Terms of Service

OVERVIEW

Welcome to Calista! The terms "we", "us" and "our" refer to Calista. Calista 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"). Calista 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. 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 or province 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 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 of your account activity. 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, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online 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. Calista reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Calista confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Calista may 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 using the email address, billing address and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy.

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 for a product or service will be the price in effect at the time the order is placed and will be shown in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online store may differ from prices offered through other channels or third-party stores. We may offer promotions that affect pricing and that are governed by terms and conditions separate from these Terms.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information 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 your selected payment method, and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our reasonable control. Once products are transferred to the carrier, title and risk of loss pass to you, subject to applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio and the design, selection and arrangement thereof, are owned by Calista, its affiliates or licensors and are protected by applicable U.S. 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 from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property belonging to Calista, Shopify or any third party.

Calista's names, logos, product and service names, designs and slogans are trademarks of Calista or its affiliates or licensors. You must not use such trademarks without prior written permission.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.

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 or relating 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.

We may also offer new features through the Services in the future, including new tools and resources. Such features shall be considered part of the Services and subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites.

We are not liable for harm or damages related to your access of third-party websites or your purchase or use of products, services, resources or content available through those websites. Please carefully review the third party's policies before engaging in any transaction.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Calista is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Calista.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Calista, including any injury, damage or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Calista.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain 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 and shared with Shopify and other service providers, including providers located in countries other than where you reside, as described in our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit 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 for purposes including operating, improving and promoting the Services.

You represent and warrant that you own or have all necessary rights to your Feedback, that you have disclosed any compensation or incentives associated with it, and that your Feedback complies with these Terms.

We may monitor, edit or remove Feedback that we determine violates applicable law, intellectual property rights or these Terms.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not use the Services for unlawful or malicious purposes, violate applicable laws or regulations, infringe intellectual property rights, harass or harm others, transmit false or misleading information, distribute malware or spam, impersonate another person or entity, improperly collect personal information, interfere with security features, or otherwise misuse the Services.

We reserve the right to suspend, disable or terminate access if we determine that these Terms have been violated.

SECTION 14 - AGENTS

This section applies if you use or enable software or services that take autonomous or semi-autonomous actions on behalf of a person or entity ("Agents") to access or interact with the Services.

Agents must accurately identify themselves, must not conceal or misrepresent automated activity, must not circumvent CAPTCHAs or other security measures, and must comply with any technical restrictions we implement regarding automated access.

We reserve the right to limit or prevent Agent access to the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, in our sole discretion as permitted by applicable law. You will remain liable for amounts due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply following termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information.

EXCEPT AS EXPRESSLY STATED BY CALISTA AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.

Some jurisdictions limit or prohibit certain warranty disclaimers, so portions of this section may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, CALISTA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, EXCEPT WHERE SUCH LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Calista, 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 a third party arising from your breach of these Terms, violation of applicable law or violation of the rights of a third party.

SECTION 19 - 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 applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted on our site constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede prior agreements or communications relating to the Services.

SECTION 21 - 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.

We may transfer, assign or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the applicable laws and courts in the jurisdiction where Calista is headquartered, subject to any mandatory consumer protection laws that may apply.

SECTION 23 - HEADINGS

The headings used in these Terms 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 these Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our website. Where required by applicable law, we will notify you of material changes.

Your continued use of or access to the Services following the effective date of updated Terms constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service or your use of our Services can be sent to:

Calista
Website: calistaglow.com
Email: support@calistaglow.com