Terms of service

OVERVIEW

Welcome to Quarātus! The terms “we,” “our,” and “us” refer to Quarātus. Quarātus operates this store and this website, including all related information, content, features, tools, products, and services, in order to provide you, as a customer, with a personalized shopping experience (the “Services”). Quarātus uses the Shopify platform, which allows us to offer you the Services.

The general terms and conditions below, together with the policies referenced in them (the “Terms of Use” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Use carefully, as they contain important information about your legal rights, including disclaimers of warranties 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 [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.


ARTICLE 1 - ACCESS AND ACCOUNT

By accepting these Terms of Use, you represent that you have reached the legal age of majority in your state or province of residence, and you consent to allow your minor children to use the Services on devices that you own, purchase, or manage.

To use the Services, including to access or browse our online stores or to purchase any of the products or services we offer, you may be required to provide certain information, such as your email address and your billing, payment, and shipping information. You represent and warrant that all information you provide in our stores 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 for all activity under your account. You are not permitted to transfer, sell, assign, or license your account to another person.


ARTICLE 2 - OUR PRODUCTS

We have made every effort to accurately display our products and services in our online stores. However, please note that the colors or appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.

We do not guarantee that the appearance or quality of the products or services you have purchased will meet your expectations or be identical to what is presented or rendered in our online stores.

All product descriptions 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 products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.


ARTICLE 3 - ORDERS

When you place an order, you are making an offer to purchase. Quarātus reserves the right to accept or refuse your order for any reason at its discretion. Your order is not considered accepted until written confirmation has been provided by Quarātus. We must receive and process your payment before your order can be validated. Please review your order carefully before submitting it, as Quarātus may not be able to accept cancellation requests once the order has been confirmed. If your order is refused, modified, or canceled, we will attempt to contact you using the email address, billing address, and/or telephone number provided when the order was placed.

Your purchases are subject to return or exchange conditions in accordance with our Refund Policy. You represent and warrant that your purchases are intended for personal or household use only and not for commercial resale or export.


ARTICLE 4 - PRICING 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 stated in the order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties, or import charges.

Prices displayed in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may, from time to time, offer promotions on our Services that may affect pricing and that are governed by separate terms and conditions from these Terms. In the event of any conflict between the terms of a promotion and these Terms, the promotional terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.

You represent and warrant that: (i) your credit card information is accurate, correct, and complete, (ii) you are authorized to use that card for the purchase, (iii) the charges incurred will be honored by your card issuer, and (iv) you will pay the charges incurred at the prices displayed, including shipping and handling fees, as well as any applicable taxes.


ARTICLE 5 - SHIPPING AND DELIVERY

We cannot be held responsible for shipping or delivery delays. All delivery times provided are estimates only and are not guaranteed. We disclaim all liability for delays caused by carriers, customs procedures, or any event beyond our control. Once the products are delivered to the carrier, title and risk of loss pass to you.


ARTICLE 6 - INTELLECTUAL PROPERTY

Our Services, including, without limitation, all registered trademarks, marks, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of Quarātus, its affiliates, or its licensors. They are protected by U.S. and foreign patent, copyright, and intellectual property laws.

These Terms authorize you to use the Services only for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly stated in these Terms, nothing shall be construed as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property of Quarātus, Shopify, or any third party. Any unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Quarātus.

The names, logos, product and service names, designs, and slogans of Quarātus are trademarks of Quarātus, its affiliates, or its licensors. You may not use them without the prior written permission of Quarātus. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are the trademarks of their respective owners.


ARTICLE 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, tools that we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement from us. We disclaim any 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. It is your responsibility to ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms of Use.


ARTICLE 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including integrated third-party features. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We disclaim all liability for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content on such websites. We encourage you to review carefully the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.


ARTICLE 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: this section accurately describes the relationship between Shopify and your store and must not be deleted or modified.]

Quarātus is powered by Shopify, which enables us to provide you with the Services. However, any sale or purchase made in our Store is made directly with Quarātus. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Quarātus, including any injury, damage, or loss arising from products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or related to your purchase and transaction with Quarātus.


ARTICLE 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and some personal information may also be subject to Shopify’s Privacy Policy, available 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 relating to your access to and use of the Services in order to provide and improve the Services for you. Information that you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than your country of residence, in order to provide services to you. Please review our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.


ARTICLE 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Use.

You also represent and warrant that: (i) you own or otherwise control all rights in and to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

We may, but are not obligated to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, data protection, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or any computer virus or malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.


ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally contain information that includes typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate, at any time and without prior notice, including after you have submitted your order.


