Terms of service

Overview Welcome to ALWAY TRY SHOP! "We", "us", and "our" refer to ALWAY TRY SHOP. ALWAY TRY SHOP operates this store and website, including all related information, content, functions, tools, products, and services, designed to provide you (the customer) with a carefully crafted shopping experience (hereinafter referred to as the "Service"). ALWAY TRY SHOP is technically supported by Shopify, enabling us to provide you with the Service.

The following terms and conditions, together with any policies referenced herein (collectively, these "Terms of Service" or "Terms"), set forth your rights and responsibilities when using the Service.

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

By visiting, interacting with, or using our Service, you agree to be bound by these Terms of Service and our Privacy Policy [link]. If you do not agree to these Terms of Service or the Privacy Policy, please do not use or access our Service.

Section 1 - Access and Accounts

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 agree that we may allow any of your minor dependents to use our Service on devices owned, purchased, or managed by you.

To use certain aspects of the Service, including accessing or browsing our online store or purchasing any products or services we offer, you may be required 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 accurate, complete, and current, and that you have all necessary rights to provide such information.

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

Section 2 - Our Products

We have made every effort to accurately represent our products and services in our online store. However, please note that due to differences in the type of device you use to access the store and device settings and configurations, the actual color or appearance of the product may differ from what you see on your screen.

We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations, nor that it will be identical to the description or presentation on our online store.

All product descriptions are subject to change without notice. We reserve the right to discontinue any product at any time and may limit the quantity of any product we provide to any person, geographic area, or jurisdiction at our discretion.

Section 3 - Orders

When you place an order, you are making an offer to purchase. ALWAY TRY SHOP reserves the right to accept or reject your order in its sole discretion for any reason. Your order is only confirmed once ALWAY TRY SHOP confirms acceptance. We must receive and process your payment before your order can be accepted. Please carefully review your order before submission, as ALWAY TRY SHOP may not be able to cancel your order once it has been accepted. If we do not accept, modify, or cancel your order, we will attempt to notify you via the email address, billing address, and/or telephone number you provided when placing the order.

Your purchase transactions are only eligible for return or exchange in accordance with our Refund Policy [link].

You represent and warrant that you are making purchases for personal or household use, not for any commercial resale or export purposes.

Section 4 - Prices and Billing

Prices, discounts, and promotional activities are subject to change without notice. The price charged for a product or service is the price in effect at the time you place your order, and price information will be listed in your order confirmation email. Unless otherwise explicitly stated, listed prices do not include taxes, shipping fees, handling fees, duties, or import charges.

Prices listed in our online store may differ from prices offered in physical stores or other stores operated by third parties. We may occasionally offer service promotions that affect pricing, which are governed by separate terms and conditions independent of these Terms. If there is any conflict between the promotion terms and these Terms, the promotion terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to update your account and other information in a timely manner, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you if necessary.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you have the right to use the credit card for purchases, (iii) the charges incurred during the shopping process will be honored by your credit card company, and (iv) you will pay the charges incurred during the shopping process at the listed price, including shipping and handling fees and all applicable taxes (if any).

Section 5 - Shipping and Delivery

We are not responsible for shipping and delivery delays. All delivery times are estimates only, and we cannot guarantee them. We shall not be liable for any delivery delays caused by freight carriers, customs processing, or events beyond our control. Title to the products and risk of loss pass to you when we deliver the products to the freight carrier.

Section 6 - Intellectual Property

Our Service, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, as well as the related design, selection, and arrangement, are owned by ALWAY TRY SHOP, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms only allow you to use the Service for non-commercial personal use. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material of the Service. Except as explicitly provided in these Terms, nothing in these Terms grants or shall be construed as granting you any license or other rights to any patents, trademarks, copyrights, or other intellectual property of ALWAY TRY SHOP, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. ALWAY TRY SHOP reserves all rights not explicitly granted in these Terms.

The name, logo, product and service names, designs, and slogans of ALWAY TRY SHOP are trademarks of ALWAY TRY SHOP or its affiliates or licensors. You may not use such trademarks without the prior written permission of ALWAY TRY SHOP. 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 in the Service are trademarks of their respective owners.

Section 7 - Optional Tools

As part of the Service, you may be provided with access to third-party customer tools, which we do not monitor, control, or intervene in.

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. We shall not be liable for any damages arising out of or in connection with your use of optional third-party tools.

Your use of optional tools provided through the website is at your sole risk and discretion, and you should ensure that you have read and agreed to the terms under which the relevant third-party provider offers the tools.

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

Section 8 - Third-Party Links

The Service may contain materials and website hyperlinks (including any embedded third-party functions) provided or operated by third parties. We are not responsible for checking or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Service to access these materials or third-party websites, you do so at your own risk.

We shall not be liable for any damages or losses arising from or related to your access to any third-party websites, or your purchase or use of products, services, resources, or content on any third-party websites. Please carefully review the policies and practices of third parties and be sure to understand them before conducting any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 9 - Relationship with Shopify

[Merchant Note: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.] ALWAY TRY SHOP is powered by Shopify, enabling us to provide you with the Service. However, any sales and purchase transactions you conduct in our store are completed directly with ALWAY TRY SHOP. By using the Service, you acknowledge and agree that Shopify is not responsible for any matters related to any sales between you and ALWAY TRY SHOP, including any injuries, damages, or losses caused by the purchased products and services. You hereby explicitly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchase actions and transactions with ALWAY TRY SHOP.

