Terms of service
OVERVIEW
Welcome to Average Theory. The terms “we”, “us” and “our” refer to Average Theory. Average Theory operates this store and website, including all related information, content, features, tools, products and services (the “Services”) in order to provide you with a curated shopping experience. Average Theory is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use our Services.
Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction and that you have the legal capacity to enter into these Terms.
To use the Services, you may be required to provide certain information, including billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account information and for all activity conducted through your account. You may not transfer, assign, or sell your account.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to display product descriptions and images accurately. However, actual colors or appearance may vary depending on your device or display settings.
Products are offered subject to availability. All product descriptions, pricing, and availability are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
We do not guarantee that products will meet your expectations beyond what is expressly stated.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase products from Average Theory. We reserve the right to accept or reject any order at our discretion.
An order is not accepted until payment has been processed and confirmation has been issued. Once an order has been accepted, we may not be able to accommodate cancellation or modification requests.
Your purchases are subject to our Return & Refund Policy.
You represent that purchases are for personal use only and not for resale or commercial distribution.
SECTION 4 – PRICES AND BILLING
Prices are subject to change without notice. The price charged will be the price in effect at the time the order is placed.
Prices do not include applicable taxes, shipping, customs duties, or import charges unless otherwise stated.
You agree to provide accurate and complete payment and billing information and authorize us to charge your selected payment method for all applicable amounts.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, weather conditions, or events beyond our control.
Risk of loss and title pass to you upon delivery of the order to the shipping carrier. Shipping details are governed by our Shipping Policy.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services, including designs, graphics, text, images, trademarks, and logos, is owned by Average Theory or its licensors and is protected by intellectual property laws.
You may not reproduce, distribute, modify, or exploit any content without prior written consent.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available.” We do not warrant or assume responsibility for third-party tools or services.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for third-party content or practices and access is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Average Theory is powered by Shopify. However, all sales are made directly between you and Average Theory. Shopify is not responsible for any aspect of transactions between you and Average Theory.
SECTION 10 – PRIVACY POLICY
Your use of the Services is subject to our Privacy Policy and Shopify’s Privacy Policy.
SECTION 11 – FEEDBACK
Any feedback you provide may be used by us without restriction or compensation. You represent that you have the right to submit such feedback.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct errors or inaccuracies and to cancel orders if information is inaccurate at any time.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful purposes or in a way that infringes the rights of others or interferes with the operation of the Services.
SECTION 14 – TERMINATION
We may terminate access to the Services at our discretion. Obligations incurred prior to termination survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXCEPT WHERE PROHIBITED BY LAW.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, Average Theory SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE SERVICES OR PRODUCTS.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Average Theory and its partners from claims arising from your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision is held unenforceable, the remaining provisions remain in effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Average Theory regarding the Services.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our consent. We may assign these Terms without notice.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the jurisdiction in which Average Theory is headquartered, without regard to conflict-of-law principles.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We may update these Terms at any time. Continued use of the Services constitutes acceptance of changes.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms should be sent to: support@averagetheory.com
Average Theory
Ottawa, ON, CA