Terms of service

Terms of Service

OVERVIEW Welcome to Best of Best. Throughout the site, the terms “we”, “us” and “our” refer to Best of Best. We operate this store and website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our premium products and Services to you.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any 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 or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

To purchase products or access certain features of our Services, you may be required to provide specific details, including your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, or license your account to any other person.

SECTION 2 - PRODUCTS AND SERVICES We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

 

Descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason at our sole discretion. Your order is not accepted until we confirm shipment. Payment must be received and processed before we accept any order.

Please review your order carefully before submitting. We may not be able to accommodate cancellation requests once an order is confirmed. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

Any returns or exchanges are governed strictly by our Refund Policy.

SECTION 4 - PRICES AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as reflected in your order confirmation email.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction.

SECTION 5 - SHIPPING AND DELIVERY We partner with global logistics networks to deliver your orders. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments caused by shipping carriers, customs clearance, or events beyond our reasonable control.

Once we transfer the products to the shipping carrier, the risk of loss and title for such items pass to you.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brand names, text, materials, images, graphics, reviews, video, audio, and their design, selection, and arrangement, are owned by Best of Best, its partners, or licensors, and are protected by copyright, trademark, and other intellectual property laws.

These Terms of Service permit you to use our Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent.

SECTION 7 - OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

SECTION 8 - THIRD-PARTY LINKS Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

SECTION 9 - RELATIONSHIP WITH SHOPIFY Best of Best is powered by Shopify. However, all sales and transactions are conducted directly with Best of Best. By using our Services, you acknowledge and agree that Shopify is not responsible or liable for any aspect of the transactions between you and Best of Best, including any damages, losses, or injuries resulting from products or services purchased. You hereby release Shopify from any and all claims and liabilities arising out of or related to your transactions with us.

SECTION 10 - PRIVACY POLICY All personal information collected through our Services is governed by our Privacy Policy. By using our Services, you acknowledge that you have read and understood our privacy practices.

SECTION 11 - USER COMMENTS, FEEDBACK AND SUBMISSIONS If you send, upload, or post any ideas, suggestions, feedback, reviews, plans, or other materials (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 and for any purpose, including commercial purposes.

We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - AGENTS 14.1. This section applies if you use, authorize, or deploy an Agent (including automated software, web crawlers, AI tools, or virtual assistants) to access, use, or interact with our Services.

14.2. No Agent may access, use, or interact with our Services unless it identifies itself clearly and complies strictly with the requirements set forth in Section 14.4.

14.3. We reserve the right to restrict, modify, or block access of any Agent to our Services using technical measures at our sole discretion.

14.4. Agents must: (i) declare their identity in all HTTP/HTTPS requests by including the name of the Agent in the User-Agent header string (e.g., "Agent/[Agent Name]"); (ii) not mask or disguise their automated nature, such as by mimicking human behavioral patterns or bypassing CAPTCHA and other anti-bot mechanisms; (iii) answer truthfully to any query designed to determine whether the interaction is human or automated.

SECTION 15 - TERMINATION These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, 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.

 

SECTION 17 - LIMITATION OF LIABILITY In no case shall Best of Best, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, nor 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, 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 service or any products procured using the service, or for any other claim related in any way to your use of the service or any product.

SECTION 18 - INDEMNIFICATION You agree to indemnify, defend, and hold harmless Best of Best, Shopify, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 19 - 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 20 - 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 constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.

SECTION 21 - ASSIGNMENT You may not assign, transfer, or delegate these Terms of Service or any of your rights or obligations hereunder without our prior written consent. We may assign, transfer, or delegate these Terms of Service and our rights and obligations without your consent or notice.

SECTION 22 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws applicable in the jurisdiction of our brand operations.

SECTION 23 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at 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 to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 25 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at:

Best of Best Webshop Email: support@bestofbestwebshop.com