Overview
Welcome to BALLKOSS! “We,” “us,” and “our” refer to BALLKOSS. BALLKOSS operates this store and website and provides you with a curated shopping experience, including all related information, content, features, tools, products, and services (the “Services”). BALLKOSS is powered by Shopify and provides the Services to you.
These Terms of Use and all policies referenced herein (collectively, the "Terms of Use" or the "Terms") describe your rights and responsibilities when using the Service.
Please read these Terms of Use carefully, as they contain important information about your legal rights, including disclaimer of warranties and limitations of liability.
By browsing or using our services, you are deemed to have agreed to these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, please do not use or access our services.
Article 1 - Access and Account
By agreeing to these Terms of Use, you represent that you have reached the age of majority in the state or region in which you reside, and that you have given us your consent for any minor dependants to use this service through devices you own, purchase, or control.
In using our services (including accessing or browsing the online store, or purchasing products or services we provide), you may be asked to provide certain information such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide such information.
The customer shall be solely responsible for managing their own account credentials and for all activities conducted under the account. The customer may not transfer, sell, assign, or license their account to any other person.
Article 2 - Our Products
We make every effort to accurately represent our products and services in our online store. However, please note that depending on your device type, settings, and configuration, on-screen colours and the appearance of products may differ from the actual items.
We do not guarantee that the appearance or quality of the products or services purchased by the customer will meet the customer's expectations or match what is displayed in the online store.
Product descriptions may be changed at any time without notice, at our discretion. We reserve the right to discontinue the sale of any product at any time and may, at our sole discretion, limit the quantity of products offered to any particular person, region, or jurisdiction.
Article 3 - Orders
Placing an order constitutes an offer to purchase. BALLKOSS reserves the right, at its discretion and for any reason, to accept or reject your order. Your order is not binding until BALLKOSS confirms its acceptance. Before accepting your order, we must receive and process your payment. Please review your order carefully before confirming it. Once your order has been accepted, BALLKOSS may be unable to accommodate cancellation requests. If we do not accept your order, make changes to it, or cancel it, we will endeavour to notify you by contacting the email address, billing address, and/or phone number provided at the time of ordering.
Returns or exchanges for items you have purchased will only be accepted in accordance with our Refund Policy [LINK].
The customer represents and warrants that the purchased products are intended for personal use by the customer or their household and are not intended for resale or export for commercial purposes.
Article 4 - Prices and Billing
Prices, discounts, and promotions may change without prior notice. Product prices or service fees will be the prices applicable at the time of your order and will be stated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping charges, fees, customs duties, or import charges.
Prices displayed in our online store may differ from prices offered in our physical stores, online stores operated by third parties, or other retail locations. We may from time to time run promotions in connection with the Services, and these promotions may affect pricing and be governed by terms separate from these Terms of Use. In the event of any conflict between the promotional terms and these Terms of Use, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account information and other details, including your email address, credit card number, and expiration date, 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, accurate, and complete; (ii) you are duly authorised to use the relevant credit card for the purchase; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay the posted prices and all charges, including shipping costs, fees, and all applicable taxes.
Article 5 - Shipping and Delivery
We are not responsible for delays in shipping and delivery. Delivery times are estimates only and are not guaranteed. We are not liable for delays caused by the carrier, customs clearance procedures, or any circumstances beyond our control. Title and risk of loss pass to you when the goods are handed over to the carrier.
Article 6 - Intellectual Property Rights
The content of our services (including, but not limited to, trademarks, brands, text, displays, images, graphics, product reviews, videos and audio, as well as the design, selection, and arrangement thereof) is owned by BALLKOSS and its affiliates or licensors, and is protected by United States and foreign patent, copyright, and other intellectual property laws.
Under these Terms of Use, you are permitted to use the Service solely for personal and non-commercial purposes. Without our prior written consent, you must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content on the Service. Except as expressly stated in these Terms, nothing in these Terms shall be construed as granting you any licence or other rights under any patent, trademark, copyright, or other intellectual property rights of BALLKOSS, Shopify, or any third party. Unauthorised use of the Service may violate federal and state intellectual property laws. All rights not expressly granted under these Terms are reserved by BALLKOSS.
The BALLKOSS name, logo, product and service names, designs, and slogans are trademarks of BALLKOSS or its affiliates or licensors. You must not use these trademarks without BALLKOSS's prior written permission. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are trademarks of their respective owners.
Article 7 - Optional Tools
Access to customer tools provided by third parties may be offered as part of the Service, but we do not monitor, control, or have any involvement in their content.
The customer acknowledges and agrees that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement or recommendation. We shall bear no liability whatsoever arising from or related to the customer's use of any third-party tools.
