Terms of Service

Overview

This website is operated by Plumly ("we," "us," or "our"). By visiting tryplumly.com (the "Site") or purchasing from us, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms"). These Terms apply to all users of the Site, including browsers, customers, and merchants.

Please read these Terms carefully before using the Site. If you do not agree to all of these Terms, you may not access the Site or use any Service. Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products to you.

We reserve the right to update or change any part of these Terms by posting changes to this page. It is your responsibility to check this page periodically. Your continued use of the Site after changes are posted constitutes acceptance of those changes.

1. Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given us consent to allow any minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction. You must not transmit any worms, viruses, or code of a destructive nature. A breach of any of these Terms will result in immediate termination of your Service.

2. General Conditions

We reserve the right to refuse Service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission. You understand that your content (excluding credit card information) may be transferred unencrypted over various networks. Credit card information is always encrypted during transfer.

3. Products, Pricing, and Accuracy

We make every effort to display the colors and images of our products accurately, but we cannot guarantee that your screen will display colors accurately. Prices and product descriptions are subject to change at any time without notice. We reserve the right to limit quantities, discontinue any product, or limit sales to any person, region, or jurisdiction at our sole discretion.

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate, including after you have submitted your order. We are not responsible if information made available on this Site is not accurate, complete, or current, and any reliance on the material is at your own risk.

4. Shipping and Delivery

Products are shipped from our suppliers and fulfillment partners, and delivery times are estimates only. Processing and transit times may vary based on the product, your location, and factors outside our control, including customs and carrier delays. Some orders may arrive in separate shipments. Estimated delivery windows are not guaranteed, and we are not liable for delays once an order has been handed to the carrier. Risk of loss passes to you upon delivery to the carrier.

For returns, exchanges, and refunds, please review our Refund Policy: https://tryplumly.com/pages/return-policy

5. Accuracy of Billing and Account Information

We reserve the right to refuse or cancel any order you place with us, and to limit or cancel quantities purchased per person, household, or order, including orders that use the same customer account, credit card, or billing or shipping address. You agree to provide current, complete, and accurate purchase and account information for all purchases, and to promptly update your information so that we can complete your transactions and contact you as needed.

6. Third-Party Tools and Links

We may provide access to third-party tools and links over which we have no control. These are provided "as is" without warranties of any kind, and we have no liability arising from your use of them. Third-party links may direct you to sites not affiliated with us, and we are not responsible for their content, accuracy, products, or practices. Please review their policies before engaging in any transaction. Complaints regarding third-party products should be directed to the third party.

7. User Comments and Submissions

If you send us comments, ideas, suggestions, or other materials, whether requested or not, you agree that we may edit, copy, publish, distribute, and use them in any medium without restriction or compensation. We are under no obligation to keep any comments confidential or to respond to them. You agree that your comments will not violate any third-party right or contain unlawful, abusive, obscene, or malicious material. You are solely responsible for the comments you make and their accuracy.

8. Prohibited Uses

You are prohibited from using the Site or its content: for any unlawful purpose; to solicit unlawful acts; to violate any regulations, rules, or laws; to infringe our or others' intellectual property; to harass, abuse, or discriminate; to submit false or misleading information; to upload viruses or malicious code; to collect or track others' personal information; to spam, phish, spider, crawl, or scrape; for any obscene purpose; or to interfere with the security features of the Service. We reserve the right to terminate your use of the Service for violating any prohibited use.

9. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy: https://tryplumly.com/pages/privacy-policy

10. Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free, or that the results obtained will be accurate or reliable. The Service and all products delivered to you are provided "as is" and "as available" without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Plumly or its directors, officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost data, or replacement costs, whether based in contract, tort, strict liability, or otherwise, arising from your use of the Service or any products procured using the Service. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Plumly and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of your breach of these Terms or your violation of any law or the rights of a third party.

12. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed from these Terms without affecting the validity of the remaining provisions.

13. Termination

These Terms are effective unless and until terminated by either you or us. You may terminate at any time by ceasing to use our Site. If we suspect that you have failed to comply with any term, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to the date of termination. The obligations and liabilities incurred prior to termination shall survive.

14. Entire Agreement

These Terms and any policies posted by us on this Site constitute the entire agreement between you and us, superseding any prior agreements. Our failure to exercise or enforce any right or provision shall not constitute a waiver of that right. Any ambiguities in interpretation shall not be construed against the drafting party.

15. 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 Wyoming and applicable federal law of the United States, without regard to conflict of law principles.

16. 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, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.

17. Contact Information

Questions about these Terms of Service should be sent to us at support@tryplumly.com.