Section 10 - Privacy Policy

All personal information we collect through the Service is subject to our Privacy Policy (please view our Privacy Policy [link] here), and certain personal information may be subject to Shopify's Privacy Policy (please view Shopify's Privacy Policy here). By using the Service, you acknowledge that you have read these privacy policies.

Since the Service is hosted by Shopify, Shopify collects and processes personal information about your access and use of the Service to provide and improve the Service. Information you submit to the Service will be transmitted to and shared with Shopify and potentially third parties located outside your country/region to provide you with the Service. Please review our Privacy Policy [link] to learn more about how we, Shopify, and our partners use your personal information.

Section 11 - Feedback

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

You also represent and warrant that: (i) you own or have all necessary rights to submit all Feedback; (ii) you have disclosed any compensation or rewards received for submitting Feedback; and (iii) your Feedback will comply with these Terms. We are not obligated to: (1) keep any Feedback confidential; (2) pay compensation for any Feedback; or (3) respond to any Feedback.

We may (but are not obligated to) monitor, edit, or remove Feedback that we, in our sole discretion, determine to be illegal, offensive, threatening, defamatory, libelous, derogatory, intimidating, harmful, 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 any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or other illegal, humiliating, or obscene content, or any computer viruses or other malicious software that may affect the operation of the Service or any related websites in any way. You may not use a false email address, impersonate any other person, or otherwise mislead us or third parties about the source of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We are not responsible and shall not be liable to you or any third party for any Feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies, and Omissions

Information on our website or Service may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, discounts, product shipping fees, shipping times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders at any time if any information in the Service or any related website is inaccurate, without prior notice (including after you have submitted your order).

Section 13 - Prohibited Uses

You may only access and use the Service for lawful purposes. You may not access or use the Service, directly or indirectly, for the following purposes: (a) illegal or malicious purposes; (b) in violation of any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, humiliate, libel, harm, defame, slander, belittle, threaten, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to transmit, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or cause to be transmitted any advertising or promotional material, including any "spam", "chain letters", "mass unsolicited emails", or any other similar solicitation methods; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or that we determine may harm ALWAY TRY SHOP, Shopify, or Service users or subject them to liability.

In addition, you agree not to engage in the following conduct: (a) upload or transmit viruses or any other type of malicious code, the use of which will or may affect the function or operation of the Service; (b) reproduce, copy, duplicate, sell, resell, or exploit any part of the Service; (c) collect or track the personal information of others; (d) send spam, phish, pharm, use spoofing techniques, use web spiders, scrape, or crawl; or (e) interfere with or bypass the security features of the Service or any related website, other websites, or the Internet. If we determine that you have violated any provision of these Terms, we reserve the right to suspend, disable, or terminate your account at any time without prior notice.

Section 14 - Termination

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

The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other sections that by their nature should survive termination.

Section 15 - Disclaimers

Information provided in or through the Service is for general information purposes only. 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 Service, or by anyone who may be informed of any of its contents.

Except as explicitly stated by ALWAY TRY SHOP, the Service and all products provided through the Service are provided to you "as is" and "as available" without any express or implied representations, warranties, or conditions, 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 Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow disclaimers of implied or other warranties, so the above disclaimers may not apply to you.

Section 16 - Limitation of Liability

To the maximum extent permitted by law, under no circumstances shall ALWAY TRY SHOP, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors be liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising out of your use of any part of the Service or any products purchased through the Service, or any other claims related to your use of the Service or any products, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from the use of the Service or any content (or products) posted, transmitted, or otherwise made available through the Service, even if such possibility has been advised.

Section 17 - Indemnification

You agree to indemnify, defend, and hold harmless ALWAY TRY SHOP, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims or demands made by any third party arising out of or related to (1) your violation of these Terms of Service or the documents incorporated herein, (2) your violation of any law or infringement of third-party rights, or (3) your access and use of the Service (including reasonable attorneys' fees).

We will notify you of any indemnifiable claim, and failure to notify you in a timely manner shall not relieve you of your indemnification obligations unless it materially prejudices you. We may control the defense and settlement of such claims (including the selection of counsel) at your expense, but we will not settle any claim that requires you to assume a non-monetary obligation without your consent (which you may not unreasonably withhold). You shall cooperate in the defense of these claims, including providing relevant documents.

Section 18 - Severability

If any provision of these Terms of Service is deemed illegal, invalid, or unenforceable, such provision shall still be enforced to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 19 - Waiver; Entire Agreement

Our failure 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, together with any policies or operating rules we publish on this website or related to the Service, constitute the entire agreement and understanding between you and us, and supersede any prior or contemporaneous oral or written agreements, communications, and proposals between you and us (including but not limited to any prior versions of these Terms of Service).

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

Section 20 - 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 shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

Section 21 - Governing Law

These Terms of Service and any individual agreements under which we provide the Service shall be governed by and construed in accordance with the federal, state, or local courts of the jurisdiction where ALWAY TRY SHOP is headquartered. You and ALWAY TRY SHOP agree to the exclusive jurisdiction and venue of such courts.

Section 22 - Headings

The headings used in this Agreement are for convenience only and shall not limit or otherwise affect these Terms.

Section 23 - Changes to Terms of Service

You may review the latest version of the Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes on our website at our sole discretion. It is your responsibility to check our website periodically to see if the Terms of Service have been changed. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. If you continue to use or access our website or Service after we post any changes to these Terms of Service, you accept those changes.