Welcome to EDHWears! The terms “we”, “us” and “our” refer to EDHWears. EDHWears 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”). EDHWears is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced in them (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our [Privacy Policy](/policies/privacy-policy). If you do not agree, do not use or access the Services.
## 1. Access and account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you have given consent for any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including browsing our store or purchasing products, you may be asked to provide information such as your email address, billing, payment, and shipping information. You represent that the information you provide is correct, current, and complete and that you have the right to provide it.
You are responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to another person.
## 2. Our products
We make reasonable efforts to accurately represent our products and services. Colors and product appearance may differ from how they appear on your screen because of your device and settings.
We do not warrant that the appearance or quality of products will meet your expectations or be identical to depictions in the store. Product descriptions may change without notice. We may discontinue products or limit quantities by person, geographic region, or jurisdiction.
## 3. Orders
When you place an order, you make an offer to purchase. EDHWears may accept or decline an order at its discretion. An order is not accepted until EDHWears confirms acceptance. We must receive and process payment before accepting an order.
Review your order carefully before submitting it. EDHWears may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided with the order.
Purchases are subject to our [Return and Refund Policy](/policies/refund-policy). You represent that purchases are for personal or household use and not for commercial resale or export.
## 4. Prices and billing
Prices, discounts, and promotions may change without notice. The price charged is the price in effect when the order is placed and is shown in the order-confirmation email. Unless expressly stated, prices do not include taxes, shipping, handling, customs, or import charges.
You agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your email address, payment-card details, and other information so we can complete transactions and contact you as needed.
You represent that the payment information you provide is accurate, that you are authorized to use it, that charges will be honored by the payment provider, and that you will pay all charges at the posted prices, including shipping, handling, and applicable taxes.
## 5. Shipping and delivery
Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once products are transferred to the carrier, title and risk of loss pass to you, except where applicable law provides otherwise.
See our [Shipping Policy](/policies/shipping-policy) for processing and delivery information.
## 6. Intellectual property
The Services, including trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and their design and arrangement, are owned by EDHWears, its affiliates, or licensors and are protected by intellectual-property laws.
These Terms permit personal, non-commercial use of the Services only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without prior written consent. Nothing in these Terms grants a license or other right under EDHWears, Shopify, or any third party’s intellectual property except as expressly stated.
EDHWears names, logos, product names, designs, and slogans are trademarks of EDHWears or its licensors. You may not use them without prior written permission. Shopify’s name, logo, product names, designs, and slogans are Shopify trademarks. Other names and logos belong to their respective owners.
## 7. Optional tools
We may provide access to third-party tools that we neither monitor nor control. These tools are provided “as is” and “as available,” without warranties, representations, conditions, or endorsements. We have no liability arising from your use of optional third-party tools.
Use of optional tools is at your own risk and discretion. You should review and accept the terms on which those tools are provided. New features, tools, and resources that we later offer are also part of the Services and subject to these Terms.
## 8. Third-party links
The Services may contain materials and links to third-party websites. We are not responsible for examining or evaluating their content or accuracy. If you access a third-party site, you do so at your own risk.
We are not liable for harm or damages related to third-party materials, websites, products, services, resources, or content. Review the third party’s policies before entering a transaction. Complaints about third-party products or services should be directed to the third party.
## 9. Relationship with Shopify
EDHWears is powered by Shopify, which enables us to provide the Services. However, sales and purchases in this store are made directly with EDHWears. Shopify is not responsible for sales between you and EDHWears, including injury, damage, or loss resulting from purchased products or services. You release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with EDHWears.
## 10. Privacy policy
Personal information collected through the Services is subject to our [Privacy Policy](/policies/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 may be transmitted to and shared with Shopify and third parties located in countries other than where you reside.
## 11. Feedback
If you submit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display it in any medium and for any purpose, including commercial use.
You represent that you own or have the necessary rights to Feedback, have disclosed any compensation or incentives connected to it, and that it complies with these Terms. We may, but are not obligated to, monitor, edit, or remove Feedback that we determine is unlawful, offensive, defamatory, obscene, or violates rights or these Terms.
## 12. Errors, inaccuracies, and omissions
Occasionally, the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We may correct errors, update information, or cancel orders if information is inaccurate, including after an order is submitted.
## 13. Prohibited uses
You may use the Services only for lawful purposes. You may not use them to violate laws or third-party rights; harass, abuse, defame, or harm others; transmit false or misleading information; send spam; impersonate others; distribute malware; collect personal information; scrape or access the Services using robots, spiders, data-extraction tools, automated devices, AI agents, or similar means; or bypass security, authorization, CAPTCHA, or access-control measures.
We may suspend, disable, or terminate your access if we determine that you have violated these Terms.
## 14. Agents
This section applies if you use, allow, enable, or cause an agent to access, use, or interact with the Services. An “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity.
No Agent may access, use, or interact with the Services unless it identifies itself and complies with these Terms. We may limit, including by technical measures, whether and how an Agent accesses, uses, or interacts with the Services.
An Agent must identify itself in HTTP/HTTPS requests by including `Agent/[agent name]` in its user-agent string; must not conceal that access or interactions are from an Agent; must respond truthfully when asked whether an interaction is from a human or computer; and must not circumvent measures intended to block, limit, modify, or control access.
## 15. Termination
We may terminate these Terms or your access to the Services, in whole or in part, at our discretion and without notice. You remain liable for amounts due through the termination date.
The sections concerning intellectual property, feedback, termination, disclaimers, limitation of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy, and provisions that by nature should survive will survive termination.
## 16. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," 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 GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
## 17. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL EDHWEARS, ITS OWNER(S), OPERATORS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND—INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES—WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.
## 18. Indemnification
You agree to indemnify, defend, and hold harmless EDHWears, Shopify, and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, claims, and reasonable attorneys’ fees arising from your breach of these Terms, violation of law or third-party rights, or access to and use of the Services.
## 19. Severability
If a provision of these Terms is unlawful, void, or unenforceable, it will be enforced to the fullest extent permitted by law and severed from the remaining Terms, which remain valid and enforceable.
## 20. Waiver and entire agreement
Failure to enforce a right or provision is not a waiver. These Terms and policies posted on the Services form the entire agreement between you and EDHWears regarding the Services and replace prior or contemporaneous agreements, communications, and proposals regarding them.
## 21. Assignment
You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice.
## 22. Governing law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SERVICES, OR PRODUCTS PURCHASED FROM EDHWEARS SHALL BE SETTLED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. YOU AND EDHWEARS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
## 23. Changes to these Terms
You can review the most current version of these Terms on this page. We may update, change, or replace any part of these Terms by posting updates to the Services. We will notify you of material changes when required by applicable law. Continued use after changes take effect constitutes acceptance of the updated Terms.
## 24. Contact information
Questions about these Terms should be sent to support@edhplay.com.
Notice for California Residents:
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please contact us at support@edhplay.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.