ARTICLE 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local regulation, rule, or law; (c) in a manner that infringes the intellectual property rights of Quarātus, Shopify, or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, use, or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including “spam,” “chain letters,” “junk mail,” or any similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Quarātus, Shopify, users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, or similar practices through the Services; (e) use robots, spiders, scraping tools, data mining or extraction tools, automated devices, AI tools including agentic AI, or any automated or manual means to access the Services; or (f) interfere with, circumvent, or disable any security or access control features, robot exclusion headers, or any other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any provision of these Terms.


ARTICLE 14 - AGENTS

14.1 This section (“Agent Terms”) applies if you use, authorize, enable, or cause the deployment of an Agent to access, use, or interact with the Services. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity, and that may be executed on or used by a device belonging to a person without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it continuously identifies itself and operates in strict compliance with the terms set out in section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including by technical measures, whether and how an Agent may access, use, and interact with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent’s name by including the following in the user-agent string: “Agent/[agent name]”; (ii) not conceal or mask the fact that access, use, or interaction comes from an Agent, including by (a) imitating human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or other measures designed to distinguish computer use from human use; (iii) answer honestly any prompt or question intended to determine whether the interactions come from a human or a computer; and (iv) not circumvent or avoid any measure designed to block, limit, modify, or control Agent access to, use of, or interaction with the Services.


ARTICLE 15 - TERMINATION

We reserve the right to terminate this agreement or your access to the Services, or any part thereof, at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

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

ARTICLE 16 - EXCLUSION OF GUARANTEES

The information presented on or via the Services is made available for informational purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any trust you place in this information is strictly at your own risk. We disclaim all responsibility and guarantee regarding the consequences arising from the use of this information by yourself, any other visitor to the Services or any person informed of its content.

UNLESS EXPRESSLY MENTIONED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLICIT WARRANTIES OR CONDITIONS OF MERCHANTALITY, FITNESS FOR A PARTICULAR USE, DURABILITY, TITLE DEED AND NON- CIRCUMVENTION OF RIGHTS. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, PUNCTUAL, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLICIT OR OTHER WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

ARTICLE 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT] OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SERVICE PROVIDERS OR LICENSEES, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE HELD LIABLE FOR ANY DOMAIN, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, ACCESSORY, EXEMPLARY, SPECIAL OR CONSEQUENTIAL HARM OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, INCOME, SAVINGS, DATA, REPLACEMENT FEES OR ANY OTHER SIMILAR DAMAGE, WHETHER BASED ON A CONTRACT, FAULT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED, IN ANY WAY, TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN NOTIFIED OF THEIR POSSIBILITY.

ARTICLE 18 - COMPENSATION

You agree to indemnify, defend and hold harmless Quarātus, Shopify, and our affiliates, partners, officers, directors, employees, agents, service providers, licensors and service providers, for any loss, damage, liability or claim, including reasonable attorneys' fees, due to a third party and resulting (1) your breach of these Terms of Use or the materials they contain 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.

We will inform you of any claim covered by this guarantee, provided that a lack of prompt notification does not exempt you from your obligations, unless you suffer material damage. We can defend and settle any claim at your expense, including the choice of legal advice, but we will not compromise on a claim involving non-pecuniary obligations on your part without your consent (which you cannot refuse unreasonably). You will cooperate in the defense of claims covered by this warranty, in particular by providing the relevant documents.

ARTICLE 19 - DIVISIBILITY

In the event that any provision of these Terms of Use is held to be illegal, void or unenforceable, that provision will remain applicable to the maximum extent permitted by applicable law, and the unenforceable part will be deemed to be separate from these Terms of Use. Such a determination shall not affect the validity or applicability of the other remaining provisions.

ARTICLE 20 - WAIVER; FULL AGREEMENT

The fact that you do not exercise or require the exercise of any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Use, as well as the policies or rules of use published by us on this site or related to the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They are a substitute for any prior or contemporary agreement, communication or proposal, whether oral or written, between you and us (including, without limitation, previous versions of the Terms of Use).

Any ambiguity in the interpretation of these Terms of Use will not be interpreted against the drafting party.

ARTICLE 21 - ASSIGNMENT

You may not delegate, transfer or assign this agreement, nor any of your rights or obligations under these Terms, without our prior written consent. Any unauthorized attempt at transfer will be deemed null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 - APPLICABLE LAW

These Terms of Use, as well as any separate agreements by which we provide the Services to you, will be governed by and interpreted in accordance with federal laws and the laws of the States or territories of the courts of competent jurisdiction where Quarātus has its registered office. You and Quarātus expressly consent to the territorial and personal jurisdiction of these courts.

ARTICLE 23 - TITLES

The titles used in this Agreement are included for convenience and will not affect or limit the interpretation of these Terms.

ARTICLE 24 - MODIFICATION OF THE TERMS OF USE

You can view the most recent version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates and modifications on our website. It is your responsibility to periodically consult our site to take note of any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your use or continued access to the Services after posting changes to these Terms constitutes acceptance of these Terms.