able to accommodate cancellation requests after your order is accepted. In the event we do not accept, change, or cancel an order, we may attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.

Returns and exchanges for purchases are only permitted in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or household use, and not for commercial resale or export.

ARTICLE 4 - PRICING AND BILLING

Prices, discounts, and promotions are subject to change without 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 set forth in the confirmation email you receive after your order. Unless explicitly stated otherwise, stated prices do not include taxes, shipping and handling charges, customs duties, and import fees.

The prices displayed in our stores may differ from prices available in physical stores, or in stores or other retailers operated by third parties. We may offer promotions to the Services from time to time that may affect pricing and are governed by terms and conditions separate from these Terms. Should there be a conflict between the terms for 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 made at our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you supply is true, correct, and complete; (ii) you are duly authorized to use the credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

ARTICLE 5 - SHIPPING AND DELIVERY

We are not liable for any delays in shipping and delivery. All delivery times provided are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Title and risk of loss pass to you upon our transfer of the products to the carrier.

ARTICLE 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by GHISMAÉ, its affiliates, or licensors, and are protected by United States and international patent, copyright, and 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 any of the material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing contained herein grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of GHISMAÉ, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state laws governing intellectual property. All rights not expressly granted in these Terms are reserved by GHISMAÉ.

GHISMAÉ's names, logos, product names, service names, design elements, and slogans are trademarks of GHISMAÉ or its affiliates or licensors. You must not use such trademarks without the prior written permission of GHISMAÉ. Shopify's name, logo, product names, service names, design elements, and slogans are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans in the Services are the trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS

You may be provided with access to third-party tools within the Services. We neither monitor nor have any control or input over these tools.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating 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 ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

ARTICLE 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites offered 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 decide to leave the Services to access any such third-party materials or sites, you do so at your own risk.

We are not liable for any harm or damages related to your visit to any third-party websites, or your purchase or use of products, services, resources, or content on any third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANTS: This clause accurately describes Shopify’s relationship with your store and must not be deleted or modified.] GHISMAÉ uses Shopify to allow us to provide the Services to you. However, all sales and purchases you make on our store are handled directly by GHISMAÉ. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspects between you and GHISMAÉ, including injury, damage, or loss resulting from any purchased products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with GHISMAÉ.

ARTICLE 10 - PRIVACY POLICY

Any personal information we collect from you through the Services is subject to our Privacy Policy, which is viewable here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which is viewable here. By using the Services, you confirm that you have read the applicable Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to allow them to provide and improve the Services to you. Information you submit to the Services will be transferred to and shared with Shopify, as well as with third parties who may be located in other countries than where you live, to allow them to provide services to you. Please see our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

ARTICLE 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that (i) you own or have the necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive you received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way 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 third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information. We may also cancel orders if any relevant information is inaccurate at any time without prior notice (including after you have submitted your order).

ARTICLE 13 - PROHIBITED USES

You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, (a) for any unlawful or harmful activity; (b) to violate any international, federal, state, or provincial regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or other persons; (e) to transmit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or re-use any material which does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate GHISMAÉ, a company employee, another user, or any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm GHISMAÉ, 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 type of malicious code that will or may affect the functionality or operation of the Services in any manner; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) to spam, phish, pharm, pretext, spider, crawl, or scrape; and (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice for violating any of the prohibited uses.

ARTICLE 14 - TERMINATION

We may terminate this Agreement or your access to the Services (or any part thereof) at any time, with or without notice, at our sole discretion. You will remain liable for all amounts due up to and including the date of termination.

The following clauses 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 provisions which by their nature should survive termination.

ARTICLE 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY ATHIRA, THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE 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. AS SUCH, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

ARTICLE 16 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL ATHIRA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, 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 OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

ARTICLE 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless GHISMAÉ, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any and all costs relating to losses, damages, liabilities, or claims, including reasonable legal fees, paid to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate 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 promptly of any claim that is eligible for indemnification, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced by such failure. We may, at your expense, assume control of the defense and settlement of any such claim, including the hiring of counsel, but will not settle any claim requiring you to pay monetary obligations without your consent (which may not be unreasonably withheld). You will cooperate with the defense of any claim that is eligible for indemnification, including by providing relevant documentation.

ARTICLE 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 19 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 20 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms to others without our prior written consent, and any attempted delegation, transfer, or assignment will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

ARTICLE 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or provincial courts in the jurisdiction where GHISMAÉ maintains its principal office. You and GHISMAÉ consent to the jurisdiction and venue of such courts.

ARTICLE 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service. We will post updates and changes on our website. It is your responsibility to check our website periodically for changes. We will provide you notice of material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued access to or use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.