Terms of service
OVERVIEW
Welcome to ALMAIA! The terms “we,” “us,” and “our” refer to ALMAIA. ALMAIA 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”). ALMAIA is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced in this document (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 contain important information about your legal rights and cover matters such as warranties, 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 our Privacy Policy, you must 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 legal age of majority in your state or province of residence and that 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 stores or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide to our store 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 credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to display our products and services accurately in our online store. However, please note that product colors or appearance may differ from what is shown on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be the same as displayed or presented in our online stores.
All product descriptions may be changed at any time 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 any product 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. ALMAIA reserves the right to accept or reject your order for any reason, at its sole discretion. Your order is not accepted until ALMAIA confirms its acceptance. We must receive and process your payment before accepting your order.
Please review your order carefully before completing your purchase, as ALMAIA may be unable to accommodate a cancellation request after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number you provided when placing the order.
You may return or exchange your purchase only in accordance with our Refund Policy.
You represent and warrant that your purchase is for personal or household use and not for resale or commercial 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 when the order is placed and will be stated in the order confirmation emailed to you. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs duties, or import charges.
Prices published in our online stores may differ from those offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions through the Services that affect pricing and are governed by terms and conditions different from these Terms. If there is a conflict between a promotion’s terms and these Terms, the promotion’s 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 expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that:
- The credit card information you provide is true, accurate, and complete.
- You are duly authorized to use that credit card for the purchase.
- Your credit card company will honor the charges you incur.
- You will pay the charges you incur at the published prices, including shipping and handling costs and all applicable taxes, if any.
SECTION 5 — SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by the shipping carrier, customs procedures, or events outside our control.
Once we transfer products to the shipping carrier, ownership and the risk of loss transfer to you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, and their design, selection, and arrangement, are owned by ALMAIA, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services only for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be interpreted as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property belonging to ALMAIA, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by ALMAIA.
ALMAIA’s names, logos, product and service names, designs, and slogans are trademarks of ALMAIA, its affiliates, or licensors. You must not use these trademarks without ALMAIA’s prior written permission.
Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.
SECTION 7 — OPTIONAL TOOLS
As part of the Services, you may be given access to customer tools provided by third parties that we neither monitor nor control and in which we have no input.
You acknowledge and agree that we provide access to these tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. We will have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms under which the relevant third-party providers supply these tools.
In the future, we may also offer new features through the Services, including new tools and resources. These new features will also be considered part of the Services and will be 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 any third-party materials or websites you choose to access. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk.
We will not be liable for any harm or damages related to your access to a third-party website or your purchase or use of products, services, resources, or content on any third-party website.
Please carefully review the third party’s policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions about third-party products and services should be directed to the relevant third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes Shopify’s relationship with your store and must not be removed or modified.]
ALMAIA is powered by Shopify, which enables us to provide the Services to you. However, any sales or purchases you make in our store are made directly with ALMAIA.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and ALMAIA, including any injury, damage, or loss resulting from the purchase of 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 ALMAIA.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here. Certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
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 our Services.
Information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in a country other than your country of residence, for the purpose of providing the Services.
Please review our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 — FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, 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 that Feedback in any medium for any purpose, including commercial purposes.
For example, we may exercise our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that:
- You own or have all necessary rights to all Feedback.
- You have disclosed any compensation or incentives received in connection with submitting your Feedback.
- Your Feedback complies with these Terms.
We are not and will not be obligated to:
- Keep your Feedback confidential.
- Pay compensation for your Feedback.
- Respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any third party’s rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any Feedback.
You are solely responsible for any Feedback you provide and its accuracy. We assume no liability for Feedback posted by you or any third party.
SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability.
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.
SECTION 13 — PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) For any unlawful or malicious purpose.
(b) To violate any international, federal, provincial, or state regulations, rules, or laws, or local ordinances.
(c) To infringe or violate our intellectual property rights or those of others.
