Terms of Service

OVERVIEW

Welcome to Wyreth™. Throughout these Terms of Service, the terms “we”, “us” and “our” refer to Wyreth, the operator of this online store and official website, including all associated information, content, features, tools, products and services provided to you as a customer (collectively referred to as the “Services”). Our store is built and hosted on the Shopify platform, which enables us to deliver our Services to shoppers worldwide.
These terms and conditions, together with all referenced policies (collectively these “Terms of Service” or “Terms”), set out your legal rights and responsibilities when accessing and using our Services. Please read them carefully, as they include important disclaimers of warranties and limitations of our legal liability.
By visiting, browsing, purchasing from or otherwise using our Services, you confirm that you accept these Terms of Service and our Privacy Policy. If you do not agree with any part of these Terms or our Privacy Policy, you should not access or use our Services.

SECTION 1 – ACCESS AND USER ACCOUNTS

By using our Services and agreeing to these Terms, you confirm that you have reached the age of majority in your state or jurisdiction of residence, and that you have the authority to allow any minor dependents under your supervision to use the Services on devices you own or manage.
To browse our store or place an order, you may be asked to provide certain details such as your email address, shipping address, billing information and payment details. You warrant that all information you submit during checkout and account creation is accurate, current and complete, and that you hold all necessary rights to provide this information to us.
You are fully responsible for maintaining the confidentiality of your account login details and for all actions taken under your account. You may not sell, transfer, assign or license your user account to any third party.

SECTION 2 – PRODUCT INFORMATION

We take reasonable steps to present our products as accurately as possible on our website. However, we cannot guarantee that colors, textures or visual details will appear exactly as they do in person, as display results vary based on your device type, screen calibration and individual settings.
We do not warrant that any product purchased through our store will match every detail of its online presentation, or that it will meet every individual expectation you may have.
All product descriptions, specifications and pricing may be updated or modified at any time at our sole discretion, without prior notice. We reserve the right to discontinue any product style, limit purchase quantities per customer, or restrict availability to certain geographic regions on a case-by-case basis.

SECTION 3 – ORDER PLACEMENT AND ACCEPTANCE

When you submit an order through our store, you are making an offer to purchase the selected items. Wyreth reserves the right to accept or decline any order for any reason, at our full discretion. An order is not considered confirmed and accepted until we have successfully processed your payment and sent you an official order confirmation email.
We recommend reviewing your order details carefully before submission, as we may not be able to accommodate cancellation requests once order processing has begun. If we decline, modify or cancel your order, we will make reasonable efforts to notify you using the email address, phone number or billing contact information you provided at checkout.
All purchases are subject to our published Return & Refund Policy. You confirm that all items purchased through our store are intended for your personal or household use, and not for commercial resale, bulk distribution or export.

SECTION 4 – PRICING AND BILLING

All listed prices, promotional discounts and special offers are subject to change at any time without advance notice. The final price charged for your order will be the price in effect at the time you place your order, as confirmed in your order confirmation email.
Unless explicitly stated otherwise, all posted prices exclude applicable sales taxes, shipping fees, handling charges, customs duties and import fees. Prices listed on our online store may differ from prices offered through physical retail locations, third-party marketplaces or other sales channels.
From time to time we may run limited-time promotions with separate terms and conditions. In the event of a conflict between promotion-specific terms and these general Terms of Service, the promotion-specific terms will govern for the duration of the offer.
You agree to provide accurate, complete and up-to-date payment, billing and contact information for all purchases. You are responsible for updating your account details promptly if your email address, payment card information or shipping address changes, so that we can complete transactions and reach you when needed.
You warrant that: (i) all payment card information you submit is true and accurate; (ii) you are legally authorized to use the payment method provided; (iii) all charges incurred will be honored by your card issuer; and (iv) you will pay all applicable charges at the posted prices, including shipping, handling and all relevant taxes where applicable.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for delays in shipping, transit or final delivery caused by third-party carriers, customs authorities, weather events or other circumstances outside our direct control. All stated delivery timeframes are estimates only and do not constitute guaranteed delivery dates.
Once your order has been handed over to the shipping carrier, ownership of the items and risk of loss or damage during transit transfers from us to you.

SECTION 6 – INTELLECTUAL PROPERTY RIGHTS

All content and materials included in our Services — including but not limited to trademarks, brand assets, text, product imagery, graphics, video clips, audio content, customer reviews, page layout, design structure and the overall selection and arrangement of content — are the exclusive property of Wyreth, our affiliated entities or our licensed partners, and are protected under United States and international copyright, trademark and other intellectual property laws.
These Terms grant you a limited, personal, non-commercial license to access and use our Services for your own private shopping purposes. You may not reproduce, copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any content from our Services without our explicit prior written consent.
Nothing in these Terms shall be interpreted as granting you any license or ownership rights to our patents, trademarks, copyrights or other intellectual property. All rights not explicitly granted to you in these Terms are reserved by Wyreth.
The Wyreth name, logo, product names, design marks and all associated slogans are trademarks of Wyreth and its affiliated entities. You may not use any of these trademarks without our prior written approval. The Shopify name, logo and platform marks are trademarks of Shopify Inc. All other third-party brand names, logos and marks appearing on our site are the property of their respective owners.

SECTION 7 – OPTIONAL THIRD-PARTY TOOLS

As part of our Services, you may have access to optional features, plugins and tools provided by third-party service providers. We do not control, monitor or influence the functionality, terms or data practices of these third-party tools.
You acknowledge that all optional third-party tools are provided on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind, and without our endorsement. We accept no liability whatsoever arising from your use of these optional third-party tools.
Your use of any optional tools offered through our site is entirely at your own risk and discretion. We recommend that you review and agree to the applicable terms of the relevant third-party provider before using their tools. Any new features or tools added to our Services in the future will also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain hyperlinks and embedded content leading to websites, resources or services operated by third parties. We are not responsible for reviewing, evaluating or guaranteeing the accuracy, safety or quality of any third-party content or websites you choose to access. If you choose to leave our site to visit third-party links, you do so entirely at your own risk.
We accept no liability for any harm, loss or damage related to your access to third-party websites, or your purchase or use of any products, services or content offered through those sites. We encourage you to review the policies and practices of any third-party website carefully before completing any transaction or submitting personal information. All complaints, claims or questions regarding third-party products and services should be directed to the relevant third party directly.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Wyreth is powered by the Shopify e-commerce platform, which provides the underlying technology and hosting for our online store. All sales and transactions completed through our store are conducted directly between you and Wyreth.
By using our Services, you acknowledge and agree that Shopify bears no responsibility for any aspect of the transactions between you and Wyreth, including no liability for any injury, damage or loss resulting from products purchased through our store. You hereby expressly release Shopify and its affiliated entities from all claims, damages and legal liabilities arising from or related to your purchases and transactions with Wyreth.

SECTION 10 – PRIVACY AND DATA PRACTICES

All personal information we collect through our Services is governed by our Privacy Policy, available on our website. Certain data may also be subject to Shopify’s own Privacy Policy, as our store operates on the Shopify platform. By using our Services, you confirm that you have read and understood both policies.
Because our store is hosted on Shopify, Shopify collects and processes certain usage and access data to maintain and improve its platform services. Information submitted through our store may be transmitted to and processed by Shopify and its service partners, which may be located in countries other than your own. For full details on how we and our partners handle your personal information, please review our complete Privacy Policy.

SECTION 11 – USER FEEDBACK AND SUBMISSIONS

If you submit, post, upload, email or otherwise send us any ideas, suggestions, product feedback, reviews, proposals or other content (collectively “Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback in any format and for any purpose, including commercial purposes. We may use this license to improve our Services, develop new products, promote our brand and fulfill our obligations under these Terms.
You represent and warrant that: (i) you own or hold all necessary rights to the Feedback you submit; (ii) you have disclosed any compensation or incentives received in connection with the Feedback; and (iii) your Feedback complies fully with these Terms.
We are under no obligation to keep your Feedback confidential, compensate you for it, or respond to your submission. We reserve the right, but assume no obligation, to monitor, edit or remove any Feedback that we determine, at our sole discretion, to be unlawful, offensive, defamatory, obscene, infringing of intellectual property rights, or otherwise in violation of these Terms.
You agree that your Feedback will not violate the legal rights of any third party, including copyright, trademark, privacy or other proprietary rights. You further agree that your Feedback will not contain unlawful, abusive or obscene material, or any malicious code that could disrupt the operation of our Services. You may not use a false identity or misleading contact information when submitting Feedback. You are solely responsible for the accuracy and content of any Feedback you submit.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

On occasion, information on our website may contain typographical errors, factual inaccuracies or omissions related to product descriptions, pricing, promotional terms, shipping fees, delivery estimates or product availability.
We reserve the right to correct any such errors, inaccuracies or omissions, and to update or modify any information on the site, at any time without prior notice. This includes the right to cancel or adjust orders placed based on inaccurate information, even after the order has been submitted.

SECTION 13 – PROHIBITED USES

You may access and use our Services only for lawful purposes. You agree not to use our Services, directly or indirectly:
  • For any unlawful, fraudulent or malicious purpose
  • To violate any applicable international, federal, state or local laws, regulations or ordinances
  • To infringe upon or misappropriate our intellectual property rights or the rights of any third party
  • To harass, abuse, defame, threaten or harm our employees, representatives or other users
  • To transmit false, misleading or deceptive information
  • To upload, download or reuse any material that does not comply with these Terms
  • To send unsolicited advertising, promotional material, spam, chain letters or similar solicitations
  • To impersonate another person or entity, or to misrepresent your identity or affiliation
  • To engage in any conduct that restricts or impairs other users’ enjoyment of the Services, or that may expose Wyreth, Shopify or other users to legal liability
Additionally, you agree not to:
  • Upload or transmit viruses, malware or any malicious code that could disrupt the functionality of our Services
  • Reproduce, copy, exploit or resell any portion of our Services for commercial purposes
  • Collect, harvest or track the personal information of other users
  • Use automated tools to scrape, crawl, spider or extract data from our Services
  • Interfere with or bypass the security features of our Services or related systems
We reserve the right to suspend or terminate your access to our Services at any time, without prior notice, if we determine that you have violated any provision of these Terms.

SECTION 14 – TERMINATION OF AGREEMENT

We may terminate your access to all or part of our Services, or end this agreement entirely, at our sole discretion, at any time and without prior notice. You will remain liable for all amounts owed to us up to and including the date of termination.
The following sections shall remain in effect after any termination of this agreement: Intellectual Property Rights, User Feedback and Submissions, Termination of Agreement, 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 are intended to survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

All information and content provided through our Services is made available for general informational purposes only. We do not warrant the accuracy, completeness or reliability of this information, and any reliance you place on it is strictly at your own risk. We disclaim all liability arising from any reliance placed on this content by you or any other party.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY FULLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WYRETH, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR LOSSES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, RESULTING FROM YOUR USE OF OUR SERVICES OR ANY PRODUCTS PURCHASED THROUGH THEM.
THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THIS LIMITATION MAY NOT APPLY FULLY TO YOU.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Wyreth, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against all losses, damages, liabilities, claims and expenses (including reasonable attorneys’ fees) payable to any third party, arising from or related to:
  1. Your breach of these Terms of Service or any referenced policies
  2. Your violation of any applicable law or the legal rights of any third party
  3. Your access to and use of our Services
We will provide you with prompt notice of any indemnifiable claim, provided that a failure to provide prompt notice will not relieve you of your indemnification obligations unless you suffer material prejudice as a result. We may assume exclusive control over the defense and settlement of any such claim at your expense, including selection of legal counsel. We will not settle any claim that imposes non-monetary obligations on you without your prior consent, which will not be unreasonably withheld. You agree to cooperate reasonably with our defense of any indemnified claims.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that provision shall nonetheless be enforced to the maximum extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such a finding shall not affect the validity and enforceability of all remaining provisions.

SECTION 19 – WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision set out in these Terms of Service shall not constitute a waiver of that right or provision for the future.
These Terms of Service, together with all policies and operating rules published on our website, constitute the entire agreement and understanding between you and us governing your use of our Services. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any earlier versions of these Terms.
No rule of construction shall apply against us as the drafting party in the event of any ambiguity in these Terms.

SECTION 20 – 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 unauthorized attempt to do so shall be null and void. We may freely transfer, assign or delegate these Terms and our corresponding rights and obligations without prior notice to you.

SECTION 21 – GOVERNING LAW

These Terms of Service and all transactions conducted through our Services shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles.
You and Wyreth both consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Santa Clara County, California, for the resolution of any disputes arising from these Terms or your use of our Services.

SECTION 22 – SECTION HEADINGS

All section headings used in this agreement are included for convenience and readability only. They do not limit, define or otherwise affect the interpretation of the provisions they introduce.

SECTION 23 – CHANGES TO THESE TERMS

The most current version of our Terms of Service is always available on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms by posting the revised version on our website.
It is your responsibility to review this page periodically for changes. For material updates to these Terms, we will provide notice in accordance with applicable legal requirements, and changes will take effect on the date specified in the notice. Your continued use of or access to our Services after any changes are posted constitutes your acceptance of the revised Terms.

SECTION 24 – CONTACT INFORMATION

If you have questions about these Terms of Service, you may contact our support team at service@zephyrlift.com.
Our official business address is:

Wyreth™

2855 Stevens Creek Blvd, Suite 2221

Santa Clara, CA 95050

United States