Terms of service
Welcome to Community Shop! The terms “Community Shop” “we”, “us” and “our” refer to Community Shop LLC, a State of Delaware limited liability company. Community Shop operates this website (the “Site”) including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience. The information and content on the Site, and its features, tools and services are referred to as the “Services”. Community Shop 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 YOUR RIGHTS AND WHAT TO DO IF AN ORDER DOESN’T ARRIVE OR IF THERE’S A PROBLEM WITH MERCHANDISE YOU ORDERED; WARRANTY DISCLAIMERS; LIMITATIONS OF LIABILITY AND DISPUTE RESOLUTION.
BY ORDERING ANY MERCHANDISE THROUGH THIS STORE AND IN ANY WAY INTERACTING WITH OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY [LINK]. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR PRIVACY POLICY, YOU SHOULD NOT USE OR ACCESS OUR SERVICES. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE UNLESS AND UNTIL YOU (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS SITE OR THE SERVICES BY ANY APPLICABLE LAW, RULE OR REGULATION.
SECTION 1 - ACCESS AND ACCOUNT
To use the Services, including accessing or browsing our online stores 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 in our stores 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 - ORDERS
When you place an order, you are making an offer to purchase whatever products you select. Community Shop reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Community Shop confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Community Shop will be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number you provided at the time the order was made.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 3 - PRICES AND PAYMENT TERMS
All applicable prices are set forth next to the products offered on the Site. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices are subject to change at any time before you place your order. Unless otherwise expressly stated, posted prices do not include sales taxes or shipping and handling charges.
We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Payment may be made only with a valid credit card. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through this Site. 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 (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 4 - SHIPPING AND DELIVERY
Your order will be shipped by a delivery service to the address you provide when placing the order. We will not be responsible for any mis delivery or failure of delivery resulting from your submitting incorrect address information.
Estimated delivery times for particular products may be provided on the Site. All delivery times are estimates only and are not guaranteed. Accordingly, we will not be liable for shipping and delivery delays. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
After you place your order, you will receive a shipping confirmation email with a tracking number. This usually takes 24-48 hours. You will receive updates from the carrier. If you do not receive the package within 3 days of the estimated delivery date shown on the shipping confirmation, you should contact us immediately at support@communityshop.us. You MUST contact us within 15 days of the estimated delivery date or we will be unable to assist you in locating or replacing your possibly lost shipment.
SECTION 5 – LIMITED WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
All orders are final. If you place an order, you are responsible for accepting and paying for it. We will not cancel orders after the order is placed.
We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted or rendered on this Site.
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.
Community Shop does not manufacture any of the products offered on this Site. The manufacturer of the products has provided to us a manufacturer’s warranty that at the time of delivery of a product to you, that product will not be materially defective or damaged for a period of thirty (30) days after the date of delivery (“Limited Warranty”).
If you believe a product you received is defective or damaged, you must contact us within fifteen (15) days of the date of delivery of the product to you. We will submit to the manufacturer a problem report and advise you of the result, which may include instructions for you to return the product to the manufacturer’s facility. If the product is defective or damaged, we will either: (a) replace such product (or the defective or damaged part of the product) free of charge, or (b) refund the purchase price paid by you to us along with the shipping fees corresponding to the defective or damaged product.
WE ARE PROVIDING ALL PRODUCTS TO YOU WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THE WARRANTY EXPRESSLY STATED ABOVE. WITHOUT LIMITING THE FOREGOING SENTENCE, WE ARE PROVIDING ALL PRODUCTS TO YOU WITHOUT ANY IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION ANY (i) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (III) WARRANTY OF TITLE; OR (IV) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USGE OR TRADE.
THE REMEDIES DESCRIBED IN THIS SECTION 5 ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THE ABOVE LIMITED WARRANTY.
OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SECTION 6—INTELLECTUAL PROPERTY
All copyright, trademark and other rights in and to the Services, including but not limited to all content on the Site. Including without limitation displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are the sole and exclusive property of Community Shop. All copyright and other rights in and to any and all designs, graphics, slogans, expressions and/or and logos displayed on merchandise sold through this Site are the exclusive property of either Community Shop or its licensor(s).
These Terms permit you to use the Site and the Services solely for your personal, non-commercial use. You are strictly prohibited from reproducing, distributing, modifying, or creating derivative works from any of the content of the Site or any of the product names or brands, or any designs, graphics, slogans, expressions and/or logos displayed on merchandise sold through this Site. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Community Shop.
Community Shop’s own names, logos, product and service names, designs, and slogans are trademarks of Community Shop or its affiliates or licensors. You must not use such trademarks without the prior written permission of Community Shop. 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 on the Services are the trademarks of their respective owners
SECTION 7 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any 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 materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 8 - RELATIONSHIP WITH SHOPIFY
Community Shop 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 Community Shop. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Community Shop, 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 Community Shop.
SECTION 9 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed 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 in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy here for more details on how we, Shopify, and our partners use your personal information.
SECTION 10 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, 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 such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way 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 as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 11 - PROHIBITED USES
You may access and use the Services for lawful purposes only. 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, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Community Shop, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. 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 12— TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Warranties & Limitation of Liability, Indemnification, Severability, Waiver; Dispute Resolution, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Community Shop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 14 - 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 15 – DISPUTE RESOLUTION
Subject to the “small claims option” described below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before one arbitrator in the State of Delaware. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of Delaware. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Community Shop shall bear all of its own costs, as well as your reasonable outside attorneys' fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 16 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.
SECTION 16-- WAIVER; 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 constitutes the entire agreement and understanding between you and us and governs 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 17 - 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, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 18 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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, in 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@communityshop.us.