Terms of service
OVERVIEW
Welcome to Balancebird.surf! The terms "we", "us" and "our" refer to Balancebird.surf. Balancebird.surf operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Balancebird.surf 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 of Service 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 of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, 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 or province 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 stores 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 the information you provide in our stores 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 of your account activity. 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 stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device 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 the same as depicted or rendered in our online stores.
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.
Balance boards and related products sold by Balancebird.surf are intended for balance training, fitness, coordination, and recreational use only.
By purchasing and using our products, you acknowledge that balance training and physical activity involve inherent risks of injury, including but not limited to falls, collisions, muscle strain, or other physical injuries.
Users are responsible for using products safely, on appropriate surfaces, and according to their own skill level and physical condition. Children should use products only under adult supervision.
Balancebird.surf shall not be held liable for any injuries, damages, or losses resulting from the use, misuse, improper use, modification, or inability to use our products.
By using our products, you agree that you do so at your own risk.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Balancebird.surf reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Balancebird.surf confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Balancebird.surf 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 e-mail, billing address, and/or phone number provided at the time the order was made.
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 stores may be different from prices offered in physical stores or in online or other stores operated by third parties.
We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at 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 as needed.
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, weather conditions, or events outside our control.
Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, product designs, and the design, selection, and arrangement thereof, are owned by Balancebird.surf or its licensors and are protected by 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 of the material on the Services without our prior written consent.
Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted herein are reserved by Balancebird.surf.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties or conditions of any kind.
Any use by you of optional third-party tools offered through the site is entirely at your own risk and discretion.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties.
We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.
If you decide to leave the Services to access third-party websites, you do so at your own risk.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Balancebird.surf 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 Balancebird.surf.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Balancebird.surf.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy.
Because the Services are hosted by Shopify, Shopify may collect and process personal information related to your access and use of the Services.
By using the Services, you acknowledge that you have read our Privacy Policy.
SECTION 11 - FEEDBACK
If you submit reviews, feedback, suggestions, or other content to us, you grant us permission to use, reproduce, modify, publish, and display such content for commercial or promotional purposes.
You are solely responsible for any feedback or content you submit.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, and availability.
We reserve the right to correct any errors, inaccuracies or omissions and to update or change information at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may not use the Services for any unlawful or unauthorized purpose.
You agree not to:
- violate any laws or regulations;
- infringe intellectual property rights;
- transmit malicious code or spam;
- attempt to interfere with the security or functionality of the Services;
- use automated systems or scraping tools without permission.
SECTION 14 - AGENTS
No automated tools, bots, AI agents, or scraping systems may access or interact with the Services in violation of our policies or technical protections.
We reserve the right to block or restrict automated access to the Services at any time.
SECTION 15 - TERMINATION
We may terminate or suspend access to the Services at our discretion without notice if we believe you have violated these Terms.
Any obligations or liabilities incurred before termination shall survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The Services and all products offered through the Services are provided "as is" and "as available" without warranties of any kind, either express or implied.
We do not guarantee that the Services will be uninterrupted, secure, or error-free.
Use of our products and Services is at your own risk.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Balancebird.surf shall not be liable for any direct, indirect, incidental, punitive, or consequential damages arising from your use of the Services or products purchased through the Services.
This includes, without limitation, injuries, accidents, loss of profits, loss of data, or damages resulting from misuse or improper use of products.
SECTION 18 - INDEMNIFICATION
You agree to indemnify and hold harmless Balancebird.surf and its affiliates from any claims, liabilities, damages, or expenses arising from your breach of these Terms or misuse of the Services.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions shall remain valid and enforceable.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
These Terms of Service and any policies posted on this site constitute the entire agreement between you and Balancebird.surf regarding use of the Services.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights under these Terms without our prior written consent.
We may transfer or assign these Terms without notice.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ukraine.
Any disputes arising under these Terms shall be subject to the jurisdiction of the courts of Ukraine.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting updates to our website.
Your continued use of the Services following any changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Balancebird.surf
Balancebird.surf@gmail.com
Lviv, Ukraine