Terms and Conditions
Welcome to IZIGadgets!
The terms "we," "us," and "our" refer to IZIGadgets. IZIGadgets operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). IZIGadgets is powered by Shopify to enable us to provide the Services to you.
The following terms and conditions, including any policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and address topics such as disclaimers and limitations of liability.
By accessing, interacting with, or using our Services, 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, you are not permitted to access or use our Services.
ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age in your state or province of residence and that you have given us permission to allow any minor dependents to use the Services on devices you own, purchase, or control.
In order to use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account login information and for all activity on your account. You may not transfer, sell, assign, or license your account to anyone else.
ARTICLE 2 - OUR PRODUCTS
We strive to provide the most accurate descriptions of our products and services in our online stores. However, please note that the colors and appearance of the product may differ from how they appear on your screen. This is due to the type of device you use to access the store and the settings and configuration of your device.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the image or description in our online store.
All product descriptions are subject to change at any time and without 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 products we offer per person, geographic region, or jurisdiction on a case-by-case basis.
ARTICLE 3 - ORDERS
When you place an order, you make an offer to purchase. IZIGadgets reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only accepted once IZIGadgets has confirmed it. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it. IZIGadgets may not be able to honor a cancellation request after your order has been accepted. In the event we do not accept an order, make a change to it, or cancel it, we will attempt to notify you by contacting you at the email address, billing address, and/or phone number you provided during the ordering process.
You can only return or exchange purchases in accordance with our refund policy [LINK].
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
ARTICLE 4 - PRICES AND BILLING
Prices, discounts, and promotions 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. This price is stated in the confirmation email you receive after your order. Unless expressly stated otherwise, listed prices exclude taxes, shipping costs, handling charges, customs duties, and import duties.
Prices displayed in our online stores may differ from prices in physical stores, online stores, or other stores operated by third parties. We may occasionally offer promotions for the Services that may affect pricing and are subject to terms and conditions separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and credit card expiration dates, if any changes occur, 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 authorized to use the credit card for purchases; (iii) your charges will be approved by the credit card company; and (iv) you will pay all charges you incur according to the displayed prices, including shipping, handling, and any applicable taxes, if applicable.
ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Upon delivery of the products to the carrier, title and risk of loss pass to you. ARTICLE 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 the property of IZIGadgets, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws of the United States and other countries.
These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written permission. Except as expressly provided in these Terms, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of IZIGadgets, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by IZIGadgets.
The IZIGadgets names, logos, product names, service names, design elements, and slogans are trademarks of IZIGadgets or its affiliates or licensors. You may not use such trademarks without the prior written permission of IZIGadgets. The Shopify name, logo, product names, service names, design elements, and slogans are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.
ARTICLE 7 - OPTIONAL TOOLS
You may have access to customer tools provided by third parties as part of the Services. We do not monitor, control, or influence these tools.
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 for any harm arising from or relating to your use of optional third-party tools.
You use optional tools offered through the site entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
SECTION 8 - LINKS TO THIRD PARTIES
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 any third-party materials or websites you choose to access. If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk.
We are not liable for any damages or injuries related to your visit to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party website. Please carefully review the third-party's policies and practices and make sure you understand them before engaging in any transaction. If you have any complaints, claims, concerns, or questions regarding third-party products and services, you should contact the applicable third party directly.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
IZIGadgets uses Shopify to provide you with the Services. However, all sales and purchases you make in our store are handled directly with IZIGadgets. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related matter between you and IZIGadgets, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with IZIGadgets.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you acknowledge that you have read that Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than your home country, so that they can provide you with the Services. Please read our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.
ARTICLE 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 perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may use our rights under this license, for example, to operate, provide, evaluate, improve, and promote the Services, and to perform our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed all compensation or incentives received in connection with your Feedback submission; and (iii) your Feedback complies with these Terms. We are and will not be obligated to (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove any Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise unacceptable, or violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate the rights of any third party, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You further agree that your Feedback will not contain any libelous or otherwise unlawful, defamatory, or obscene material, or any computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for the Feedback you submit and its accuracy. We are not responsible and assume no liability for any Feedback posted by you or any third party.
ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information provided on or in the Services may contain typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information. We may also cancel orders if any relevant information is inaccurate at any time without prior notice (including after you have submitted an order).
ARTICLE 13 - PROHIBITED USES
You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services (a) for any illegal or harmful activity; (b) to violate any international, national, federal, or provincial law, regulation, ordinance, or local ordinance; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, disparage, or intimidate our employees or other persons; (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 send or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam, or other similar methods; (h) to impersonate or attempt to impersonate any person or entity; or (i) otherwise engage in any activity that restricts or inhibits others from using or enjoying the Services, or which, as determined by us, may be harmful to IZIGadgets, Shopify, or users of the Services, or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that affects or may affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; and (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any provision of these Terms.
ARTICLE 14 - TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at our sole discretion at any time, without notice. You will remain liable for all amounts due up to and including the date of termination. The following sections shall 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 which by their nature should survive termination.
ARTICLE 15 - DISCLAIMER OF WARRANTIES
The information provided on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services, or anyone else who may be informed of its content. EXCEPT AS EXPRESSLY STATED BY IZIGadgets, THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, 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 SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES. THEREFORE, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. ARTICLE 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IZIGadgets, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, COSTS OF REPLACEMENT OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ARTICLE 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless IZIGadgets, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against all costs and expenses relating to any loss, damage, liability, or claim, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or any documents incorporated herein by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you in the event of a claim that is subject to indemnification, provided that failure to provide timely notice will not relieve you of your obligations unless you are materially prejudiced by such failure. We can handle the defense and settlement of such a claim at your expense, including the use of counsel, but we will not settle claims requiring non-monetary obligations without your consent (which you may not unreasonably withhold). You are obligated to cooperate in the defense of any indemnifiable claims, including by providing relevant documents.
ARTICLE 18 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, the provision shall nonetheless remain enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
ARTICLE 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. 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.
ARTICLE 21 - GOVERNING LAW
These Terms of Service and any separate agreements pursuant to which we provide you our Services shall be governed by and construed in accordance with the jurisdiction of the federal, state, or provincial courts located in the jurisdiction in which IZIGadgets has its principal office. You and IZIGadgets consent to the jurisdiction and personal jurisdiction of such courts.
ARTICLE 22 - HEADINGS
The headings used in this Agreement are for convenience only and do not limit or affect these Terms in any way.
ARTICLE 23 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service. We will post updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes will become effective on the date specified in the notice. Your continued access to or use of the Services after any changes to these Terms of Service are posted constitutes your acceptance of those changes.
ARTICLE 24 - CONTACT INFORMATION
For questions about the Terms of Service, please contact us via the contact form or via info@izigadgets.com
Chamber of Commerce number: 91383692