Terms of service
OVERVIEW
Welcome to Andros Wear (“Andros”). The terms “we”, “us” and “our” refer to Andros Labs, Inc. (“Company”), which operates this store and website under the Andros Wear brand, including all related information, content, features, tools, products and services (the “Services”). Andros Wear 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 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 and our Privacy Policy. If you do not agree, 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, province, or country 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 activity that occurs under your account. 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, colors and product appearance may differ from how they appear on your screen due to device type, 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 as depicted 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. Andros Labs, Inc. reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as we 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 by contacting the email, billing address, and/or phone number provided at the time the order was made.
We reserve the right to refuse or cancel any order suspected of fraud, unauthorized activity, or resale.
Your purchases are subject to return or exchange solely in accordance with our 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 set out 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 be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer promotions from time to time that may affect pricing and that are governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Bundle pricing reflects standard volume pricing and is not considered a sale unless expressly stated.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method provided; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay all charges at the posted prices, including shipping and handling charges and all applicable 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, incorrect address information, or events outside our control.
Once we transfer products to the carrier, title and risk of loss pass to you, subject to applicable consumer protection laws.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Andros Labs, Inc., its affiliates, or licensors and are protected by 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 of, publicly display, publicly perform, republish, download, store, or transmit any material on 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 of Andros Labs, Inc., Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved.
“Andros,” “Andros Wear,” and our names, logos, product and service names, designs, and slogans are trademarks of Andros Labs, Inc. or its licensors. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other marks are the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
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 by you 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, and such features shall be deemed 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 (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access third-party materials or sites, you do so at your own risk.
We are not liable for harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review third-party policies and practices before you engage in any transaction.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Andros Wear is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Andros Labs, Inc. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Andros Labs, Inc., including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Andros Labs, Inc.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify and with third parties that may be located in other countries than where you reside in order to provide services to you. Review our Privacy Policy for more details.
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 in any medium for any purpose, including commercial use.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable, or violating any party’s intellectual property or these Terms.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you submit your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any laws or regulations; (c) to infringe our intellectual property rights or the rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person; (e) to transmit false or misleading information; (f) to send or upload material that does not comply with these Terms; (g) to transmit spam or other unsolicited promotional material; (h) to impersonate any person or entity; or (i) to engage in conduct that restricts or inhibits anyone’s use of the Services or may harm Andros Labs, Inc., Shopify, or users.
In addition, you agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent security features. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will 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 survive.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY ANDROS LABS, INC., THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL ANDROS LABS, INC., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Andros Labs, Inc., 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 any third party due to or arising out of: (1) your breach of these Terms or documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. This does not affect the validity of the remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision shall not constitute a waiver.
These Terms and any policies posted by us constitute the entire agreement between you and us and govern your use of the Services, superseding prior agreements and communications.
SECTION 20 - ASSIGNMENT
You may not transfer or assign these Terms or any rights or obligations under them without our prior written consent. We may transfer or assign these Terms without notice.
SECTION 21 - 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 Delaware, without regard to conflict of law principles. You and Andros Labs, Inc. consent to venue and personal jurisdiction in the state and federal courts located in Delaware.
SECTION 22 - HEADINGS
Headings are for convenience only and do not limit or affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates on our website. It is your responsibility to check periodically for changes. Where required by law, we will notify you of material changes, and such changes will be effective as stated in the notice. Your continued use of the Services following the posting of changes constitutes acceptance.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@androsforma.com.
Our contact information is posted below:
Andros Labs, Inc.
(operating online under the Andros Wear brand)
589 Howard St, Suite 100
San Francisco, CA 94105
United States
Email: contact@androsforma.com