Terms of service

OVERVIEW

Welcome to Lyratee! The terms "we", "us" and "our" refer to Lyratee. Lyratee 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"). Lyratee 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.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Lyratee reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Lyratee confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Lyratee 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 email, 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 Return & 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 applicable taxes or other charges that may apply to your order.

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 so that we can complete your transactions and contact you as needed.

You represent and warrant that any payment information you provide is accurate and that you are authorized to use the selected payment method.

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 or events outside our control.

For detailed information regarding processing times, estimated delivery times, shipping costs, and shipping availability, please review our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, video, audio, and the design, selection, and arrangement thereof, are owned by Lyratee, its affiliates or licensors and are protected by applicable 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.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Lyratee, Shopify or any third party.

Lyratee's names, logos, product and service names, designs, and slogans are trademarks of Lyratee or its affiliates or licensors. You must not use such trademarks without prior written permission.

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 have any control over.

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.

Any use by you of optional third-party tools is entirely at your own risk and discretion.

We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are 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. 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 materials or websites, you do so at your own risk.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Lyratee 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 Lyratee.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Lyratee, including any injury, damage, or loss resulting from purchased products and services.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify's Privacy Policy.

By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve its services. Information you submit through the Services may be transmitted to and shared with Shopify and other service providers as necessary to provide the Services.

For more information about how we collect, use, and disclose personal information, please review our Privacy Policy.

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 for any purpose, including for commercial use.

You also represent and warrant that you own or have all necessary rights to all Feedback and that your Feedback will comply with these Terms.

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, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and 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 access or use the Services for any unlawful or malicious purpose, violate applicable laws, infringe intellectual property rights, harass or harm others, transmit false or misleading information, send spam or other unauthorized promotional material, impersonate another person or entity, or engage in conduct that may harm Lyratee, Shopify, or users of the Services.

You also agree not to upload viruses or malicious code, collect personal information unlawfully, interfere with the security of the Services, or bypass security or authorization features.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS AND AUTOMATED ACCESS

You may not use automated tools, robots, spiders, scraping tools, data extraction tools, or similar automated means to access the Services in a manner that interferes with the Services, bypasses security measures, or violates applicable law or these Terms.

We may limit or restrict automated access to the Services where permitted by law.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion where permitted by applicable law.

You will remain responsible for any amounts properly due up to the date of termination.

The provisions that by their nature should survive termination will continue to apply.

SECTION 16 - DISCLAIMER OF WARRANTIES

The Services and products offered through the Services are provided to the fullest extent permitted by applicable law.

We do not guarantee that the Services will always be uninterrupted, timely, secure, or error-free.

Nothing in these Terms is intended to limit any consumer rights that cannot legally be excluded or limited under applicable law.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Lyratee and its affiliates, partners, employees, contractors, service providers and licensors shall not be liable for indirect, incidental, special, consequential or punitive damages arising from your use of the Services or products purchased through the Services.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Lyratee and its affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from claims, damages, liabilities and reasonable expenses arising from your violation of these Terms or applicable law.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us regarding your use of the Services, subject to applicable law.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may transfer or assign these Terms and our rights and obligations where permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to conflict of law principles.

Any dispute shall be subject to applicable law and the jurisdiction of courts with appropriate jurisdiction in New York.

SECTION 23 - HEADINGS

The headings used in these Terms 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 of Service by posting updates and changes to our website.

Where required by applicable law, we will provide notice of material changes. Your continued use of or access to the Services following the effective date of any changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

Lyratee
3605 29th St D15
Astoria, NY 11106
United States

Email: support@lyratee.com
Phone: +1 (929) 647-2460