Terms of service
Overview
Welcome to LitonOcell. The terms “we”, “us” and “our” refer to LitonOcell. LitonOcell operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). LitonOcell is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with the policies referenced here (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services. Please read them carefully: they contain important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to comply with these Terms and our Privacy Policy. If you do not agree, you must not use or access the Services.
1. Access and accounts
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence and that you have consented to allow your minor dependants to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our store or purchasing products or services, you may be required to provide information such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide is accurate, current and complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign or license your account to another person.
2. Our products
We make every effort to represent our products and services accurately in our online store. However, colours and product appearance may differ from what you see on screen depending on your device type, settings and configuration.
We do not warrant that the appearance or quality of products or services you purchase will meet your expectations or be the same as depicted or rendered in our online store. Product descriptions may change at any time without notice at our sole discretion. We reserve the right to discontinue products at any time and may limit quantities offered to particular people, regions or jurisdictions on a case-by-case basis.
3. Orders
When you place an order, you are making an offer to purchase. LitonOcell reserves the right to accept or decline your order for any reason at its discretion. An order is not accepted until LitonOcell confirms acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as LitonOcell may be unable to accommodate cancellation requests after acceptance. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when ordering.
Purchases may be returned or exchanged only in accordance with our Refund Policy. You represent and warrant that purchases are for personal or household use and not for commercial resale or export.
4. Prices and billing
Prices, discounts and promotions may change without notice. The price charged is the price in effect when the order is placed, as stated in the order confirmation email. Unless otherwise stated, posted prices exclude taxes, shipping, handling, customs duties and import fees.
Online prices may differ from prices in physical stores or stores operated by third parties. Promotions may affect pricing and be governed by terms separate from these Terms. If promotion terms conflict with these Terms, the promotion terms prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases, and to promptly update your account and other information, including email address, credit card number and expiry date, so that we can complete 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 authorised to use that card for the purchase; (iii) your card issuer will honour the charges you incur; and (iv) you will pay the posted prices and any shipping, handling and applicable taxes.
5. Shipping and delivery
We are not responsible for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Title and risk of loss pass to you when we transfer products to the carrier.
6. Intellectual property
The Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and their design, selection and arrangement, are owned by LitonOcell, its affiliates or licensors and protected by United States and foreign patent, copyright and other intellectual property laws.
These Terms permit use of the Services for personal, non-commercial purposes only. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit materials from the Services. Except as expressly provided, these Terms do not grant any licence or other rights under the patents, trademarks, copyrights or other intellectual property of LitonOcell, Shopify or any third party. Unauthorised use may violate federal and state intellectual property laws. LitonOcell reserves all rights not expressly granted.
The LitonOcell name, logo, product and service names, designs and slogans are trademarks of LitonOcell, its affiliates or licensors and may not be used without LitonOcell’s prior written permission. Shopify’s name, logo, product and service names, designs and slogans are Shopify trademarks. All other names, logos, product and service names, designs and slogans are trademarks of their respective owners.
7. Optional tools
The Services may provide access to customer tools supplied by third parties that we do not monitor, control or influence. You acknowledge and agree that access is provided “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We have no liability arising from or relating to your use of optional third-party tools.
Use of optional tools is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms provided by the relevant third-party provider. New features, tools and resources offered through the Services in future will also form part of the Services and be subject to these Terms.
8. Third-party links
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features. We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you leave the Services to access them, you do so at your own risk.
We are not liable for harm or damage relating to access to third-party websites or the purchase or use of their products, services, resources or content. Review third-party policies and practices carefully before engaging in a transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to that third party.
9. Relationship with Shopify
LitonOcell is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are made directly with LitonOcell. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales between you and LitonOcell, including any injury, damage or loss resulting from products or services purchased. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to purchases and transactions with LitonOcell.
10. Privacy Policy
Personal information collected through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these policies.
Because Shopify hosts the Services, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them. Information you submit is transmitted to and shared with Shopify and third parties, which may be located outside your country of residence, to provide the Services to you. Review our Privacy Policy for details of how we, Shopify and our partners use personal information.
11. Feedback
If you submit, upload, post, email or otherwise transmit ideas, recommendations, feedback, reviews, suggestions, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display it in any medium for any purpose, including commercial use. We may use this licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms.
You represent and warrant that (i) you own or hold all necessary rights to your Feedback; (ii) you have disclosed any compensation or incentive received for submitting it; and (iii) it complies with these Terms. We have no obligation to keep Feedback confidential, compensate you for it or respond to it.
