Terms of service

OVERVIEW
Welcome to Ebey Market! The terms “we”, “us” and “our” refer to Ebey Market. Ebey Market operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Ebey Market is powered by Shopify, which enables us to provide you with the Services.

The terms and conditions below, together with any policies set forth 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 contain 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 these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

ARTICLE 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are the 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 that you own, purchase, or control.
In order to use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, we may ask you to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account and for all activities under your account. You may not transfer, sell, assign, or license your account to any other person.

ARTICLE 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of the product may differ from how it appears on your screen due to the type of device you use to access the store and the settings and configuration of your device.
We do not guarantee that the appearance or quality of any product or service purchased by you will meet your expectations or be the same as shown or provided in our online stores.
All product descriptions are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue 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.

ARTICLE 3 – ORDERS
When you place an order, you are making an offer to purchase. Ebey Market reserves the right to accept or decline your order for any reason in our sole discretion. Your order is not accepted until Ebey Market confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before shipping, as Ebey Market may not be able to honor cancellation requests once an order has been accepted. In the event that we do not accept, change or cancel your order, we will attempt to notify you by contacting the email address, billing address and/or telephone number you provided when placing your order.
Your purchases are subject to return or exchange solely in accordance with our Return Policy [LINK].
You represent and warrant that your purchases are intended for your personal or home use and not for commercial resale or export.

ARTICLE 4 – PRICES AND INVOICE
Prices, discounts and promotions are subject to change without prior notice. The price charged for the product or service will be the price in effect at the time of the order and will be set out in your order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping, handling, customs or import charges.
The prices published in our online stores may differ from the prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of the promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide up-to-date, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including 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, accurate and complete, (ii) that you are authorized to use that credit card to make a purchase, (iii) that the charges you incur will be covered by your credit card company, and (iv) that you will pay the charges you incur at the published rates, including shipping and handling charges and all applicable taxes, if any.

ARTICLE 5 – SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we hand over the products to the carrier, title and risk of loss passes to you.

ARTICLE 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade dress, text, images, graphics, product reviews, videos and audio, and the design, selection and arrangement thereof, are the property of Ebey Market, 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 solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly set forth herein, nothing in these Terms grants or shall be construed as granting you any license or other right under any patent, trademark, copyright, or other intellectual property of Ebey Market, 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 Ebey Market.
The Ebey Market names, logos, product and service names, designs, and slogans are trademarks of Ebey Market or its affiliates or licensors. You may not use such trademarks without the prior written permission of Ebey Market. The Shopify 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 trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS
You may be provided access to user tools offered by third parties as part of the Services, which we do not monitor and have no control or influence over.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any support. We will not have any liability arising from or related 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 and you should be aware of and agree to the terms and conditions under which the relevant third party providers provide the tools.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and are subject to these Terms of Service.

ARTICLE 8 – 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 that you choose to access. If you choose to leave the Services to access these materials or third-party websites, you do so at your own risk.
We are not responsible for any damages associated with 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 carefully review the third-party policies and practices and make sure you understand them before engaging in any transaction. Complaints, requests, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes Shopify's relationship with your store and should not be removed or changed.
Ebey Market is powered by Shopify, which allows us to serve you. However, all sales and purchases you make in our store are made directly with Ebey Market. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between You and Ebey Market, including any injury, damage or loss arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising out of or related to your purchases and transactions with Ebey Market.

SECTION 10 - 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 confirm that you have read this 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 to the Services will be transferred to and shared with Shopify, as well as third parties that may be located in countries other than where you live, in order to provide you with the Services. Please review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

ARTICLE 11 – 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 commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, enhance 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 not and will not be obligated to (1) maintain the confidentiality of your Feedback; (2) pay a fee for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable or violates the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, offensive, or obscene Feedback, or contain any computer virus or other malicious software 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 else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for all Feedback you provide and its accuracy. We assume no liability for any Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on or in the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without notice (including after you have submitted an order).

ARTICLE 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) violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) infringe our intellectual property rights or the intellectual property rights of others; (d) harass, abuse, insult, harm, defame, disparage or intimidate any of our employees or any other person; (e) transmit false or misleading information; (f) send, knowingly receive, transmit, download, use or reuse any material that does not comply with these Terms; (g) transmit or procure the sending of any advertising or promotional materials, including any “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (h) impersonate or attempt to impersonate any other person or entity; or (i) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, in our sole discretion, may harm Ebey Market, 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 to 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) use spam, phish, pharm, pretext, spider, crawl or scrape email messages; 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.

ARTICLE 14 – 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, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver of Rights; Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information displayed on or through the Services is provided for general informational purposes only. We make no warranty as to the accuracy, completeness or usefulness of such information. Any reliance placed on such information is at your sole risk. We disclaim any liability arising from any reliance placed on such materials by you or any other visitor to the Services, or anyone who may be aware of any of its contents.
EXCEPT AS EXPRESSLY STATED BY eBay Market, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, 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 WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

ARTICLE 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL eBay Market, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, COSTS OF REPLACEMENT OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM CONNECTED IN ANY WAY WITH YOUR USE OF THE SERVICES OR ANY PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THIS POSSIBILITY.

ARTICLE 17 – COMPENSATION
You agree to indemnify, defend, and hold harmless Ebey Market, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys’ fees, made by 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 claim for damages, provided that failure to notify us promptly shall not relieve you of your obligations, unless you have suffered material damages. We may control the defense and settlement of such claim at your expense, including the selection of attorneys, but we will not settle any claim that requires non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of any claim, including by providing relevant documents.

ARTICLE 18 – SEVERABILITY
In the event that any provision of these Terms of Service is found to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 19 – WAIVER OF RIGHTS; ENTIRE AGREEMENT
Our failure 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 connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party drafting them.

ARTICLE 20 – 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 shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

ARTICLE 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with the Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction in which Ebey Market is located. You and Ebey Market consent to the venue and personal jurisdiction of such courts.

ARTICLE 22 – HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

ARTICLE 23 – CHANGES TO THE TERMS OF SERVICE
You may 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, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check our website 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.

ARTICLE 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at ebey.prodaja@gmail.com.
Our contact information is as follows:
[INSERT TRADE NAME]
ebey.prodaja@gmail.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]