Terms of service
OVERVIEW
Welcome to Sw Brands! The terms “we”, “us”, and “our” refer to Sw Brands. Sw Brands operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Sw Brands is hosted by Shopify, enabling us to provide the Services to you.
The following terms and conditions, including all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and include topics such as 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 or the Privacy Policy, you may not access or use the Services.
SECTION 1 – ACCESS & ACCOUNT
By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence, and that you have given us permission to allow any minor dependents to use the Services on devices that you own, purchase, or control.
To use the Services—including visiting or browsing our shop or purchasing products or services—we may require you to provide certain information, such as your email address and billing, payment, and shipping details. You represent that all information you provide is accurate, current, and complete, and that you have the legal right to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to anyone else.
SECTION 2 – OUR PRODUCTS
We strive to provide accurate descriptions of our products and services. However, product colors and appearances may differ from what you see on your screen due to device settings and configurations.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match the depiction in our shop.
All product descriptions may be changed at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities sold per person, per region, or per jurisdiction.
SECTION 3 – ORDERS
When you place an order, you submit an offer to purchase. Sw Brands reserves the right to accept or reject your order at its sole discretion. An order is considered accepted once Sw Brands has confirmed it. Your payment must be received and processed before the order is accepted.
Please review your order carefully before submitting it. Sw Brands may be unable to accommodate cancellation requests after an order is accepted.
If we reject, modify, or cancel your order, we will attempt to notify you using the email address, billing address, and/or phone number provided at checkout.
Returns and exchanges are only permitted in accordance with our Refund Policy [LINK].
You represent that purchases are for personal or household use only, and not for commercial resale or export.
SECTION 4 – PRICING & BILLING
Prices, discounts, and promotions may change without prior notice. The price charged is the price in effect at the time you place your order, as shown in your order confirmation email.
Unless otherwise stated, prices exclude taxes, shipping, handling, customs duties, and import fees.
Prices shown in our shop may differ from those in physical stores or in third-party online stores.
Promotions may be subject to separate terms, which take precedence over these Terms if conflicting.
You agree to provide current, complete, and accurate purchase and account information, including email address, credit card numbers, and expiration dates.
You represent that:
(i) all credit card information you provide is accurate and complete,
(ii) you are authorized to use the credit card,
(iii) your charges will be approved, and
(iv) you will pay all incurred charges including taxes and shipping.
SECTION 5 – SHIPPING & DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only.
We are not liable for delays caused by carriers, customs, or events outside our control. Once we hand your package to the carrier, ownership and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
All content within the Services—including trademarks, branding, text, graphics, reviews, videos, audio, and design—is the property of Sw Brands or its licensors, and is protected under U.S. and international intellectual property laws.
You may use the Services only for personal, non-commercial purposes.
Any reproduction, distribution, modification, public display, or any derivative use without written permission is prohibited.
All trademarks, names, and logos of Sw Brands are owned by Sw Brands and may not be used without prior written consent.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools. We do not monitor or control these tools and provide access “as is” without warranties or endorsements.
You use optional tools at your own risk and must review the applicable third-party terms.
Any new features added to the Services will also fall under these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may include links to third-party websites or content. We are not responsible for examining or evaluating third-party content or accuracy.
You access third-party materials at your own risk. We are not liable for any damages related to third-party sites, products, or services.
Review the third-party’s policies before making a purchase. Any complaints must be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Sw Brands uses Shopify to host its store. All sales and purchases, however, are made directly with Sw Brands.
Shopify is not responsible for any transaction-related matters, including injuries, damages, or losses arising from your purchases.
You expressly release Shopify from all related claims.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is governed by our Privacy Policy [LINK], as well as Shopify’s Privacy Policy.
Because Shopify hosts our Services, Shopify also collects and processes personal information to support and improve the Services.
Information you submit may be shared with Shopify and external partners, including those located outside your country.
SECTION 11 – FEEDBACK
If you submit feedback, suggestions, reviews, proposals, or other content (“Feedback”), you grant us an irrevocable, worldwide, royalty-free, sublicensable license to use it for any purpose.
You represent that you own the Feedback or have the rights to submit it.
We may edit, remove, or decline Feedback that violates our Terms, but we are not obligated to do so.
You agree not to submit unlawful, harmful, defamatory, or misleading content.
SECTION 12 – ERRORS, INACCURACIES & OMISSIONS
Occasionally, information in the Services may contain errors (e.g., product descriptions, pricing, availability). We reserve the right to correct or update such information or cancel orders based on inaccurate information at any time.
SECTION 13 – PROHIBITED USES
You may not use the Services:
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for unlawful purposes
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to violate laws or regulations
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to infringe intellectual property
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to harass or harm others
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to submit false or misleading information
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to upload harmful content
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for spam, phishing, or scraping
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to impersonate others
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to interfere with the Services
We may suspend or terminate your account for violations.
SECTION 14 – TERMINATION
We may terminate your access at any time without notice. You remain responsible for outstanding payments up to the termination date.
Certain sections—such as Intellectual Property, Feedback, Warranty Disclaimers, Limitation of Liability, Indemnification, Governing Law—survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
Unless expressly stated otherwise, the Services and all products are provided “as is” without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.
Some jurisdictions do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Sw Brands and Shopify, including their employees, officers, affiliates, and service providers, are not liable for any direct or indirect damages arising from your use of the Services or purchased products.
This includes, but is not limited to:
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lost profits
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lost revenue
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data loss
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replacement costs
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or damages resulting from use of the Services or products
Even if advised of the possibility of such damages.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold Sw Brands, Shopify, and their affiliates harmless from claims arising out of:
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your breach of these Terms,
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violation of any law or third-party rights, or
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your use of the Services.
We may assume control of the defense at your expense.
SECTION 18 – SEVERABILITY
If any provision is found unenforceable, the remaining provisions remain valid.
SECTION 19 – WAIVER & ENTIRE AGREEMENT
Our failure to enforce a provision does not waive our rights.
These Terms constitute the entire agreement between you and us.
SECTION 20 – ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our written permission. Any attempted transfer is void.
We may assign our rights and obligations without notice.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws and courts of the jurisdiction in which Sw Brands is headquartered.
Both you and Sw Brands consent to the applicable jurisdiction.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
You may review the latest version of the Terms on this page at any time.
We may update or modify these Terms at our discretion. Material changes will be communicated in accordance with applicable law.
Continued use of the Services constitutes acceptance of the updated Terms.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service may be sent to us at swbrands.us@gmail.com.
Our contact details:
Sw Brands
swbrands.us@gmail.com
8 The Green, Suite B, Dover, 19901