Any use by you of optional tools made available through our site is entirely at your own risk and discretion, and you must ensure that you are fully familiar with and approve of the terms on which the relevant third-party provider makes such tools available.
In the future, we may provide new features through our services (including the provision of new tools and resources). These new features will also be deemed part of the services and will be subject to these Terms of Use.
Article 8 - Third-Party Links
The Services may include materials or hyperlinks to websites provided or operated by third parties (including where third-party functionality is embedded). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. If you leave the Services and access such materials or third-party sites, you do so at your own risk.
We shall bear no liability whatsoever for any damage arising from your access to third-party websites or in connection with your purchase or use of any products, services, resources, or content on third-party websites. Please carefully review and ensure that you understand the relevant third party’s policies and practices before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.
Article 9 - Relationship with Shopify
[Note to merchant: This section accurately reflects the relationship between Shopify and your store and must not be removed or changed.]
BALLKOSS is powered by Shopify and provides services to you. However, all purchases and sales you make in our store are conducted directly with BALLKOSS. By using the service, you acknowledge and agree that Shopify is not responsible for any aspect of the purchases and sales between you and BALLKOSS (including any damage or injury arising from products or services purchased). You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with BALLKOSS.
Article 10 - Privacy Policy
All personal information we collect through the Service is subject to our Privacy Policy (available here: [LINK]). In addition, some personal information is subject to Shopify's Privacy Policy (You can view it here.) may be subject to. By using the service, you acknowledge that you have read these privacy policies.
The services are hosted by Shopify, so Shopify collects and processes personal information regarding your access to and use of the services, and provides and improves the services for you. Information you submit to the services is shared with and transferred to Shopify and third parties who may be located outside your country of residence, and is used to provide the services to you. For more information about how we, Shopify, and our partners use your personal information, please see the Privacy Policy (here: [LINK]).
Article 11 - Feedback
If a customer submits, uploads, posts, emails, or otherwise sends ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), the customer is deemed to have granted us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display the Feedback for any purpose, including commercial use. For example, we may exercise the rights under this licence to operate, provide, evaluate, enhance, improve, and promote the Services, and to perform our obligations and exercise our rights under these Terms of Use.
You also represent and warrant that: (i) you own all rights in the Feedback or otherwise have all necessary rights to it, (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback, and (iii) the Feedback complies with these Terms of Use. We are under no obligation to: (1) keep your Feedback confidential, (2) pay compensation for the Feedback, or (3) respond to the Feedback.
We may, at our sole discretion, monitor, edit, or remove any feedback that we determine to be unlawful, offensive, threatening, abusive, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any third party's intellectual property rights or these Terms of Use, but we are under no obligation to do so.
You agree that your feedback will not infringe any third-party rights, including copyright, trademark rights, privacy rights, publicity rights, or other personal or proprietary rights. You further agree that your feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, and will not contain any computer virus or malware that could affect the operation of the Service or any related website. You must not use a false email address, pretend to be someone else, or otherwise mislead us or any third party as to the origin of any feedback. You are solely responsible for any feedback you submit and its accuracy. We assume no responsibility and accept no liability for any feedback posted by you or any third party.
Article 12 - Errors, Inaccurate Information, and Omissions
On the Service or within the Service, there may be typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, availability, and other matters. We reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, or to cancel orders without prior notice (including after you have submitted your order) if any information on the Service is inaccurate.
Article 13 - Prohibited Matters
Customers shall access and use the Service only for lawful purposes. Customers must not access or use the Service, directly or indirectly, for any of the following purposes: (a) any unlawful or malicious purpose; (b) violation of any international, federal, provincial, state, or local laws or regulations; (c) infringement or violation of our intellectual property rights or those of any third party; (d) harassment, abuse, insult, defamation, slander, libel, intimidation, or other harm against our employees or any other person; (e) transmission of false or misleading information; (f) transmission, receipt, upload, download, use, or reuse of any material that does not comply with these Terms of Use; (g) sending or arranging for the sending of advertising or promotional material (including "junk mail," "chain letters," "spam," or any other similar solicitation); (h) impersonating or attempting to impersonate another person or entity; or (i) engaging in any conduct that restricts or interferes with any person's use or enjoyment of the Service, or that, as determined by us, may harm or expose BALLKOSS, Shopify, or users of the Service to liability.
