TERMS OF SERVICE

GENERAL INFORMATION

Welcome to Avenzza. The terms “we,” “us,” and “our” refer to Avenzza. Avenzza operates this store and website, including all information, content, features, tools, products, and related services to provide you, the customer, with a curated shopping experience (the “Services”). Avenzza uses Shopify technology, which enables us to provide the Services.

The following terms and conditions, together with any policies referenced in this document (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 warranties, 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 with these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence and that you have given your consent for any minor dependents under your care to use the Services on devices that 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 required 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 us is accurate, current, and complete and that you have all necessary rights to provide such information.

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

SECTION 2 — OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online store. However, please note that the colors or appearance of a product may differ from how they appear on your screen depending on the type of device you use to access the store and its settings.

We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be exactly as shown or presented in our online store.

All product descriptions may be modified at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction, individually.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Avenzza reserves the right to accept or reject your order for any reason, subject to applicable law. Your order will not be accepted until Avenzza confirms its acceptance.

We must receive and process your payment before accepting your order. You should carefully review your order before completing your purchase, as Avenzza may not be able to process a cancellation request after an order has entered fulfillment or shipping.

If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you through the email address, billing address, or telephone number you provided when the order was placed.

You may return or exchange your purchase in accordance with our Return & Refund Policy.

You represent and warrant that your purchase is for personal or household use and not for resale or commercial export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without prior 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 indicated in the order confirmation sent to you by email.

Unless expressly stated otherwise, published prices may not include applicable taxes, shipping, handling, customs duties, import charges, or other fees imposed by the destination country.

Prices published in our online store may differ from prices offered by third parties. We may occasionally offer promotions through the Services that may affect pricing and that may be governed by terms and conditions different from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will apply.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, payment information, and expiration dates, so that we can complete your transactions and contact you as necessary.

You represent and warrant that:

(i) the payment information you provide is true, accurate, and complete;

(ii) you are duly authorized to use the payment method for the purchase;

(iii) the charges you incur will be accepted by your payment provider; and

(iv) you will pay all charges incurred at the published prices, including applicable shipping charges, handling charges, and taxes, where applicable.

SECTION 5 — SHIPPING AND DELIVERY

We make reasonable efforts to process and ship orders within the delivery timeframe communicated at checkout or on our website.

Delivery times are estimates only unless a specific delivery date or timeframe is expressly guaranteed.

We are not responsible for delays caused by shipping carriers, customs procedures, weather, natural disasters, governmental actions, strikes, or other events beyond our reasonable control.

However, nothing in these Terms limits any mandatory consumer rights relating to delivery, non-delivery, delayed delivery, cancellation, refund, or other remedies required by applicable law.

Risk of loss and responsibility for delivery will be determined in accordance with applicable law.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are the property of Avenzza, its affiliates, or licensors and are protected by U.S. and foreign patents, copyrights, and other intellectual property laws.

These Terms allow you to use the Services solely for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of Avenzza, Shopify, or any third party.

Unauthorized use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Avenzza.

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

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 appearing in the Services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided with access to third-party customer tools as part of the Services that we do not monitor, control, or have any input into.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without any endorsement.

We will have no liability arising from or related to your use of optional third-party tools, except where otherwise required by applicable law.

Any use you make of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms under which such tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services, including the launch of new tools and resources. These new features will also be 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 third-party embedded functionality.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access.

If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.

We will not be responsible for any damage or loss related to your access to any third-party website or your purchase or use of any product, service, resource, or content on any third-party website, except where liability cannot legally be excluded.

Please carefully review the third party's policies and practices and make sure you understand them before entering into 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

Avenzza operates using Shopify technology, which enables us to provide the Services.

However, any sale or purchase you make through our store is conducted directly with Avenzza.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Avenzza, including any injury, damage, or loss resulting from the purchase of products and services.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchase and transaction with Avenzza.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify's Privacy Policy, which can be found on Shopify's website.

By using the Services, you acknowledge that you have reviewed our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and third-party service providers who may be located in countries other than your country of residence for the purpose of providing the Services.

Please review our Privacy Policy for additional information about how Avenzza, Shopify, and our service providers use personal information.

SECTION 11 — COMMENTS

If you submit, upload, publish, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively referred to as “Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium and for any purpose, including commercial purposes.

We may use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that:

(i) you own or have all necessary rights to all Comments;

(ii) you have disclosed any compensation or incentive received in connection with submitting your Comment; and

(iii) your Comment complies with these Terms.

We have no obligation to:

(1) maintain the confidentiality of your Comment;

(2) pay compensation for your Comment; or

(3) respond to your Comment.

