TERMS OF SERVICE

OVERVIEW

Welcome to Sundero! The terms “we”, “us”, and “our” refer to Sundero. Sundero operates this store and website, including all information, content, features, tools, products, and related services, in order to offer you, the customer, a curated shopping experience (the “Services”). Sundero is Powered by Shopify, which enables us to provide the Services to you.

The terms and conditions set forth below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover aspects 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 [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices owned, purchased, or managed by you.

To use the Services, including accessing or browsing our online stores or purchasing any product or service we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information provided in our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities carried out under your account. You may not transfer, sell, assign, or license your account to third parties.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device used to access the store and the device's specific settings and configurations.

We do not warrant that the appearance or quality of any product or service purchased will meet your expectations or match how it is represented or displayed in our online stores.

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 product offered to any person, geographic area, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are submitting an offer to purchase. Sundero reserves the right to accept or reject the order for any reason, at its sole discretion. The order is not accepted until Sundero confirms its acceptance. Payment must be received and processed before the order is accepted. Please check your order carefully before submitting it, as Sundero may not be able to accommodate cancellation requests after the order has been accepted.

In the event that we reject, modify, or cancel your order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed.

Purchases are subject to returns or exchanges exclusively in accordance with our Refund Policy [LINK]. You represent and warrant that purchases are intended for personal or household use only and not for commercial resale or export.

SECTION 4 – PRICING 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 submitted and will be indicated in the order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs duties, or import costs.

Prices published in our online stores may differ from prices offered in physical stores, other online stores, or third-party marketplaces. From time to time, we may offer promotions on the Services that may affect pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred at the published prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs procedures, or events beyond our control. Once products are transferred to the carrier, ownership and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including, but not limited to, all trademarks, brands, text, display elements, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are owned by Sundero, its affiliates, or its licensors, and are protected by US and foreign laws regarding patents, copyright, and other intellectual property rights.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material found on the Services without our prior written consent. Except as expressly provided in these Terms, nothing contained herein grants or should be construed as granting any license or other rights in relation to patents, trademarks, copyrights, or other intellectual property rights of Sundero, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Sundero.

Sundero's names, logos, product and service names, designs, and slogans are trademarks of Sundero, its affiliates, or its licensors. You may not use such trademarks without the prior written consent of Sundero. 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 do not monitor and over which we have no control or influence.

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 and conditions under which such tools are provided by the relevant third-party providers.

In the future, we may also 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 shall be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.

We are not liable for any harm or damages related to the access of third-party websites or the purchase or use of products, services, resources, or content found on third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.]

Sundero is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are conducted directly with Sundero. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Sundero, including any damages, injuries, or losses arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or connected to your purchases and transactions with Sundero.

SECTION 10 - PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal data may be subject to the provisions of Shopify's Privacy Policy, which can be viewed here. By using the Services, you represent that you have read this privacy policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access and use of the Services in order to provide and improve the Services for you. The information you submit to the Services will be transmitted to and shared with Shopify as well as third parties who may be located in a country other than your country of residence, in order to provide you with the services. Please see our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal data.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. We may, for example, exercise the rights under this license to operate, provide, evaluate, improve, refine, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation to (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide 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 OMISSION

Occasionally there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. If any such information is inaccurate, we reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (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 injure any of our employees or any other person; (e) to submit 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 transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam, or any other similar form of solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Sundero, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will compromise the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal data of others; (d) spam, phish, pharm, or pretext on the Services; (e) use any robot, spider, scraping tools, data collection and extraction tools, automatic device or process, Artificial Intelligence tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or elude the security or authorization features, robot exclusion headers, or other measures adopted by us to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, should we determine that any part of these Terms has been violated.

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 the Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or under the instruction of any person or entity, and which may be executed on behalf of or by means of the 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 set forth in section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may establish limits, including through technical measures, on the manner and conditions under which an Agent may access, use, and interact with the Services.

14.4 Agents must:

• (i) in all HTTP/HTTPS requests, identify that the request originates from an Agent and declare the Agent's name by including the following in the user-agent string of the request: “Agent/[agent name]”;

• (ii) not conceal or obfuscate the fact that any access, use, or interaction originates from an Agent, for example (a) by mimicking human behavior and interaction patterns, or (b) by completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use;

• (iii) respond truthfully to any questions or prompts designed to determine whether interactions originate from a human or a computer;

• (iv) not circumvent or otherwise avoid any measure designed to block, limit, modify, or control if 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 and without notice, and you will remain liable for all amounts due up to and including the date of termination.

Even in the event of termination, the following sections will continue to apply: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Separability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision which by its nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE WARRANTY EXCLUSION MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO the MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sundero, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that any failure to notify you promptly will not relieve you of your obligations unless you suffer substantial prejudice. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim that imposes non-monetary obligations without your consent, which shall not be unreasonably withheld. You will cooperate in the defense of any indemnified claims, including by providing relevant documentation.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).