(d) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person.
(e) To transmit false or misleading information.
(f) To send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms.
(g) To transmit or arrange the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations.
(h) To impersonate or attempt to impersonate another person or entity.
(i) To engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm ALMAIA, Shopify, or users of the Services, or expose them to liability.
You further agree not to:
(a) Upload or transmit viruses or other malicious code that affects or may affect the functionality or operation of the Services.
(b) Reproduce, duplicate, copy, scrape, sell, resell, or exploit any part of the Services.
(c) Collect or track other people’s personal information.
(d) Spam, phish, pharm, or use pretexting in connection with the Services.
(e) Use robots, spiders, scraping tools, data collection or extraction tools, automated devices or processes, artificial intelligence tools such as agentic AI, or automated or manual means to access the Services.
(f) Interfere with or circumvent security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services.
We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 — AGENTS
14.1 This section (“Agent Terms”) applies if you use, permit, enable, or cause an Agent to access, use, or interact with any Services. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of, or at the instruction of, any person or entity and may operate on that person’s behalf or using their device without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict compliance with Section 14.4 below at all times. Furthermore, no Agent may access, use, or interact with the Services if we have requested that it refrain from doing so.
14.3 We may limit an Agent’s access to, use of, and interaction with the Services, including through technical measures.
14.4 Agents must:
(i) Identify every HTTP/HTTPS request as originating from an Agent and disclose the Agent’s name by including “Agent/[agent name]” in the request’s user-agent field.
(ii) Not conceal or create confusion about whether access, use, or interaction originates from an Agent, including by imitating human behavior or interaction patterns, or completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use.
(iii) Respond truthfully to questions or instructions seeking to determine whether interactions originate from a human or a computer.
(iv) Not circumvent or otherwise avoid measures intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 — 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 will continue to apply after 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 should survive termination.
SECTION 16 — DISCLAIMER OF WARRANTIES
Information presented on or through the Services is provided for general informational purposes only. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on this information is strictly at your own risk.
We disclaim all liability arising from reliance on these materials by you, any other visitor to the Services, or anyone informed of their contents.
UNLESS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER 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 GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR 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, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF 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 ANY PRODUCT PURCHASED THROUGH THE SERVICES.
THIS ALSO APPLIES TO ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ERRORS OR OMISSIONS IN CONTENT, OR LOSS OR DAMAGE OF ANY KIND INCURRED THROUGH 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 DAMAGES.
SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ALMAIA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including attorneys’ fees, payable to third parties arising from:
- Your breach of these Terms of Service or the documents incorporated by reference.
- Your violation of any law or the rights of a third party.
- Your access to and use of the Services.
We will notify you of any claim subject to indemnification. Failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced by that failure.
We may control the defense and settlement of such a claim at your expense, including the choice of counsel. However, we will not settle a claim that imposes non-monetary obligations on you without your consent, which must not be unreasonably withheld.
You will cooperate in the defense of claims subject to indemnification, including by providing relevant documents.
SECTION 19 — SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms of Service.
Such a determination will not affect the validity or 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 does not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in relation to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services.
They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including previous versions of these Terms of Service.
Any ambiguity in the interpretation of these Terms of Service will not be construed against the party that drafted them.
SECTION 21 — ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of 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 to you.
SECTION 22 — GOVERNING LAW
These Terms of Service and any separate agreements under which we provide Services to you will be governed by and construed in accordance with the laws applicable in the jurisdiction where ALMAIA is headquartered, before its federal and state or territorial courts.
You and ALMAIA agree to the venue and personal jurisdiction of those courts.
SECTION 23 — HEADINGS
Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 — 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, change, or replace any part of these Terms of Service by posting updates and changes on our website.
You are responsible for checking our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law, and those changes will take effect on the date specified in the notice.
Your continued use of or access to the Services after changes to these Terms of Service are posted constitutes acceptance of those changes.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Our contact information is provided below: