Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to andEleven!

The terms "we", "us" and "our" refer to andEleven. andEleven operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with access to our mechanical puzzles, products, and related services (the "Services").

andEleven is powered by Shopify, which enables us to provide the Services to you.

The following Terms of Service, 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 province, state, or country 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 browsing our online store or purchasing products we offer, you may be asked to provide certain information such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide is accurate, 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 occurring under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make every effort to display our products and services as accurately as possible. However, colors, finishes, materials, and product appearance may vary depending on your device, screen settings, and manufacturing variation.

Due to the nature of small-batch manufacturing and 3D printing, minor cosmetic variations may occur between products.

We do not warrant that product appearance, color, finish, or texture will appear exactly as depicted on your device.

All product descriptions, pricing, and availability 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 quantities sold to any person, geographic region, or jurisdiction on a case-by-case basis.

Age and Safety Compliance: Our products may carry age recommendations, safety warnings, or usage guidelines (collectively, “Safety Advisories”), which are displayed on product listings, packaging, or accompanying documentation. By purchasing or using any of our products, you agree to read, follow, and ensure compliance with all applicable Safety Advisories. If a product is purchased for use by a minor, the purchasing adult is solely responsible for determining whether the product is appropriate for that minor and for supervising use accordingly. andEleven shall not be liable for any injury, loss, or damage arising from failure to observe Safety Advisories.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. andEleven reserves the right to accept or decline any order at our discretion.

Your order is not accepted until payment has been received and processed and we have confirmed acceptance of the order.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests once an order has been accepted.

If we cancel, decline, or modify an order, we will attempt to notify you using the contact information provided at checkout.

Your purchases are subject to our Refund Policy.

You represent and warrant that purchases are for personal or household use only and not for 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 stated in your order confirmation email.

Unless otherwise stated, prices do not include applicable taxes, shipping charges, customs duties, import fees, or handling fees.

You agree to provide current, complete, and accurate billing and payment information for all purchases made through the Services.

You represent and warrant that:

• the payment information you provide is accurate and authorized for use;

• charges incurred by you will be honored by your payment provider; and

• you will pay all charges incurred by you, including applicable taxes and shipping charges.

SECTION 5 - INTELLECTUAL PROPERTY

Our Services, including all text, graphics, logos, product designs, images, videos, audio, branding, and other content made available through the Services, are owned by andEleven or its licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit any material from the Services without prior written permission from andEleven.

Nothing in these Terms grants you any ownership rights or licenses to our intellectual property except as expressly stated herein.

All rights not expressly granted are reserved by andEleven.

SECTION 6 - OPTIONAL TOOLS

We may provide access to third-party tools or services that we neither monitor nor control.

Such tools are provided "as is" and "as available" without warranties or endorsements of any kind.

Your use of optional third-party tools is entirely at your own risk and subject to the terms of the applicable third-party provider.

We may also introduce new features or tools in the future, which shall also be subject to these Terms of Service.

SECTION 7 - THIRD-PARTY LINKS

The Services may contain links to third-party websites or services.

We are not responsible for examining or evaluating the content, accuracy, or policies of third-party websites and assume no responsibility or liability for third-party materials, products, or services.

Your use of third-party websites is at your own risk.

SECTION 8 - RELATIONSHIP WITH SHOPIFY

andEleven is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with andEleven.

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

SECTION 9 - FEEDBACK

If you submit reviews, suggestions, ideas, feedback, or other content ("Feedback"), you grant andEleven a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.

You represent and warrant that:

• you own or control the rights to any Feedback you submit;

• your Feedback does not violate any law or third-party rights; and

• your Feedback does not contain unlawful, abusive, defamatory, or malicious material.

We may remove Feedback at our sole discretion.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be 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 update information or cancel orders at any time without prior notice.

SECTION 11 - PROHIBITED USES

You may use the Services only for lawful purposes.

You agree not to:

• violate any applicable laws or regulations;

• infringe upon intellectual property rights;

• harass, abuse, threaten, or harm others;

• transmit false or misleading information;

• upload malicious code or malware;

• spam, scrape, crawl, or harvest data from the Services;

• use automated systems or software agents to access the Services in a manner that overloads or disrupts the Services;

• interfere with or circumvent security features of the Services.

We reserve the right to terminate access to the Services for violations of these Terms.

SECTION 12 - TERMINATION

We may suspend or terminate your access to the Services at any time and for any reason without notice.

Any obligations or liabilities incurred prior to termination shall survive termination.

Sections relating to intellectual property, limitation of liability, indemnification, governing law, and similar provisions shall survive termination.

SECTION 13 - DISCLAIMER OF WARRANTIES

The information and products provided through the Services are offered for general informational and commercial purposes only.

Except as expressly stated by andEleven, the Services and all products are provided "as is" and "as available," without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

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

Some jurisdictions do not allow certain warranty limitations, so portions of this section may not apply to you.

SECTION 14 - LIMITATION OF LIABILITY

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

This includes, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless andEleven, Shopify, and their affiliates, employees, contractors, licensors, and service providers from any claims, liabilities, damages, losses, or expenses arising out of:

• your breach of these Terms;

• your violation of any law or third-party rights; or

• your misuse of the Services.

SECTION 16 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

SECTION 17 - WAIVER; ENTIRE AGREEMENT

Failure by us to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with any policies posted on the Services, constitute the entire agreement between you and andEleven regarding use of the Services.

SECTION 18 - ASSIGNMENT

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

We may assign or transfer these Terms without restriction.

SECTION 19 - 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 Province of British Columbia and the federal laws of Canada applicable therein.

You agree that any disputes arising from these Terms or your use of the Services shall be resolved exclusively in the courts of British Columbia, Canada.