Terms of service
TERMS OF USE OVERVIEW
Welcome to Utopiya! The terms "we," "our," and "us" refer to Utopiya. Utopiya operates this store and website, including all associated information, content, features, tools, products and services, in order to provide you, as a customer, with a carefully curated shopping experience (the "Services"). Utopiya is powered by Shopify, which enables us to provide you with the Services.
These terms and conditions, along with any policies referenced herein (the "Terms of Use" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Use carefully, as they contain important information regarding your legal rights and cover topics 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 Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Use, you represent that you have reached the age of majority in your province, territory or state of residence, and that you have given your consent to allow your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including browsing our online stores or purchasing our products or services, you may be required to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information provided is accurate, current and complete, and that you have all necessary rights to provide such information.
You are solely responsible for the security of your account credentials and any activity associated with your account. You may not transfer, sell, assign or sublicense your account to another person.
SECTION 2 – OUR PRODUCTS
We make every effort to present an accurate representation of our products and services. However, colors and the appearance of products may vary depending on the device used, its settings and configuration.
We do not guarantee that the appearance or quality of products or services purchased will meet your expectations or be identical to what is displayed on our online store.
All product descriptions may be modified at any time, without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and to limit available quantities by person, region or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are submitting an offer to purchase. Utopiya reserves the right to accept or refuse any order, at its discretion, for any reason. Your order is only considered accepted after confirmation by Utopiya. We must receive and process your payment before accepting your order.
Please review your order carefully before submitting it, as Utopiya may not be able to accommodate cancellation requests after an order has been accepted. If we refuse, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided.
Your purchases are subject to returns or exchanges only in accordance with our Refund Policy.
You represent and warrant that your purchases are intended for personal or domestic use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time of the order and will appear in your confirmation email.
Unless otherwise stated, displayed prices do not include taxes, shipping, handling, customs or import fees.
Online prices may differ from those offered in physical stores or on other third-party sites or stores. We may offer promotions governed by separate terms; in the event of a conflict, the terms of the promotion will prevail.
You agree to provide accurate and up-to-date purchase, payment and account information, and to promptly update it (email address, card numbers, expiry dates, etc.) so that we may complete your transactions and contact you as needed.
You represent and warrant: (i) that the card information provided is accurate, (ii) that you are authorized to use that card, (iii) that the charges will be honored by your card issuer, (iv) that you will pay all applicable charges, including shipping and taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. Delivery timeframes are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs or events beyond our control. Once products have been handed over to the carrier, title and risk of loss are transferred to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, logos, text, displays, images, graphics, reviews, videos, audio, as well as their design, selection and arrangement, are the property of Utopiya, its affiliates or its licensors, and are protected by intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works, publicly display, republish, download, store or transmit any content without our prior written authorization.
Unless expressly stated, nothing in these Terms grants you a license or right to any patents, trademarks, copyrights or other rights of Utopiya, Shopify or any third party. Unauthorized use may constitute a violation of applicable laws.
Utopiya's names, logos, product names, designs and slogans are trademarks of Utopiya. You must not use them without prior written authorization. Shopify and its trademarks belong to Shopify. All other trademarks belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor and over which we have no control. You acknowledge that these tools are provided "as is" and "as available," without warranties or endorsement. We will not be responsible for your use of these tools.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content, accuracy or practices of these sites. If you leave our Services, you do so at your own risk. Any complaints regarding third-party products or services must be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Utopiya is powered by Shopify, but purchases made on our store are concluded directly with Utopiya. You acknowledge that Shopify is not responsible for sales between you and Utopiya, including any injury, damage or loss related to the products. You expressly release Shopify and its affiliates from any claims related to your purchases and transactions with Utopiya.
SECTION 10 – PRIVACY POLICY
The submission of personal information through the store is governed by our Privacy Policy. To view it, click here.
SECTION 11 – COMMENTS AND FEEDBACK
If you submit ideas, suggestions, reviews, comments, proposals or other content ("Feedback"), you grant us a worldwide, perpetual, assignable, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback, including for commercial purposes.
You also represent: (i) that you hold the necessary rights to the Feedback, (ii) that you have disclosed any compensation related to the Feedback, (iii) that the Feedback complies with these Terms.
We are not obligated to keep Feedback confidential, to compensate for it, or to respond to it. We may remove any Feedback deemed illegal, offensive or contrary to intellectual property rights.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information may contain errors (descriptions, prices, promotions, fees, timeframes, availability). We reserve the right to correct any errors, update information or cancel an order if information is inaccurate, at any time and without notice.
SECTION 13 – PROHIBITED USES
You may only use the Services for lawful purposes. You are prohibited from using the Services: (a) for illegal or malicious purposes; (b) to violate any laws or regulations; (c) to infringe intellectual property rights; (d) to harass, threaten, defame or harm others; (e) to transmit false information; (f) to transmit spam or solicitations; (g) to impersonate another person; (h) to disrupt the use of the Services.
You also agree not to: (a) transmit viruses or malicious code; (b) copy, sell or exploit any part of the Services; (c) collect the personal information of others; (d) engage in scraping or crawling; (e) circumvent security measures.
We may suspend or terminate your account at any time, without notice, in the event of a violation.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services at any time, without notice. You remain responsible for any amounts owed up to the date of termination. Certain sections will survive termination (Intellectual Property, Feedback, Warranty Disclaimers, Limitation of Liability, etc.).
SECTION 15 – DISCLAIMER OF WARRANTIES
Information presented through the Services is provided for informational purposes only. We do not guarantee its accuracy or usefulness. Any use is at your own risk.
EXCEPT AS EXPRESSLY STATED, THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED, SECURE OR ERROR-FREE ACCESS. SOME JURISDICTIONS LIMIT THESE EXCLUSIONS, SO THEY MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UTOPIYA (AS WELL AS ITS PARTNERS, OFFICERS, EMPLOYEES, AFFILIATES, SUPPLIERS, AND SHOPIFY AND ITS AFFILIATES) SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA, SAVINGS, ETC.), ARISING FROM THE USE OF THE SERVICES OR THE PURCHASE OF PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Utopiya, Shopify and their affiliates, officers, employees, agents and suppliers from any loss or claim (including attorney's fees) arising from: (1) a breach of these Terms; (2) a violation of any law or the rights of a third party; (3) your access to or use of the Services.
SECTION 18 – SEVERABILITY
If any provision is found to be unlawful or unenforceable, it will be applied to the extent permitted by law and the remainder of the Terms will remain valid.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Failure to exercise a right does not constitute a waiver. These Terms and policies constitute the entire agreement between you and us and supersede any prior agreements. Ambiguities will not be interpreted against the drafting party.
SECTION 20 – ASSIGNMENT
You may not assign your rights or obligations without our written authorization. We may assign or transfer these Terms without notice.
SECTION 21 – GOVERNING LAW
These Terms are governed by and interpreted in accordance with the federal and/or provincial/territorial laws and courts of the jurisdiction where Utopiya has its registered office. You and Utopiya consent to the jurisdiction of these courts.
SECTION 22 – HEADINGS
Headings are provided for convenience only and do not affect the interpretation of these Terms.
SECTION 23 – CHANGES TO TERMS
You may view the most recent version of the Terms at any time on this page. We may modify these Terms by posting updates on our site. Your continued use of the Services after posting constitutes acceptance of the changes.
SECTION 24 – CONTACT INFORMATION
Any questions regarding the Terms of Use should be sent to: 📧 info@utopiya.ca