Furthermore, you agree not to engage in any of the following acts: (a) uploading or transmitting viruses or other malicious code that affects or may affect the functionality or operation of the Service; (b) reproducing, copying, selling, reselling, or otherwise exploiting any part of the Service without authorisation; (c) collecting or tracking the personal information of others; (d) sending spam, phishing, pharming, using false pretences, web crawling, or scraping; or (e) interfering with or circumventing the security features of the Service, any related website, any other website, or the Internet. If we determine that you have violated any provision of these Terms of Use, we reserve the right to suspend, deactivate, or terminate your account without prior notice.
Article 14 - Termination of Agreement
We may, at any time and at our sole discretion, terminate this Agreement or your access to the Service (or any part thereof) without notice, and you will remain responsible for all outstanding amounts due through the date of termination.
The following provisions will continue to apply after termination of the Agreement: intellectual property rights, feedback, termination, warranty disclaimer, limitation of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy policy, and any other provisions that by their nature should survive termination.
Article 15 - Disclaimer of Warranties
The information provided on or through this Service is intended for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. If you rely on such information, you do so entirely at your own risk. We disclaim all responsibility and liability arising from any reliance placed on these materials by you, any other user of this Service, or any third party who may be informed of any of its contents.
Unless BALLKOSS expressly states otherwise, this Service and all products provided through this Service are offered "as is" and "as available" without any representations, warranties, or conditions of any kind, whether express or implied, including merchantability, fitness, suitability 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 the disclaimer of implied warranties or other warranties, so the above disclaimer may not apply.
Article 16 - Limitation of Liability
To the maximum extent permitted by law, in no event shall BALLKOSS, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or Shopify and its affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages (including, but not limited to, lost profits, reduced revenue, lost savings, loss of data, replacement costs, or similar damages) arising from or related to your use of the Service or the use of any products obtained through the Service, whether based in contract, tort (including negligence), strict liability, or any other legal theory. Furthermore, they shall not be liable for any errors or omissions in any content (or products) posted, transmitted, or otherwise made available through the Service, or for any loss or damage of any kind incurred as a result thereof, even if advised in advance of the possibility.
Article 17 - Indemnification Obligation
You agree to indemnify, defend, and hold harmless BALLKOSS, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims paid to any third party (including reasonable attorneys' fees) arising out of or related to the following.
(1) Violation of these Terms of Use or any documents incorporated herein,
(2) Violation of laws or the rights of third parties,
(3) Access to or use of this Service.
We will notify you of any claim subject to indemnification. However, even if we fail to provide prompt notice, that indemnification obligation will not be waived unless you suffer material prejudice as a result. We may manage the defence and settlement of such claim at your expense, including the selection of counsel. However, we will not enter into any settlement imposing non-monetary obligations on you without your consent (provided that such consent is not unreasonably withheld). You shall cooperate in the defence of any indemnified claim, including by providing relevant materials.
Article 18 - Severability
Even if any provision of these Terms of Use is determined to be illegal, invalid, or unenforceable, that provision shall remain in effect to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Article 19 - Waiver and Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use, together with any policies and operating rules posted by us on this site or in connection with the service, constitute the entire agreement and understanding between you and us, and supersede all prior or contemporaneous agreements, communications, and proposals between you and us relating to your use of the service (whether oral or written, including, without limitation, any prior versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafter.
Article 20 - Assignment
The Customer may not delegate, assign, or transfer any of the Customer’s rights or obligations under this Agreement or these Terms of Use without the Company’s prior written consent. Any such attempt shall be deemed null and void. The Company may assign, transfer, or delegate these Terms of Use and the Company’s rights and obligations without the Customer’s consent or notice.
Article 21 - Governing Law
These Terms of Use and any separate agreements relating to the services provided by BALLKOSS shall be governed by and construed in accordance with the laws of the federal and state (or territorial) courts having jurisdiction over BALLKOSS's headquarters location. You and BALLKOSS agree to venue and personal jurisdiction in such courts.
Article 22 - Headings
The headings used in this Agreement are for convenience only and shall not affect the interpretation or application of these Terms of Use.
Article 23 - Amendments to the Terms of Use
You can check the latest Terms of Use on this page at any time.
We reserve the right, at our sole discretion, to update, change, or replace any part or all of these Terms of Use, and will provide notice by posting such updates or changes on our website. You are responsible for checking our website periodically to stay informed of any changes. We will notify you of any material changes to these Terms of Use in accordance with applicable law. Such changes shall take effect from the date specified in the notice. By continuing to use or access the Service after changes to these Terms of Use are posted, you are deemed to have accepted those changes.
Article 24 - Contact Information
For inquiries regarding the Terms of Use, please contact hahahahacchi1224@gmail.com.
Our contact information is as follows.
[Insert company name]
hahahahacchi1224@gmail.com
[Insert business address]
[Insert office phone number]
[Insert business registration number]
[Insert VAT Registration Number]
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