Terms of service

OVERVIEW

Welcome to 9th Garage! The terms “we,” “us,” and “our” refer to 9th Garage. 9th Garage operates this store and website, including all information, content, features, tools, products, and related services, in order to provide you, as a customer, with a curated shopping experience (the “Services”). 9th Garage is powered by Shopify, which enables us to provide the Services.

The following terms and conditions, together with any policies referred to herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover matters 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 Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state or region of residence and that you have given us your consent to allow any minor dependents to use the Services on devices that you own, purchase, or control.

To use the Services, including accessing or browsing our online stores or purchasing any product or service that we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide through our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities carried out through your account. You may not transfer, sell, assign, or license your account to any third party.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors and appearance of our products may differ from how they appear on your screen, depending on the type of device used to access the store and its settings and configurations.

We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or exactly match what is represented or displayed 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 any product offered to any person, geographic area, or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. 9th Garage reserves the right to accept or reject your order for any reason, at our sole discretion. An order is not accepted until 9th Garage confirms its acceptance. Payment must be received and processed before an order is accepted.

Please review your order carefully before submitting it, as 9th Garage may not be able to accommodate cancellation requests after the order has been accepted. If an order is not accepted, is modified, or is canceled, we will attempt to notify you by contacting you at the email address, billing address, and/or telephone number provided when the order was placed.

Purchases are subject to returns or exchanges solely in accordance with our Refund Policy.

You represent and warrant that purchases are intended for personal or household 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 for a product or service will be the price in effect at the time the order is submitted and will be stated in the order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping charges, handling fees, customs duties, or import costs.

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

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

You represent and warrant that: (1) the credit card information you provide is true, accurate, and complete; (2) you are duly authorized to use such credit card for the purchase; (3) charges incurred will be honored by your credit card issuer; and (4) all amounts charged will be paid at the published prices, including applicable shipping and handling charges and all applicable taxes, where required.

SECTION 5 – SHIPPING AND DELIVERY

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

Once the products have been handed over to the shipping carrier, ownership and the risk of loss shall pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, branding, text, visual elements, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are owned by 9th Garage, its affiliates, or its licensors and are protected by United States and foreign laws relating to patents, copyrights, and other intellectual property rights.

These Terms permit you to use the Services solely 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 contained in the Services without our prior written consent.

Except as expressly provided in these Terms, nothing contained herein grants or shall be construed as granting any license or other rights with respect to any patents, trademarks, copyrights, or other intellectual property rights of 9th Garage, Shopify, or any third party.

Unauthorized use of the Services may constitute a violation of applicable federal, state, or other intellectual property laws. All rights not expressly granted under these Terms are reserved by 9th Garage.

The names, logos, product and service names, designs, and slogans of 9th Garage are trademarks of 9th Garage or its affiliates or licensors. You may not use such trademarks without the prior written consent of 9th Garage.

The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools as part of the Services that we do not monitor and over which we have no control or influence.

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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms and conditions under which such tools are provided by their respective third-party providers.

We may also offer new features through the Services in the future, 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 Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including any third-party features or integrations. We are not responsible for reviewing or evaluating the content or accuracy of materials or websites operated by third parties 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 are not responsible for any damage or loss related to accessing third-party websites or purchasing or using products, services, resources, or content available on third-party websites.

Please carefully review 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.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

9th Garage is powered by Shopify, which enables us to provide the Services. However, all sales and purchases made through our store are conducted directly with 9th Garage.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and 9th Garage, including any damages, injuries, or losses arising from the products and services purchased.

You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or relating to your purchases and transactions with 9th Garage.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read this Privacy Policy.

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. Information that you submit through the Services may be transmitted to and shared with Shopify, as well as with third parties that may be located in a country other than the country in which you reside, in order to provide the Services.

Please refer to our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.

SECTION 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, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes. For example, we may exercise the rights granted under this license to operate, provide, evaluate, improve, develop, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You further represent and warrant that: (1) you own or have all necessary rights to all Feedback you provide; (2) you have disclosed any compensation or incentives received in connection with submitting such Feedback; and (3) your Feedback will comply with these Terms. We are not and will not be obligated to: (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

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, libelous, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, libelous, or otherwise unlawful, illegal, or obscene material, or contain any computer viruses or other malware that could in any way affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.

If any such information is inaccurate, we reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice, including after an order has been submitted.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate any applicable local, international, federal, provincial, state, or other laws, regulations, rules, or ordinances; (c) to violate or infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise harm any of our employees or any other person; (e) to submit false or misleading information; (f) to submit, knowingly receive, upload, download, 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 junk mail, chain letters, spam, or any other similar form of solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (1) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, in our discretion, may harm 9th Garage, Shopify, or users of the Services, or expose them to liability.

You further agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that could compromise the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or monitor the Personal Information of others; (d) engage in spamming, phishing, pharming, or pretexting through the Services; (e) use robots, spiders, scraping tools, data collection or extraction tools, automated devices or processes, artificial intelligence tools (including agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass any security or authorization features, robot exclusion headers, or 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.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services. An “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and that may operate on behalf of or through a person’s device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements set forth in Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.

14.3 We may establish limitations, including through technical measures, on the manner and conditions under which an Agent may access, use, or interact with the Services.

14.4 Agents must: (i) identify in all HTTP/HTTPS requests that the request originates from an Agent and state the Agent’s name by including the following in the request’s user-agent string: “Agent/[agent name]”; (ii) not conceal or obscure the fact that any access, use, or interaction originates from an Agent, including by (a) imitating human behavior or interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) truthfully respond to any question or prompt intended to determine whether interactions originate from a human or a computer; and (iv) not circumvent or otherwise evade any measure designed to block, limit, modify, or control whether or how Agents access, use, or interact with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice, and you will remain responsible for all amounts due up to and including the date of termination.

Even if this agreement is terminated, the following sections will remain in effect: 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.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or by any other visitor to the Services, or by anyone who may be informed of any of their contents.

SECTION 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless 9th Garage, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, asserted by any third party or arising out of (1) your breach of these Terms and Conditions of Service or any documents incorporated herein by reference, (2) your violation of any law or the rights of any third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that any failure to provide timely notice shall not relieve you of your obligations hereunder, except to the extent that you are materially prejudiced as a result. We may assume control of the defense and settlement of such claim at your expense, including the selection of legal counsel, but we will not settle any claim that imposes any non-monetary obligations on you without your consent, which shall not be unreasonably withheld. You shall cooperate in the defense of indemnified claims, including by providing relevant documentation.

SECTION 19 – SEVERABILITY

If any provision of these Terms and Conditions of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.

These Terms and Conditions of Service and any policies or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms and Conditions of Service).

Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of the rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void and of no effect. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 – GOVERNING LAW

These Terms and Conditions of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the federal and state or territorial laws of the jurisdiction in which 9th Garage is located. You and 9th Garage consent to the territorial jurisdiction and personal jurisdiction of such courts.

SECTION 23 – HEADINGS

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms and Conditions of Service.

SECTION 24 – CHANGES TO TERMS AND CONDITIONS OF SERVICE

You can review the most current version of the Terms and Conditions of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes shall become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions regarding the Terms and Conditions of Service should be sent to info.9thgarage@gmail.com.