Terms of service

OVERVIEW

Welcome to Aether Apparel! In these Terms of Service, the words “we,” “us,” and “our” refer to Aether Apparel. Aether Apparel operates this online store and website, including all related content, features, tools, products, and services (collectively referred to as the “Services”). Our platform is powered by Shopify to provide you with a curated and enjoyable shopping experience.

These Terms of Service, together with any policies referenced within them, outline your rights and responsibilities when using our Services.

Please read these Terms carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services in any way, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms or our Privacy Policy, you must not access or use the Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least the legal age of majority in your state or province of residence. You also confirm that you consent to any minor dependents under your care using the Services on devices you own, purchase, or manage.

To use the Services — including browsing our store or making purchases — you may need to provide certain information such as your email address, billing details, payment information, and shipping address. You represent and warrant that all information you provide is accurate, current, complete, and that you have the legal right to share it.

You are solely responsible for keeping your account credentials secure and for all activity that occurs under your account. You may not sell, transfer, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We make every effort to display our products and services accurately on our website. However, actual colors, appearance, and texture may vary from what you see on your screen due to differences in device displays and settings.

We do not guarantee that the products or services you receive will match exactly what is shown online or fully meet your expectations. Product descriptions may be updated or changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product and to limit the quantity offered to any customer, 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. Aether Apparel reserves the right to accept or reject your order for any reason. Your order is not considered accepted until we confirm acceptance and successfully process your payment.

Please review your order carefully before submitting it, as we may not be able to cancel or modify an order once it has been accepted. If we reject, modify, or cancel your order, we will make reasonable efforts to notify you using the email, billing address, or phone number you provided.

Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].

You represent and warrant that all purchases are intended solely for your 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 you pay will be the price in effect at the time your order is placed, as shown in your order confirmation email.

Unless otherwise clearly stated, all posted prices exclude taxes, shipping, handling, customs duties, and import charges.

Prices displayed on our website may differ from those in physical stores or on other third-party platforms. We may occasionally run promotions governed by separate terms. In the event of any conflict, the promotion terms will take priority over these Terms.

You agree to provide accurate, complete, and up-to-date purchase, payment, and account information. You must promptly update your details (including email address, credit card number, and expiration date) so we can complete your transactions and contact you when needed.

You represent and warrant that: (i) the credit card or payment information you provide is true, correct, and complete; (ii) you are authorized to use that payment method; (iii) your payment provider will honor the charges; and (iv) you will pay all amounts due, including shipping, handling, and applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for any shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs authorities, or any events beyond our reasonable control.

Once the products are transferred to the carrier, ownership (title) and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

All content on our Services — including trademarks, brand names, text, images, graphics, product reviews, videos, audio, design, layout, and selection — is owned by Aether Apparel, its affiliates, or its licensors and is protected by U.S. and international patent, copyright, and other intellectual property laws.

These Terms allow you to use the Services only for your personal, non-commercial use. You may not copy, reproduce, modify, distribute, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided, nothing in these Terms grants you any license or rights to our intellectual property. Unauthorized use may violate intellectual property laws. All rights not expressly granted are reserved by Aether Apparel.

Aether Apparel’s names, logos, product and service names, designs, and slogans are trademarks of Aether Apparel or its licensors. You may not use them without our prior written permission. Shopify’s trademarks belong to Shopify, and all other trademarks on the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools as part of the Services. We do not monitor, control, or have any input over these tools.

You acknowledge and agree that we offer access to such tools “as is” and “as available,” without any warranties or endorsements. We accept no liability arising from your use of optional third-party tools.

Your use of any third-party tools is entirely at your own risk. You should review and accept the relevant third-party provider’s terms before using them.

Any new features or tools we introduce in the future will also be considered part of the Services and governed by these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may include materials or hyperlinks to third-party websites (including embedded functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.

If you choose to access third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your access or use of third-party websites, products, or services. Please carefully review the third party’s policies before engaging with them. Any questions or complaints regarding third-party products should be directed to the third party directly.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Aether Apparel is powered by Shopify to help us deliver the Services. However, all sales and purchases you make are transacted directly with Aether Apparel. By using the Services, you acknowledge that Shopify is not responsible for any aspect of the transactions between you and Aether Apparel, including any injury, damage, or loss resulting from the products or services purchased.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from your purchases and transactions with Aether Apparel.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is governed by our Privacy Policy [LINK] and, where applicable, Shopify’s Privacy Policy. By using the Services, you confirm that you have read and understood both privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes information about your access and use of the Services to provide and improve them. Your submitted information may be transmitted to and shared with Shopify and third parties in other countries. Please review our Privacy Policy [LINK] for details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit any ideas, suggestions, feedback, reviews, proposals, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for any purpose, including commercial use and improving our Services.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives related to it; and (iii) your Feedback complies with these Terms.