We may, but are not obligated to, monitor, edit, or remove Comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate the intellectual property rights of any party or these Terms of Service.

You agree that your Comment will not infringe upon any rights of any third party, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights.

You further agree that your Comment will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor contain any computer virus or other malware that could 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 regarding the origin of any Comment.

You are solely responsible for any Comment you make and its accuracy. We assume no responsibility for any Comment posted by you or any third party.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or through the Services may contain 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 or cancel orders if any information is inaccurate, subject to applicable law.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any international, federal, provincial, state, or local regulation, rule, law, or ordinance;

(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;

(e) to transmit false or misleading information;

(f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms;

(g) to transmit or procure the transmission of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by any person, or that may harm Avenzza, Shopify, or users of the Services.

In addition, you agree not to:

(a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;

(c) collect or track the personal information of others;

(d) spam, phish, pharm, or pretext the Services;

(e) use robots, spiders, scraping tools, data collection or extraction tools, automated processes, AI agents, or other automated or manual means to access the Services in violation of applicable law or our stated restrictions; or

(f) interfere with, circumvent, or bypass security or authorization features, robot exclusion protocols, or other measures we use to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time if we reasonably determine that you have violated these Terms, subject to applicable law.

SECTION 14 — AGENTS

14.1 This section (“Agent Terms”) applies if you use, permit, enable, or cause the implementation of an Agent to access, use, or interact with any Service.

“Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or entity and that may operate on behalf of or using a person's device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in accordance with the requirements of Section 14.4 below.

In addition, no Agent may access, use, or interact with any Service if we have requested that the Agent refrain from accessing, using, or interacting with any Service.

14.3 We may limit, including through technical measures, the access, use, and interaction of any Agent with the Services and how it does so.

14.4 Agents must:

(i) in every HTTP/HTTPS request, identify that the request originates from an Agent and disclose the Agent's name, including the following in the user-agent field: “Agent/[agent name]”;

(ii) not conceal or create confusion about whether access, use, or interaction originates from an Agent, including by imitating human behavior or interaction patterns or bypassing CAPTCHAs or similar measures;

(iii) respond truthfully to any question or instruction intended to determine whether interactions originate from a human or a computer; and

(iv) not circumvent or otherwise evade measures designed to block, limit, modify, or control whether Agents access, use, or interact with the Services.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion where permitted by applicable law, and you will remain responsible for all amounts owed through the date of termination.

The following sections will continue to apply after termination: Intellectual Property, Comments, 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 16 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes only.

We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

We disclaim liability arising from reliance placed on such materials to the maximum extent permitted by applicable law.

UNLESS AVENZZA EXPRESSLY STATES OTHERWISE, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

THIS INCLUDES, TO THE EXTENT PERMITTED BY LAW, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, COMMERCIAL 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 EXCLUSION OF IMPLIED WARRANTIES OR OTHER DISCLAIMERS. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT RIGHTS THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED.

SECTION 17 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVENZZA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, COST OF REPLACEMENT, OR SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS LIMITATION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING ANY MANDATORY CONSUMER RIGHTS OR LIABILITY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Avenzza, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys’ fees, arising from:

(1) your violation of these Terms of Service or documents incorporated by reference;

(2) your violation of applicable law or the rights of a third party; or

(3) your misuse of the Services.

This indemnification obligation applies only to the extent permitted by applicable law.

We will notify you of any indemnifiable claim where reasonably practicable. You agree to cooperate in the defense of such claims.

SECTION 19 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will nevertheless be enforced to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service.

Such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service and any policy or operating rule posted by us on this website or in connection with the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreement, communication, or proposal, whether oral or written, between you and us, including any prior version of these Terms of Service.

Any ambiguity in the interpretation of these Terms of Service will not be interpreted against the party that drafted them.

SECTION 21 — 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 attempt to do so will be void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice, where permitted by applicable law.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreement through which we provide Services will generally be governed by the laws applicable to Avenzza's principal place of business, except where mandatory consumer protection laws provide otherwise.

Nothing in these Terms is intended to limit or waive any mandatory consumer rights that apply to customers in their country, state, province, or territory of residence.

To the extent permitted by applicable law, disputes may be subject to the jurisdiction of the courts located in the jurisdiction where Avenzza's principal place of business is located.

SECTION 23 — HEADINGS

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

SECTION 24 — CHANGES TO THE TERMS OF SERVICE

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

We reserve the right, at our sole discretion and subject to applicable law, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to review our website periodically for changes.

We will notify you of material changes when required by applicable law, and such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services after changes to these Terms of Service have been posted constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Avenzza
Email: jellydream27@gmail.com