Terms and Conditions

Terms and Conditions

Last Updated: AUGUST 2024

Introduction

Welcome to CRE8 Merchandise. These Terms and Conditions ("Terms") govern your use of our Shopify store, thiinkapparel.shopify.com (the "Site"), and any related services. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site.

1. Use of the Site
a. Eligibility:
You must be at least 18 years old or the age of majority in your jurisdiction to use our Site. By using our Site, you represent and warrant that you meet these eligibility requirements.
b. Account Registration:
To purchase products from our Site, you may be required to create an account. You agree to provide accurate and complete information when creating your account and to keep this information up-to-date. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.
c. Prohibited Activities:
You agree not to:
    • Use the Site for any illegal or unauthorized purpose;
    • Violate any local, state, national, or international law while using the Site;
    • Infringe on the rights of others, including intellectual property rights;
    • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available;
    • Use any robot, spider, scraper, or other automated means to access the Site without our express permission.
2. Product Information and Availability
a. Product Descriptions:
We strive to ensure that the products on our Site are described as accurately as possible. However, we do not warrant that product descriptions, colors, or other content are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
b. Pricing:
All prices are listed in US Dollar unless otherwise stated. Prices are subject to change without notice. We reserve the right to modify or discontinue products at any time without prior notice.
c. Availability:
All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to limit the quantity of any product we supply, to discontinue any product, and to refuse service to any customer.

3. Orders and Payment
a. Order Acceptance:
Once you place an order, you will receive an order confirmation via email. This confirmation does not constitute our acceptance of your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraud.
b. Payment:
We accept various forms of payment as indicated on our Site. By providing payment information, you represent and warrant that you are authorized to use the payment method provided. All payments are subject to verification and authorization by the payment processing service.
c. Shipping and Delivery:
Shipping and delivery times are estimates and may vary based on location, shipping method, and other factors. We are not responsible for delays caused by carriers, weather conditions, or other circumstances beyond our control. For more information, please refer to our Shipping Policy.

4. Returns and Refunds
Please refer to our Return and Refund Policy for detailed information regarding returns and refunds. We reserve the right to refuse returns or exchanges that do not comply with our policy.

5. Intellectual Property
All content on the Site, including text, graphics, logos, images, and software, is the property of CRE8 Merchandise or its content suppliers and is protected by applicable copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, or distribute any content from the Site without our express written permission.

6. Limitation of Liability
To the fullest extent permitted by applicable law, CRE8 Merchandise shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of the Site or the purchase of any products through the Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damages.

7. Indemnification
You agree to indemnify, defend, and hold harmless CRE8 Merchandise, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Site, your breach of these Terms, or your violation of any law or the rights of a third party.

8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of New York State without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in New York State, and you hereby consent to the personal jurisdiction and venue of such courts.

9. Changes to These Terms
We may update these Terms from time to time. Any changes will be posted on this page with an updated "Last Updated" date. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

10. Contact Us
If you have any questions or concerns about these Terms, please contact us at:

support@brodiellc.com