We may, but are not obliged to, monitor, edit or remove Feedback that we determine at our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or to violate another party’s intellectual property or these Terms.
Your Feedback must not violate third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights, or contain defamatory, unlawful, abusive or obscene content, viruses or other malware affecting the Services or related websites. You must not use a false email address, impersonate another person or mislead us or third parties about the origin of Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.
12. Errors, inaccuracies and omissions
Information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct errors, inaccuracies or omissions, change or update information, or cancel orders if information is inaccurate, at any time without prior notice, including after an order has been submitted.
13. Prohibited uses
You may access and use the Services only for lawful purposes. You must not directly or indirectly use or access the Services: (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe our or others’ intellectual property rights; (d) to harass, abuse, insult, harm, defame, slander, intimidate or injure our staff or others; (e) to transmit false or misleading information; (f) to transmit, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to transmit or cause the transmission of advertising or promotional material, including junk mail, chain letters, spam or similar solicitations; (h) to impersonate or attempt to impersonate any person or entity; or (i) to restrict or inhibit another person’s use or enjoyment of the Services, or engage in conduct that, in our judgement, may harm or expose LitonOcell, Shopify or users to liability.
You also agree not to: (a) upload or transmit viruses or malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track others’ personal information; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent security features of the Services, related websites, other websites or the internet. We may suspend, deactivate or terminate your account at any time without notice if we determine that you have violated these Terms.
14. Termination
We may terminate this agreement or your access to all or part of the Services at any time, at our sole discretion and without notice. You remain responsible for all amounts due up to the termination date.
The following provisions 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 survive termination.
15. Disclaimer of warranties
Information made available on or through the Services is for general information only. We do not warrant its accuracy, completeness or usefulness. Reliance on it is at your own risk. We disclaim liability and responsibility arising from reliance on these materials by you, other visitors or anyone informed of their contents.
Except as expressly stated by LitonOcell, the Services and all products provided through them are offered “as is” and “as available”, without any express or implied representation, warranty or condition, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee, represent or warrant that use will be uninterrupted, timely, secure or error-free. Some jurisdictions restrict or do not allow disclaimer of implied or other warranties, so these disclaimers may not apply to you.
16. Limitation of liability
To the fullest extent permitted by law, LitonOcell, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, and Shopify and its affiliates, will not be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, revenue, savings or data, replacement costs or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or products procured through them, or any other claim related to their use, including errors or omissions in content or loss or damage resulting from use of content or products posted, transmitted or otherwise made available through the Services, even if advised of the possibility.
17. Indemnification
You agree to indemnify, defend and hold harmless LitonOcell, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable legal fees payable to third parties, arising from (1) your breach of these Terms or incorporated documents; (2) violation of law or third-party rights; or (3) your access to and use of the Services.
We will notify you of indemnification claims; delayed notice does not relieve your obligations unless you are materially prejudiced. We may control defence and settlement at your expense, including selection of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which must not be unreasonably withheld. You must cooperate in the defence, including by providing relevant documents.
18. Severability
If any provision is determined to be unlawful, void or unenforceable, it will nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed, without affecting the validity or enforceability of remaining provisions.
19. Waiver; entire agreement
Failure to exercise or enforce a right or provision is not a waiver. These Terms and policies or operating rules posted on this site or relating to the Services constitute the entire agreement and understanding between you and us, govern use of the Services, and supersede prior or contemporaneous oral or written agreements, communications and proposals, including previous versions of these Terms. Ambiguities in interpretation will not be construed against the drafting party.
20. Assignment
You may not delegate, transfer or assign this agreement or your rights or obligations under it without our prior written consent; any attempt is void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice.
21. Governing law
These Terms and any separate agreements under which we provide Services are governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction in which LitonOcell is headquartered. You and LitonOcell consent to venue and personal jurisdiction in those courts.
22. Headings
Headings are included for convenience only and do not limit or otherwise affect these Terms.
23. Changes to the Terms of Service
You can review the current version on this page at any time. We reserve the right, at our sole discretion, to update, change or replace parts of these Terms by posting updates and changes on our website. You are responsible for checking periodically for changes. We will notify you of material changes as required by applicable law, and those changes take effect on the date stated in the notice. Continued use of or access to the Services after changes are posted constitutes acceptance of those changes.
24. Contact information
Questions about these Terms should be sent to support@litonocell.com.
The legal business name, business address, telephone number, business registration number and VAT number (if applicable) are being verified for publication. See our Legal notice for business disclosures.