OVERVIEW
Welcome to Ecenci. The terms we, us and our refer to Ecenci, operated by Supplema LLC doing business as Ecenci. Ecenci 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. Ecenci 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 found here [LINK]. 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 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 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 account activity under 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 provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the device you use and your device settings.
We do not warrant that the appearance, feel, or suitability of any products purchased by you will meet your expectations or be identical to how they may appear in our 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. Ecenci reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Ecenci confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting. Ecenci may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, change, or cancel an order, we will attempt to notify you by contacting the email, billing address, and or phone number provided at checkout.
Your purchases are subject to return or refund solely in accordance with our Refund Policy found here [LINK].
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 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 taxes, shipping, handling, customs, or import charges.
Prices posted in our online store may be different from prices offered in physical stores or by third parties.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made. You agree to promptly update your account information, including your email address and payment details, 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 it, that charges will be honored by your payment provider, and that you will pay all charges incurred, including applicable taxes and shipping.
SECTION 5 SHIPPING AND DELIVERY
At launch, we ship within the United States only, unless otherwise stated at checkout.
We are not liable for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control.
Once we transfer products to the carrier, title and risk of loss passes to you, to the extent permitted by law.
Some orders may be fulfilled by a third party fulfillment partner. Any return instructions provided by us will control, and you should not mail returns to the sender address shown on the package unless we specifically instruct you to do so.
SECTION 6 INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Ecenci, its affiliates or licensors and are protected by United States and foreign 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, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants you any license or rights under any patent, trademark, copyright, or other intellectual property of Ecenci, Shopify, or any third party.
Ecenci names, logos, product and service names, designs, and slogans are trademarks of Ecenci or its affiliates or licensors. Shopify names, logos, product and service names, designs and slogans are trademarks of Shopify. All other marks are the property 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. We do not monitor or control these tools.
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. We shall have no liability arising from your use of optional third party tools.
SECTION 8 THIRD PARTY LINKS
The Services may contain materials and hyperlinks to third party websites, including embedded third party functionality. We are not responsible for examining or evaluating the content or accuracy of third party materials or websites. If you access them, you do so at your own risk.
We are not liable for harm or damages related to your access of third party websites or your purchase or use of products or services from third parties. Review their policies before engaging in any transaction.
SECTION 9 RELATIONSHIP WITH SHOPIFY
Note to merchant. This section accurately characterizes Shopify relationship with your store and should not be removed or modified.
Ecenci 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 Ecenci. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Ecenci, 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 Ecenci.
SECTION 10 PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Certain personal information may also be subject to Shopify privacy policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit may be transmitted to Shopify and to third parties that may be located in other countries, in order to provide services to you. Review our Privacy Policy [LINK] for details.
SECTION 11 FEEDBACK
If you submit any 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 such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that you own or have the necessary rights to all Feedback, that you have disclosed any compensation or incentives received in connection with your submission, and that your Feedback will comply with these Terms.
We may remove Feedback that we determine in our sole discretion is unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates any party rights.
SECTION 12 ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct errors, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you submit an order.
SECTION 13 PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services to violate laws, infringe intellectual property rights, harass or harm others, transmit false or misleading information, spam, impersonate others, upload malicious code, scrape content, or interfere with security features.
We reserve the right to suspend or terminate your access if we determine that you have violated these Terms.
SECTION 14 TERMINATION
We may terminate this agreement or your access to the Services in our sole discretion at any time without notice. You remain liable for amounts due up to the date of termination.
Provisions that by their nature should survive termination will survive, including intellectual property, feedback, disclaimers, limitation of liability, indemnification, severability, waiver, and governing law.
SECTION 15 DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes. We do not warrant accuracy, completeness, or usefulness. Any reliance is at your own risk.
Except as expressly stated by Ecenci, the Services and all products offered through the Services are provided as is and as available, without any warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error free. Some jurisdictions limit or do not allow disclaimers of implied warranties, so this disclaimer may not apply to you.
SECTION 16 LIMITATION OF LIABILITY
To the fullest extent provided by law, in no case shall Ecenci, 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 any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Services or any products procured using the Services.
SECTION 17 INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ecenci, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities or claims, including reasonable attorneys fees, payable to any third party due to or arising out of your breach of these Terms, your violation of any law or third party rights, or your access to and use of the Services.
SECTION 18 SEVERABILITY
If any provision of these Terms is unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the remaining provisions.
SECTION 19 WAIVER AND ENTIRE AGREEMENT
The failure of us to exercise or enforce any right shall not constitute a waiver of that right.
These Terms and any policies posted by us on the site constitute the entire agreement between you and us and govern your use of the Services, superseding prior agreements and communications.
SECTION 20 ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without notice.
SECTION 21 GOVERNING LAW
These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to conflict of law principles. You and Ecenci consent to venue and personal jurisdiction in the state and federal courts located in Maryland.
SECTION 22 HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates. Your continued use of the Services after changes are posted constitutes acceptance.
SECTION 24 CONTACT INFORMATION
Questions about the Terms of Service should be sent to info@ecenci.com.
Business identity and address
Ecenci, DBA Supplema LLC
201 International Circle, Suite 210
Hunt Valley, MD 21030, USA
info@ecenci.com