Terms of service

OVERVIEW
Welcome to ESRA KAYIRA. The terms “we”, “us” and “our” refer to ESRA KAYIRA. ESRA KAYIRA 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”). ESRA KAYIRA is powered by Shopify, which enables us to provide the Services to you.

The following 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 our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are legally capable of entering into a binding agreement under applicable law.

To use the Services, including accessing or browsing our online store 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 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 activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online store. However, please note that colors and product appearance may vary depending on your device, screen 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 exactly the same as shown in our online store.

All product descriptions 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. ESRA KAYIRA reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until ESRA KAYIRA confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, 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 Policy.

You represent and warrant that your purchases are for your own personal 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 taxes, shipping costs, customs duties, or import charges.

Prices posted in our online store may differ from prices offered elsewhere, including by third parties. We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between promotion terms 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 through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the chosen payment method; and (iii) you will pay all charges incurred by you at the prices in effect, including shipping costs and any applicable taxes.

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, customs processing, or events outside our control.

Once we transfer products to the carrier, title and risk of loss pass to you, to the extent permitted by applicable law.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by ESRA KAYIRA, its affiliates, licensors, or content providers 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 from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided in these Terms, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property rights of ESRA KAYIRA, Shopify, or any third party. All rights not expressly granted are reserved by ESRA KAYIRA.

The names, logos, product and service names, designs, and slogans of ESRA KAYIRA are trademarks of ESRA KAYIRA or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

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 control.

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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider.

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and links to websites or services operated by third parties. We are not responsible for examining or evaluating the content, accuracy, or practices of any third-party materials or websites.

If you decide to leave the Services to access third-party sites or materials, you do so at your own risk. We are not liable for any harm or damages related to your access to any third-party websites or your purchase or use of any products, services, resources, or content on third-party websites.

Please review the applicable third-party terms and policies before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
ESRA KAYIRA 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 ESRA KAYIRA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and ESRA KAYIRA, 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 ESRA KAYIRA.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which is available on this website, and certain personal information may also be subject to Shopify’s privacy practices.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside.

Please review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

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 commercial use.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms.

We are under no obligation to maintain any Feedback in confidence, pay compensation for it, or respond to it.

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 that violates any party’s intellectual property rights or these Terms.

You agree that your Feedback will not violate any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary right, and will not contain unlawful, abusive, obscene, or malicious material.

You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or 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, directly or indirectly:

(a) for any unlawful or malicious purpose;
(b) to violate any applicable law or regulation;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person;
(e) to transmit false or misleading information;
(f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
(g) to send advertising or promotional material, including spam or any similar solicitation;
(h) to impersonate or attempt to impersonate any person or entity; or
(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm ESRA KAYIRA, Shopify, or users of the Services.

In addition, you agree not to:

(a) upload or transmit viruses or any malicious code;
(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext, scrape, or otherwise misuse the Services;
(e) use any robot, spider, scraping, data gathering or extraction tool, automatic device or process, AI tool, or other automated or manual means to access the Services; or
(f) interfere with, bypass, or circumvent the security or authorization features of the Services.

We reserve the right to suspend, disable, or terminate your access at any time if we determine that you have violated these Terms.

SECTION 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person’s device, without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, or interacts with the Services.

14.4 Agents must:
(i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request’s user agent string: “Agent/[agent name]”;
(ii) not conceal or obfuscate that any access, use, or interaction is from an Agent, such as by mimicking human behavior or completing or circumventing CAPTCHAs;
(iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and
(iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.