Terms of service

OVERVIEW

Welcome to Ninth Of One! The terms “we”, “us” and “our” refer to Ninth Of One. Ninth Of One 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”). Ninth Of One is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, including all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover areas such as 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 the Privacy Policy, you may not access or use our Services.

ARTICLE 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 that you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our stores or purchasing products or services, we may ask you to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide 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 credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

ARTICLE 2 – OUR PRODUCTS

We strive to display our products and services as accurately as possible. However, colors and product appearance may differ depending on your device and screen settings.

We do not guarantee that the appearance or quality of any products or services purchased will meet your expectations or match the images shown.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and limit quantities per person, region, or jurisdiction.

ARTICLE 3 – ORDERS

When you place an order, you make an offer to purchase. Ninth Of One reserves the right to accept or refuse your order at our sole discretion. Your order is only accepted once we confirm it. Payment must be received and processed before acceptance.

Please review your order carefully. We may not be able to cancel orders after acceptance. If we cancel or modify an order, we will attempt to notify you using the contact information provided.

Returns and exchanges are subject to our Refund Policy.

You represent that purchases are for personal use only and not for resale or export.

ARTICLE 4 – PRICING AND BILLING

Prices, discounts, and promotions may change without notice. The price charged is the price displayed at checkout and confirmed in your order confirmation email. Prices are exclusive of taxes, shipping, handling, customs, and import duties unless otherwise stated.

You agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account information.

You represent that:

  • Payment information is accurate

  • You are authorized to use the payment method

  • Charges will be honored

  • You will pay all charges including shipping and taxes

ARTICLE 5 – SHIPPING AND DELIVERY

We are not responsible for shipping delays. Delivery times are estimates only. Once products are handed to the carrier, ownership and risk transfer to you.

ARTICLE 6 – INTELLECTUAL PROPERTY

All content in the Services including trademarks, logos, text, graphics, images, video, audio, and design are owned by Ninth Of One or licensors and protected by intellectual property laws.

You may only use the Services for personal, non-commercial purposes. You may not reproduce, distribute, modify, or exploit content without written permission.

All trademarks of Ninth Of One and Shopify remain the property of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS

We may provide access to third-party tools. These tools are provided “as is” without warranties. Your use of optional tools is entirely at your own risk.

ARTICLE 8 – THIRD-PARTY LINKS

The Services may include links to third-party websites. We are not responsible for third-party content, products, or services. Use of third-party sites is at your own risk.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

Ninth Of One uses Shopify to power the store. All purchases are between you and Ninth Of One. Shopify is not responsible for any sales, products, or services purchased.

You agree to release Shopify from any claims related to purchases made from Ninth Of One.

ARTICLE 10 – PRIVACY POLICY

All personal information collected through the Services is governed by our Privacy Policy. Shopify may also process your data. By using the Services, you acknowledge both privacy policies.

ARTICLE 11 – FEEDBACK

By submitting feedback, suggestions, or content, you grant us a worldwide, perpetual, royalty-free license to use, reproduce, modify, publish, and distribute such feedback for any purpose.

You represent that you own the rights to your feedback and that it does not violate any third-party rights.

ARTICLE 12 – ERRORS AND OMISSIONS

We reserve the right to correct errors, inaccuracies, or omissions and to cancel orders if information is inaccurate.

ARTICLE 13 – PROHIBITED USES

You may not use the Services for unlawful purposes or to:

  • Violate laws

  • Infringe intellectual property

  • Harass or abuse others

  • Submit false information

  • Send spam or malware

  • Scrape or collect data

  • Circumvent security features

We may terminate access for violations.

ARTICLE 14 – TERMINATION

We may terminate your access at any time without notice. You remain liable for amounts owed prior to termination.

ARTICLE 15 – DISCLAIMER OF WARRANTIES

The Services and products are provided “as is” and “as available” without warranties of any kind, express or implied.

ARTICLE 16 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, Ninth Of One and partners shall not be liable for any indirect, incidental, or consequential damages including lost profits, revenue, or data.

ARTICLE 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Ninth Of One, Shopify, and affiliates from claims arising from your breach of these Terms or misuse of the Services.

ARTICLE 18 – SEVERABILITY

If any provision is found unenforceable, the remaining provisions remain in effect.

ARTICLE 19 – ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Ninth Of One.

ARTICLE 20 – ASSIGNMENT

You may not assign your rights without permission. We may assign these Terms without notice.

ARTICLE 21 – GOVERNING LAW

These Terms are governed by the laws of the jurisdiction where Ninth Of One is headquartered.

ARTICLE 22 – HEADINGS

Headings are for convenience only.

ARTICLE 23 – CHANGES TO TERMS

We may update these Terms at any time. Continued use of the Services constitutes acceptance of changes.

ARTICLE 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to:

Ninth Of One

info@ninthofone.com