Terms Of Service

 

This website is operated by Dmierj Collective, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Dmierj Collective, LLC. Dmierj Collective, LLC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject 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 to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

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, or that you are 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 this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

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

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to store credit or exchange only according to our Return Policy.

In the rare case of a refund that we may issue at our sole discretion, transactions are subject to a 10% restock fee to cover costs such as:

  • Original processing fees,
  • Return processing fees,
  • Commission fees, and
  • Overages paid for shipping beyond the cost covered by the customer.

As a small business, we cannot absorb these costs without compromising sustainability.

We have made every effort to display product colors and images as accurately as possible. However, we cannot guarantee that your monitor’s display of colors will be accurate.

We reserve the right, but are not obligated, to:

  • Limit sales of our products or services to any person, geographic region, or jurisdiction on a case-by-case basis.
  • Limit the quantities of products or services offered.
  • Change product descriptions or pricing at any time without notice.
  • Discontinue any product at any time.

Any offers for products or services on this site are void where prohibited.

We do not guarantee that the quality of products, services, or information purchased will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. Restrictions may apply to orders placed under the same account, using the same credit card, or sharing the same billing/shipping address.

If we change or cancel an order, we may notify you using the email, billing address, or phone number provided during the order process. We also reserve the right to refuse orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

You agree to:

  • Provide current, complete, and accurate purchase and account information for all transactions.
  • Promptly update your account details (including email and payment information) to ensure seamless transactions and communication.

We are not responsible for lost, missing, or stolen packages. All orders will be shipped to the SHIPPING address provided at the time of purchase.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools, over which we have no control, monitoring, or input.
You acknowledge and agree that:

  • These tools are provided on an “as is” and “as available” basis without warranties, representations, or conditions of any kind.
  • We do not endorse these tools and assume no liability arising from or related to your use of them.

Any use of optional third-party tools offered through this site is at your own risk and discretion. It is your responsibility to understand and agree to the terms set by the third-party provider(s).

In the future, we may introduce new features or services through the website, including new tools and resources. Such updates will also be governed by these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Our Service may include content, products, or services from third-party sources.

  • Links to third-party websites may direct you to external sites that are not affiliated with us.
  • We are not responsible for evaluating the content, accuracy, or practices of these websites and accept no liability for any third-party materials, products, or services.

You agree that we are not liable for harm or damages resulting from your interaction with third-party websites, including:

  • Purchases,
  • Use of services,
  • Accessing resources, or
  • Engaging with content.

Before engaging in any transaction with a third-party, carefully review their policies and practices. Direct complaints, concerns, or questions about third-party products or services to the relevant provider.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you submit materials to us—whether requested (e.g., contest entries) or unsolicited (e.g., ideas, suggestions, proposals)—you agree that:

  • We may edit, copy, publish, distribute, translate, or otherwise use your submissions in any medium without restriction or compensation.
  • We are under no obligation to:
    1. Maintain submissions in confidence,
    2. Pay for submitted materials, or
    3. Respond to your submissions.

We reserve the right to monitor, edit, or remove content that we deem unlawful, offensive, threatening, defamatory, or otherwise objectionable.

You agree that your submissions will:

  1. Not violate third-party rights, including intellectual property, privacy, or personal rights.
  2. Not contain harmful, abusive, libelous, or obscene content, viruses, or malware.

You may not use a false email address, impersonate someone else, or mislead others about the origin of your submissions. You are solely responsible for the accuracy and legality of your comments.

We assume no responsibility or liability for content posted by you or third parties.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through our store is governed by our Privacy Policy. For details, please review our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, our site or Service may contain typographical errors, inaccuracies, or omissions regarding:

  • Product descriptions,
  • Pricing,
  • Promotions,
  • Offers,
  • Shipping charges,
  • Transit times, or
  • Product availability.

We reserve the right to:

  1. Correct errors, inaccuracies, or omissions.
  2. Update or change information.
  3. Cancel orders if any information in the Service or website is inaccurate (including after submitting an order).

We are not obligated to update or clarify information on our site unless required by law. The absence of a specified update date should not be interpreted as an indication that all information has been modified or is current.

SECTION 12 - PROHIBITED USES

You are prohibited from using the site or its content for the following purposes:
(a) Any unlawful activity.
(b) Soliciting others to engage in unlawful acts.
(c) Violating laws, regulations, or ordinances.
(d) Infringing on intellectual property rights.
(e) Harassing, abusing, insulting, defaming, or discriminating based on protected categories.
(f) Submitting false or misleading information.
(g) Uploading or transmitting viruses or harmful code.
(h) Collecting or tracking personal information of others.
(i) Engaging in spamming, phishing, or similar activities.
(j) Obscene or immoral purposes.
(k) Interfering with the security features of the Service or related websites.

Violating these terms may result in the termination of your use of our Service or related websites.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Warranties:

  • We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free.
  • We do not warrant the reliability or accuracy of results obtained through the Service.
  • The Service and all products delivered through it are provided “as is” and “as available”, without warranties or conditions of any kind, express or implied (e.g., merchantability, fitness for a particular purpose, non-infringement).

Limitation of Liability:
Dmierj Collective, its affiliates, and personnel shall not be liable for:

  • Direct, indirect, incidental, punitive, or consequential damages (e.g., lost profits, revenue, savings, or data).
  • Claims related to the use or inability to use the Service, products, or content, even if advised of potential damages.

Some jurisdictions do not allow liability limitations; in such cases, our liability will be limited to the fullest extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify and hold harmless Dmierj Collective, LLC, its affiliates, employees, and partners from claims, damages, or expenses (including reasonable attorneys’ fees) arising from:

  • Your breach of these Terms of Service.
  • Violations of laws or third-party rights.

    SECTION 15 - SEVERABILITY
    In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

    SECTION 16 - TERMINATION
    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
    These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
    If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

    SECTION 17 - ENTIRE AGREEMENT
    The failure of us to exercise or enforce any right or provision of 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, superseding any 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.

    SECTION 18 - GOVERNING LAW
    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Portland, Oregon.

    SECTION 19 - CHANGES TO 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, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.