Terms of service

GLAYUM Terms of Service

OVERVIEW

Welcome to GLAYUM! The terms "we," "us," and "our" refer to GLAYUM. GLAYUM 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"). GLAYUM 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 our 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 that 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 and 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 on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2: OUR PRODUCTS

We sell rare, vintage, antique, and one-of-a-kind goods. We have made every effort to represent our products accurately, including any age-related wear, flaws, or imperfections inherent to pre-owned and antique items. However, colors and product appearance may differ from how they appear on your screen due to your device's settings and configuration.

We do not warrant that the appearance or quality of any product purchased by you will meet your expectations or be identical to how it is depicted in our online store. Because our pieces are vintage and singular, natural variation, patina, and minor imperfections are part of each item's character.

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 to limit the quantities of any products 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. GLAYUM reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until GLAYUM confirms acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as GLAYUM may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time of the order.

Your purchases are subject to return or exchange solely in accordance with our Refund & Returns Policy. Please note that, because each piece is one of a kind, all sales are final except where the fault is ours, as described in that policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale.

SECTION 4: PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product 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, which may apply to international orders and are your responsibility.

We may, from time to time, offer promotions that affect pricing and that are governed by separate terms. If there is a conflict between a promotion's terms and these Terms, the promotion's terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases, and to promptly update your account information so 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 for the purchase; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay charges incurred at the posted prices, including shipping, handling, and all applicable taxes.

SECTION 5: SHIPPING AND DELIVERY

We are not liable 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 processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by GLAYUM, its affiliates, or its licensors, and are protected by U.S. and foreign copyright, trademark, and other 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, republish, download, store, or transmit any material on the Services without our prior written consent. Nothing in these Terms grants you any license or rights under any patent, trademark, copyright, or other intellectual property of GLAYUM, Shopify, or any third party. Unauthorized use may violate federal and state intellectual property laws. All rights not expressly granted are reserved by GLAYUM.

GLAYUM's names, logos, product and service names, designs, and slogans are trademarks of GLAYUM. You must not use them without our prior written permission. Shopify's name, logo, and marks are trademarks of Shopify. All other marks on the Services belong to their respective owners.

SECTION 7: OPTIONAL TOOLS

You may be provided access to third-party tools as part of the Services, which we neither monitor nor control. You acknowledge that we provide access to such tools "as is" and "as available" without any warranties or endorsement, and we have no liability arising from your use of optional third-party tools. Any use of such tools is entirely at your own risk, and you should review the relevant third party's terms. New features released in the future are also subject to these Terms.

SECTION 8: THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, and we are not liable for any harm related to your use of them. Please review any third party's policies carefully before engaging in a transaction, and direct any complaints regarding third-party products and services to that third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY

GLAYUM 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 GLAYUM. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and GLAYUM, 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 GLAYUM.

SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. 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 them. Information you submit will be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside. Please review our Privacy Policy for more detail on how we, Shopify, and our partners use your personal information.

SECTION 11: FEEDBACK

If you submit, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, 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, such as to operate, evaluate, improve, and promote the Services.

You represent and warrant that (i) you own or have all necessary rights to your Feedback; (ii) you have disclosed any compensation or incentives received in connection with it; and (iii) your Feedback complies with these Terms. We are under no obligation to keep Feedback confidential, to pay compensation for it, or to respond to it.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms. You agree your Feedback will not violate any third-party right or contain unlawful, abusive, or obscene content or any malware. You may not use a false email address or misrepresent the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information in the Services containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or 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 have submitted your order).

SECTION 13: PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any regulations, rules, laws, or local ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, harm, defame, intimidate, or harm any person; (e) to transmit false or misleading information; (f) to use or re-use any material that does not comply with these Terms; (g) to transmit any advertising or promotional material such as junk mail, chain letters, or spam; (h) to impersonate any other person or entity; or (i) to engage in any conduct that restricts anyone's use of the Services or that may harm GLAYUM, Shopify, or other users.

You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraper, data-gathering tool, AI tool, or automated means to access the Services; or (f) interfere with or circumvent the security features of 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 part 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 any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on behalf of or using a person's device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with Section 14.4 below. In addition, no Agent may access the Services if we have requested that it refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose its name in the user agent string as "Agent/[agent name]"; (ii) not conceal or obfuscate that access or interactions are from an Agent, such as by mimicking human behavior or completing or circumventing CAPTCHAs; (iii) respond truthfully to any prompt seeking to determine whether interactions come from a human or a computer; and (iv) not circumvent any measure intended to block, limit, or control how Agents access the Services.

SECTION 15: TERMINATION

We may terminate this agreement or your access to the Services (or any part) 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 continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

SECTION 16: DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY GLAYUM, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, 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 MAY NOT APPLY TO YOU.

SECTION 17: LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL GLAYUM, 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 PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless GLAYUM, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party arising out of (1) your breach of these Terms or the documents they incorporate 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 notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims.

SECTION 19: SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed; such determination shall not affect the validity of the remaining provisions.

SECTION 20: WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules we post constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications, and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 21: ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22: GOVERNING LAW

These Terms of Service and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law principles. You and GLAYUM consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Hillsborough County, Florida.

SECTION 23: HEADINGS

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

SECTION 24: CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service 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 to our website. It is your responsibility to check periodically for changes. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at contact @ glayum.com