Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to NEOS! The terms "we", "us" and "our" refer to NEOS. NEOS 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"). NEOS 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 province, territory, state or jurisdiction 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 information you provide 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 make reasonable efforts to provide accurate representations and descriptions of our products and services. However, colors, dimensions or product appearance may differ slightly from how they appear on your screen due to your device, display settings, photography or manufacturing variations.
All product descriptions, prices and availability are subject to change without notice. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region or jurisdiction where permitted by law.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. NEOS reserves the right to accept or decline an order where permitted by applicable law.
Your order is not accepted until payment has been processed and we confirm acceptance. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation or modification requests after fulfillment has begun.
If we decline, change or cancel an order, we will attempt to notify you using the email address, billing information and/or phone number provided with the order.
Purchases are subject to our Return and Refund Policy.
You represent that purchases are for lawful purposes and that the information supplied in connection with your order is accurate.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price displayed at the time the order is placed, subject to applicable taxes, shipping charges or other charges disclosed during checkout.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases.
You represent that you are authorized to use any payment method submitted and agree to pay all charges associated with your order.
SECTION 5 - SHIPPING AND DELIVERY
Shipping and delivery times displayed on our website are estimates and are not guaranteed.
Delivery may be affected by shipping carriers, customs processing, weather, holidays, high order volumes or other circumstances outside our reasonable control.
Customers are responsible for providing a complete and accurate shipping address. Please contact us as soon as possible if you notice an error in your shipping information.
Additional information regarding fulfillment and delivery is available in our Shipping Policy.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including trademarks, branding, text, graphics, photographs, videos, designs, logos and other content owned or licensed by NEOS, are protected by applicable intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only.
You may not reproduce, distribute, modify, republish, sell or commercially exploit material owned by NEOS without our prior written consent, except where otherwise permitted by law.
NEOS names, logos, product names, designs and slogans may be trademarks of NEOS or their respective owners. Shopify's trademarks remain the property of Shopify.
SECTION 7 - OPTIONAL TOOLS
We may provide access to tools, applications or services offered by third parties.
We may not monitor or control these third-party tools. Access may be provided "as is" and "as available" to the extent permitted by law.
Your use of third-party tools is subject to the applicable third party's terms and policies.
We may introduce new features, tools or resources in the future. Such features may form part of the Services and be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Our Services may contain links to websites, applications or services operated by third parties.
We are not responsible for the content, accuracy, policies or practices of third-party websites.
If you access a third-party website or service, you do so subject to that third party's terms and policies. Questions regarding third-party products or services should be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
NEOS is powered by Shopify, which enables us to provide the Services to you.
However, purchases made through our store are made directly with NEOS. Shopify is a technology provider and is not the seller of products purchased from NEOS.
Your use of Shopify-powered functionality may also be subject to Shopify's applicable terms and privacy practices.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy, which is available on our website.
Because our store is hosted by Shopify, Shopify may collect and process certain information relating to your access to and use of the Services in order to provide and improve its services.
Information may also be processed by payment providers, shipping providers and other service providers necessary to operate our store and fulfill orders.
Please review our Privacy Policy for additional information about how personal information is collected, used and disclosed.
SECTION 11 - FEEDBACK
If you submit reviews, ideas, suggestions, photographs, comments or other feedback ("Feedback"), you represent that you have the right to provide that Feedback.
To the extent permitted by law, you grant NEOS a non-exclusive, worldwide, royalty-free license to use Feedback submitted to us for purposes related to operating, improving and promoting our Services.
Feedback must not violate applicable laws, intellectual property rights, privacy rights or other rights of third parties.
We may remove Feedback that we reasonably determine violates these Terms or applicable law.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability.
We reserve the right to correct errors or inaccuracies and update information where permitted by applicable law.
If an error materially affects an order you have already placed, we will take reasonable steps to notify you and address the issue.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to:
(a) violate applicable laws or regulations;
(b) infringe intellectual property or other legal rights;
(c) transmit malicious software or harmful code;
(d) engage in fraud, deception or impersonation;
(e) collect personal information unlawfully;
(f) interfere with the security or proper operation of the Services;
(g) engage in abusive, threatening or unlawful conduct; or
(h) attempt to circumvent security or access restrictions.
We reserve the right to restrict or terminate access to the Services where reasonably necessary to protect NEOS, our customers or our service providers.
SECTION 14 - TERMINATION
We may suspend or terminate access to the Services where permitted by law, including where these Terms have been materially violated.
Obligations and liabilities incurred before termination will survive termination where applicable.
Sections that by their nature should survive termination, including intellectual property, limitation of liability and indemnification provisions, will continue to apply.
SECTION 15 - DISCLAIMER OF WARRANTIES
To the extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.
We do not guarantee that access to the Services will always be uninterrupted, secure or error-free.
Nothing in these Terms excludes or limits any warranty, condition, guarantee or consumer right that cannot legally be excluded or limited under applicable law.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, NEOS and its service providers will not be liable for indirect, incidental, special or consequential damages arising from your use of the Services or products purchased through the Services.
Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.
Your statutory consumer rights remain unaffected.
SECTION 17 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless NEOS and our affiliates, employees, agents, contractors and service providers from third-party claims arising from your unlawful use of the Services, your material breach of these Terms or your violation of the rights of another person.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed where necessary.
The remaining provisions will continue in full force and effect.
SECTION 19 - WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with policies incorporated or referenced herein, constitute the agreement between you and NEOS regarding your use of the Services, subject to rights that cannot be waived under applicable law.
SECTION 20 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such restriction is permitted by law.
We may assign our rights and obligations as part of a merger, acquisition, restructuring, sale of assets or other lawful business transaction.
SECTION 21 - GOVERNING LAW
These Terms and your use of the Services are governed by the applicable laws of Canada and the province or territory in which NEOS operates, without limiting any mandatory consumer protections or rights available to you under applicable law.
SECTION 22 - HEADINGS
The headings contained in these Terms are included for convenience and do not limit or otherwise affect their interpretation.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We may update these Terms from time to time.
The current version will be posted on this page. Where required by applicable law, we will provide notice of material changes.
Your continued use of the Services following an update constitutes acceptance of the revised Terms to the extent permitted by law.
SECTION 24 - CONTACT INFORMATION
Questions about these Terms of Service or your order can be sent to:
NEOS
Email: neosshop@outlook.com
Location: Canada