We are under no obligation to keep your Feedback confidential, pay for it, or respond to it. We may monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, or in violation of these Terms.

You agree that your Feedback will not violate any third-party rights and will not contain harmful code, false information, or obscene material. You are solely responsible for the accuracy and legality of any Feedback you provide.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct such errors, update information, or cancel orders if any details are inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You agree not to use the Services, directly or indirectly, for any of the following:

(a) any unlawful or malicious purpose; (b) violating any applicable laws or regulations; (c) infringing our or others’ intellectual property rights; (d) harassing, abusing, defaming, or harming any person; (e) transmitting false or misleading information; (f) sending spam, junk mail, chain letters, or unauthorized promotional material; (g) impersonating any person or entity; (h) uploading viruses, malware, or harmful code; (i) using robots, scrapers, automated tools, AI agents, or any other means to access the Services without authorization; (j) interfering with the security or proper functioning of the Services.

We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine you have violated these Terms.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, enable, or deploy any “Agent” (any software or service that acts autonomously or semi-autonomously on behalf of a person) to access or interact with the Services.

14.2 No Agent may access or interact with the Services unless it clearly identifies itself at all times and complies with the requirements in section 14.4. We may also request that certain Agents refrain from accessing our Services.

14.3 We may restrict or block Agent access using technical measures.

14.4 All Agents must: (i) include “Agent/[agent name]” in the user-agent string of every HTTP/HTTPS request; (ii) not hide or disguise their automated nature (including by mimicking human behavior or bypassing CAPTCHAs); (iii) truthfully respond to any prompt asking whether the interaction is from a human or a computer; (iv) not attempt to circumvent any technical measures designed to control Agent access.

SECTION 15 – TERMINATION

We may terminate these Terms or your access to the Services (in whole or in part) at any time, in our sole discretion, without notice. You remain responsible for all amounts due up to the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should continue.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented on the Services is provided for general information purposes only. We do not warrant its accuracy, completeness, or usefulness. Any reliance on such information is at your own risk.

Except as expressly stated by Aether Apparel, the Services and all products are provided “as is” and “as available,” without any representations or warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions may not allow certain disclaimers, so the above may not apply to you.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Aether Apparel, Shopify, and our respective partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages — including lost profits, lost revenue, loss of data, or replacement costs — arising from your use of the Services or any products purchased through them, even if advised of the possibility of such damages.

SECTION 18 – INDEMNIFICATION

You agree to indemnify and hold harmless Aether Apparel, Shopify, and our affiliates, officers, directors, employees, agents, contractors, and service providers from any claims, losses, damages, liabilities, and reasonable legal fees arising from: (1) your breach of these Terms; (2) your violation of any law or third-party rights; or (3) your use of the Services.

We will notify you of any indemnifiable claim. You must cooperate in the defense, and we may control the defense and settlement at your expense (we will not settle claims requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld).

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain fully valid and enforceable.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision does not constitute a waiver of that right. These Terms of Service, together with any posted policies, constitute the entire agreement between you and us, superseding all prior agreements and understandings.

SECTION 21 – ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms without your consent or notice.

SECTION 22 – GOVERNING LAW

These Terms of Service shall be governed by the laws of the jurisdiction where Aether Apparel is headquartered. You and Aether Apparel consent to the exclusive jurisdiction and venue of the courts located there.

SECTION 23 – HEADINGS

Headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can always view the most current version of these Terms on this page. We reserve the right to update, change, or replace any part of these Terms at any time by posting the revised version on our website. It is your responsibility to check for updates periodically.

We will notify you of material changes as required by law. Your continued use of the Services following any posted changes constitutes your acceptance of the updated Terms.

SECTION 25 – CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at swensondockstader@gmail.com.

Aether Apparel swensondockstader@gmail.com [INSERT BUSINESS ADDRESS] [INSERT BUSINESS PHONE NUMBER] [INSERT BUSINESS REGISTRATION NUMBER] [INSERT VAT NUMBER]