Terms of Service
OVERVIEW
Welcome to Eastmonts! The terms “we”, “us” and “our” refer to Eastmonts. Eastmonts operates this store and website to provide you with a curated shopping experience (the “Services”). This store is powered by Shopify.
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, you should not use or access our Services.
1. Access and Account
You represent that you are at least the age of majority in your state or province of residence. You are solely responsible for maintaining the security of your account credentials and for all of your account activity.
2. Our Products
We have made every effort to provide an accurate representation of our products. Colors or product appearance may differ from your screen. Product descriptions are subject to change without notice, and we may discontinue or limit quantities of any product.
3. Orders
When you place an order, you are making an offer to purchase; we may accept or decline it at our discretion. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. Purchases must be for personal or household use, not commercial resale.
4. Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price charged is the price in effect at the time the order is placed. Posted prices do not include taxes, shipping, handling, customs or import charges unless stated otherwise.
5. Shipping and Delivery
We are not liable for shipping and delivery delays caused by carriers, customs, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. Damaged or lost orders are resolved per our Refund Policy.
6. Intellectual Property
Our Services, including trademarks, text, images, and design, are owned by Eastmonts or its licensors and protected by intellectual property laws. These Terms permit personal, non-commercial use only.
7. Optional Tools
Third-party tools made available through the Services are provided “as is” without warranty. Use of such tools is at your own risk.
8. Third-Party Links
The Services may link to third-party websites. We are not responsible for their content, accuracy, or your transactions with them.
9. Relationship with Shopify
This store is powered by Shopify, but sales are made directly with Eastmonts. Shopify is not responsible for any aspect of sales between you and Eastmonts.
10. Privacy Policy
All personal information we collect is subject to our Privacy Policy.
11. Feedback
Any feedback you submit grants us a perpetual, worldwide, royalty-free license to use it for any purpose, including commercial use.
12. Errors, Inaccuracies and Omissions
We reserve the right to correct any errors, inaccuracies or omissions and to change information or cancel orders at any time without prior notice.
13. Prohibited Uses
You may not use the Services for any unlawful purpose, to infringe intellectual property rights, to harass others, to transmit false information, spam, or malicious code, or to interfere with the security of the Services.
14. Termination
We may terminate your access to the Services at any time, without notice, at our sole discretion.
15. Disclaimer of Warranties
The Services and all products are provided "as is" and "as available" without warranties of any kind, to the fullest extent permitted by law. Nothing in these Terms excludes statutory consumer guarantees that cannot lawfully be excluded.
16. Limitation of Liability
To the fullest extent permitted by law, Eastmonts is not liable for indirect, incidental, or consequential damages. Our total aggregate liability shall not exceed the greater of the amount you paid us in the preceding 12 months or US$100.
17. Indemnification
You agree to indemnify and hold harmless Eastmonts and Shopify from claims arising out of your breach of these Terms or violation of law or third-party rights.
18. Severability
If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
19. Waiver; Entire Agreement
These Terms constitute the entire agreement between you and us regarding the Services.
20. Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms without notice.
21. Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. Consumers outside the U.S. retain the protection of mandatory consumer-protection laws of their country of residence.
22. Dispute Resolution; Binding Arbitration; Class Action Waiver
Before filing a claim, you agree to first contact us at hello@eastmonts.com and give us 30 days to resolve it informally. Unresolved disputes shall be settled by binding individual arbitration administered by the American Arbitration Association, except claims may be brought in small claims court or for injunctive relief to protect intellectual property. Both parties waive the right to a jury trial and to participate in class actions. You may opt out of arbitration within 30 days of first accepting these Terms by emailing hello@eastmonts.com with "Arbitration Opt-Out". Consumers habitually resident in the EU, UK, or jurisdictions that do not permit pre-dispute arbitration agreements are not subject to this section.
23. Headings
Headings are included for convenience only and do not affect these Terms.
24. Changes to Terms of Service
We may update these Terms at any time by posting changes to our website. Continued use of the Services after changes constitutes acceptance.
25. Contact Information
Questions about these Terms should be sent to hello@eastmonts.com. Eastmonts Goods LLC, 8 The Green #11988, Dover, DE 19901, United States.
26. SMS/MMS Mobile Message Marketing Program
By opting in to our mobile messaging program, you agree to receive automated marketing messages at the phone number provided; consent is not required to make a purchase. Reply STOP to any message to opt out at any time.