Terms of service

OVERVIEW
Welcome to Spirits Select! The terms "we", "us" and "our" refer to Spirits Select. Spirits Select 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"). Spirits Select is powered by Shopify, which enables us to provide the Services to you.
The below 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 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 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 stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores 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 of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device 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 be the same as depicted or rendered in our online stores.
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.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Spirits Select reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Spirits Select confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Spirits Select may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own 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 stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is 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, 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 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 and handling charges and all applicable taxes, if any.

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. Risk of loss or damage to goods will pass in accordance with applicable consumer protection law.

SECTION 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 Spirits Select, 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 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 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 Spirits Select, Shopify or any third party. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Spirits Select.
Spirits Select's names, logos, product and service names, designs, and slogans are trademarks of Spirits Select or its affiliates or licensors. You must not use such trademarks without the prior written permission of Spirits Select. Shopify's 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 Services are the trademarks of their respective owners.

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 have any control nor input.
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 have no liability whatsoever arising from or relating to your use of optional third-party tools, except where such liability cannot be excluded under applicable law.
Any use by you of the 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 deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access, except as required by applicable law. If you decide to leave the Services to access these materials or third-party sites, you do so at your own discretion.
We are not liable for harm or damages related to your access of third-party websites, or your purchase or use of products, services, resources, or content on third-party websites, except where liability cannot be excluded under applicable law. Please review carefully the third party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Spirits Select is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Spirits Select. By using the Services, you acknowledge and agree that Shopify is not the seller of products purchased from Spirits Select and is not responsible for fulfilling orders placed with Spirits Select, except to the extent otherwise required by applicable law.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, subject to applicable data protection requirements. Review our Privacy Policy for more details on 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, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback to the extent permitted by applicable law and for purposes related to operating, providing, evaluating, enhancing, improving and promoting the Services.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.
We may monitor, edit or remove Feedback where permitted by applicable law if we determine that it is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or violates any party's intellectual property or these Terms.
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 are responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct errors, inaccuracies or omissions and to change or update information as permitted by applicable law. Nothing in this section limits any mandatory consumer rights.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate applicable international, national or local laws or regulations; (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 another person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use material that does not comply with these Terms; (g) to transmit unsolicited advertising or promotional material, including spam; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or exposes Spirits Select, Shopify or users of the Services to liability.
In addition, you agree not to upload or transmit viruses or malicious code; reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services except as permitted by law; unlawfully collect or track personal information; spam, phish, pharm or pretext the Services; or interfere with, bypass or circumvent security or authorization features. We may suspend, disable or terminate access where permitted by applicable law if these Terms are materially violated.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity.
14.2 No Agent may access, use, or interact with Services unless it identifies itself and operates in accordance with the requirements below.
14.3 We may use reasonable technical measures to control whether and how Agents access, use and interact with the Services.
14.4 Agents must not conceal or obfuscate that access or interactions originate from an Agent, circumvent CAPTCHAs or other measures intended to distinguish automated access from human access, provide false information about whether an interaction originates from a human or computer, or circumvent measures intended to control automated access.

SECTION 15 - TERMINATION
We may terminate this agreement or restrict your access to the Services where permitted by applicable law, including in cases of material violation of these Terms. You will remain liable for amounts lawfully due up to the effective date of termination.
Provisions that by their nature should survive termination, including Intellectual Property, Feedback, Limitation of Liability, Indemnification, Severability, Governing Law and Privacy provisions, will continue to apply as appropriate.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes. While we aim to keep information accurate and current, we do not guarantee that all information will always be complete or error-free.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". NOTHING IN THESE TERMS EXCLUDES OR LIMITS WARRANTIES, GUARANTEES, REMEDIES OR OTHER RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE CONSUMER PROTECTION LAW.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPIRITS SELECT AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES, EXCEPT WHERE SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY OR CONSUMER RIGHTS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE POLISH OR EUROPEAN UNION LAW.

SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify Spirits Select and its affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against losses or claims arising from your unlawful use of the Services, material breach of these Terms, or infringement of third-party rights.

SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law and, where necessary, severed without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us in respect of the Services constitute the agreement between you and us regarding use of the Services, subject to any mandatory rights or protections provided by applicable law.

SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise. We may transfer or assign our rights and obligations where permitted by applicable law and subject to