Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Batteries Not Included! The terms "we", "us" and "our" refer to Batteries Not Included. Batteries Not Included 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"). Batteries Not Included 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 store 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 store 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 store. However, colors, dimensions, packaging, or product appearance may differ slightly from how they appear on your screen due to your device, display settings, product updates, or manufacturer variations.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

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. Batteries Not Included reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Batteries Not Included confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Batteries Not Included may be unable to accommodate cancellation requests after an order has been accepted or entered fulfillment. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to returns or exchanges in accordance with our Return and 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. Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs or import charges.

Prices posted in our online store may be different from prices offered through third parties. We may offer promotions that affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of 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 through our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct and complete, that you are authorized to use the payment method provided, and that charges incurred by you will be honored by your payment provider.

SECTION 5 - SHIPPING AND DELIVERY

All processing and delivery times provided through our store are estimates and are not guaranteed. Delivery times may vary based on destination, product availability, fulfillment location, carrier operations, customs processing, weather, holidays, and other circumstances outside our control.

We are not responsible for delays caused by shipping carriers, customs processing, incorrect or incomplete shipping information provided by the customer, or events outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address when placing an order. Please contact us as soon as possible if you discover an error in your shipping information. We cannot guarantee that an address can be changed after an order has entered fulfillment.

Additional shipping information is provided in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection and arrangement thereof, are owned by Batteries Not Included, its affiliates, licensors, or applicable third-party rights holders 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 protected material from the Services without appropriate authorization.

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 Batteries Not Included, Shopify, or any third party.

Batteries Not Included's names, logos, product and service names, designs and slogans, to the extent protected by applicable law, may not be used without authorization. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. Other names, logos, product and service names, designs and slogans appearing through the Services may be 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 control over.

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 endorsement. To the extent permitted by applicable law, we shall have no liability arising from or relating to your use of optional third-party tools.

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

We may also offer new features through the Services in the future. Such new features shall 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 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.

If you leave the Services to access third-party materials or websites, you do so at your own discretion. We are not responsible for harm or damages related to your use of third-party websites or your purchase or use of products, services, resources or content available through third-party websites.

Please carefully review the third party's policies and practices before engaging in a transaction with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Batteries Not Included 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 Batteries Not Included.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Batteries Not Included, 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 Batteries Not Included.

SECTION 10 - PRIVACY POLICY

Personal information we collect through the Services is handled in accordance with our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to 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 other service providers, including providers located in countries other than the country where you reside, as necessary to provide the Services.

Please review our Privacy Policy for additional information about how personal information is collected, used and shared.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit 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 as permitted by applicable law.

You represent and warrant that you own or have all necessary rights to the Feedback you provide, that you have disclosed any compensation or incentives received in connection with your submission where required, and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback except where otherwise required by law.

We may monitor, edit or remove Feedback that we determine violates these Terms or applicable law.

You agree that your Feedback will not violate any third-party right, including copyright, trademark, privacy, personality or other personal or proprietary rights. You may not use a false email address, pretend to be someone other than yourself, or otherwise intentionally mislead us or third parties as to the origin of Feedback.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability or other information.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if material information is inaccurate, subject to applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services to violate applicable laws or regulations; infringe upon the intellectual property or other rights of another person; transmit malicious code; engage in fraud or deceptive conduct; harass, threaten or abuse another person; send spam or unauthorized solicitations; impersonate another person or entity; improperly collect personal information; interfere with the security or operation of the Services; or engage in other unlawful or harmful activity.

You may not attempt to bypass or circumvent security or authorization features or other measures used to protect or control access to the Services.

We reserve the right to suspend, disable or terminate access to the Services if we reasonably determine that these Terms have been violated.

SECTION 14 - AGENTS

This section applies if you use, allow, enable or cause the deployment of an automated or semi-autonomous software agent ("Agent") to access, use or interact with the Services.

Agents must comply with applicable laws, these Terms, and any technical requirements or restrictions implemented through the Services. An Agent must not conceal or misrepresent its automated nature when identification is required, circumvent CAPTCHAs or similar access controls, or attempt to bypass measures intended to block, limit or control automated access to the Services.

We may limit, restrict or prohibit automated access to the Services where permitted by applicable law.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, where permitted by applicable law. You will remain responsible for amounts properly due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, feedback, disclaimers, limitations of liability, indemnification, severability and governing law.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness or usefulness of information except as required by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED BY BATTERIES NOT INCLUDED, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES RIGHTS OR WARRANTIES THAT CANNOT LAWFULLY BE EXCLUDED.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BATTERIES NOT INCLUDED AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR REPLACEMENT COSTS, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the above limitations may not apply to you.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Batteries Not Included, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or third-party claims, including reasonable attorneys' fees, arising out of your breach of these Terms, violation of applicable law or violation of the rights of a third party.

We will notify you of an indemnifiable claim where appropriate. We may control the defense and settlement of such claim, subject to applicable law, and you agree to reasonably 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 shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall 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 shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us in respect to the Services constitute the agreement between you and us regarding your use of the Services, subject to rights that cannot be waived under applicable law.

SECTION 21 - ASSIGNMENT

You may not transfer or assign these Terms or your rights or obligations under these Terms without our prior written consent except where such restriction is prohibited by law. We may transfer or assign our rights and obligations under these Terms as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable laws and the laws of the jurisdiction in which Batteries Not Included is established, without limiting any mandatory consumer protections or rights available to you under applicable law.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service on this page.

We reserve the right to update, change or replace portions of these Terms by posting updates to our website. Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services following the effective date of changes constitutes acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Batteries Not Included

Email: aville1216@gmail.com