Terms of service

OVERVIEW

Welcome to Sofuna! The terms "we", "us" and "our" refer to Sofuna. Sofuna 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").

The following 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. If you do not agree to these Terms of Service or our 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 that 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 our products or services, 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 in our store 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 activity occurring under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the device you use and your settings or configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be 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. Sofuna reserves the right to accept or decline your order for any reason at its discretion.

Your order is not accepted until Sofuna confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after acceptance. In the event that we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time of order.

Your purchases are subject to return or exchange solely 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.

SECTION 4 - PRICES 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 out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. Prices posted in our online store may differ from prices offered in physical stores or on other websites operated by third parties.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your information, including your email address and credit card details, so that we can complete your transactions and contact you as needed.

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

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, and the design, selection, and arrangement thereof, are owned by Sofuna, 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 may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without prior written consent.

Except as expressly provided herein, 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 Sofuna or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Sofuna.

Sofuna's names, logos, product and service names, designs, and slogans are trademarks of Sofuna or its affiliates or licensors. You may not use such trademarks without prior written permission.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer 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 any warranties or endorsements.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of such tools is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party providers.

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

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites operated by third parties. 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 our Services to access third-party materials or sites, you do so at your own risk. We are not liable for any harm or damages related to your use of or access to third-party websites, products, services, or content.

Please review carefully the third party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

SECTION 9 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read and agree to our Privacy Policy.

SECTION 10 - 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.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with it; and (iii) your Feedback complies with these Terms.

We are under no obligation to (1) maintain Feedback in confidence, (2) pay compensation, or (3) respond. We may monitor, edit, or remove Feedback at our discretion if it violates laws or these Terms.

You agree that your Feedback will not violate any third-party rights or contain unlawful, abusive, obscene, or harmful material. You may not use a false email or mislead us or others regarding the origin of any Feedback. You are solely responsible for the accuracy of your Feedback.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on the Services containing typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or 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 without prior notice (including after you have submitted your order).

SECTION 12 - PROHIBITED USES

You may use the Services only for lawful purposes. You may not use the Services:

(a) for unlawful or malicious purposes;

(b) to violate laws or regulations;

(c) to infringe intellectual property rights;

(d) to harass, abuse, or harm others;

(e) to transmit false or misleading information;

(f) to send spam or malicious code; or

(g) to interfere with the operation or security of the Services.

We reserve the right to suspend or terminate your account if you violate these Terms.

SECTION 13 - TERMINATION

We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections 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 that by their nature should survive termination.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Services and all products and content provided through them are offered "as is" and "as available" without any warranties of any kind, either express or implied. Sofuna does not warrant that the Services will be uninterrupted, error-free, or secure.

In no event shall Sofuna, its affiliates, officers, employees, or agents be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Services or any products purchased through them.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sofuna, its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, and employees from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. This determination shall not affect the validity of the remaining provisions.

SECTION 17 - WAIVER; ENTIRE AGREEMENT

Our failure 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 and any policies posted by us on this site constitute the entire agreement and understanding between you and Sofuna and govern your use of the Services, superseding any prior agreements.

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

SECTION 18 - 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, and any such attempt will be null and void.

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

SECTION 19 - GOVERNING LAW

These Terms of Service and any agreements for the provision of Services shall be governed by and construed in accordance with the laws of the jurisdiction where Sofuna is headquartered.

You and Sofuna consent to venue and personal jurisdiction in such courts.

SECTION 20 - HEADINGS

Headings are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update or change any part of these Terms by posting updates to our website.

It is your responsibility to check periodically for changes. We will notify you of any material changes as required by law. Your continued use of the Services following any updates constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at: support@sofuna.com