Terms of Service
Caldwell & Voss is owned and operated by NextEra Digitals ("we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of this website (the "Site") and your purchase of products or services from us.
By accessing or using the Site or placing an order, you agree to these Terms. Nothing in these Terms is intended to limit or exclude any statutory consumer rights that cannot lawfully be limited or excluded.
Our store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to offer and sell our products and services.
1. Eligibility and Use of the Site
By using this Site, you confirm that you are legally capable of entering into a binding agreement or that you are using the Site with the permission and supervision required under applicable law.
You may not use our products, services, or Site for any unlawful or unauthorized purpose or in violation of any applicable laws or regulations, including intellectual property laws.
We may suspend or terminate access to the Site where reasonably necessary if these Terms are materially violated or the Site is used unlawfully.
2. General Conditions
We reserve the right to refuse or restrict service where we have a legitimate reason to do so, subject to applicable law.
Information transmitted through the Site may pass through various networks and may be adapted to technical requirements. Payment information is handled using appropriate security measures by our payment and e-commerce providers.
You may not reproduce, duplicate, copy, sell, resell, or commercially exploit any portion of the Site or Service without our prior written permission, except where permitted by applicable law.
3. Accuracy of Information
We make reasonable efforts to ensure that information displayed on the Site is accurate and current. However, occasional errors, inaccuracies, or omissions may occur.
We reserve the right to correct information, update content, or make changes where reasonably necessary. Nothing in this section affects your statutory rights regarding products that are incorrectly described, faulty, or otherwise do not conform to the contract.
4. Changes to Services and Pricing
Prices and product availability may change from time to time before an order is placed.
Once an order has been accepted, any changes affecting that order will be handled in accordance with the applicable contract and consumer protection laws.
We may modify, suspend, or discontinue parts of the Site or our services where reasonably necessary.
5. Products and Availability
Our products are primarily offered online through the Site and may be available in limited quantities.
We make reasonable efforts to display product descriptions, photographs, colors, measurements, and other information as accurately as possible. However, the appearance of colors may vary depending on your device or display settings.
Nothing in these Terms excludes your statutory rights where goods are faulty, not as described, not of satisfactory quality, or otherwise fail to meet requirements imposed by applicable consumer law.
Returns, refunds, cancellations, and exchanges are subject to our Return and Refund Policy and any additional rights provided by applicable law.
6. Orders, Billing, and Account Information
When you place an order, you agree to provide accurate, current, and complete information necessary to process your purchase.
Submitting an order does not necessarily mean that we have accepted it. We may decline or cancel an order where reasonably necessary, including in cases of suspected fraud, payment problems, product unavailability, pricing or listing errors, or restrictions relating to delivery.
If we cancel an order after payment has been taken, we will refund the applicable amount to the original payment method, subject to applicable law.
We may apply reasonable restrictions to quantities or orders associated with the same customer, account, payment method, billing address, or shipping address where necessary to prevent fraud, abuse, unauthorized resale, or other misuse.
7. Shipping and Delivery
Shipping destinations, estimated delivery times, shipping charges, and related information are described in our Shipping Policy and during checkout where applicable.
Delivery estimates are estimates unless a specific delivery date has been expressly agreed. We will comply with applicable legal requirements relating to delivery.
Nothing in this section limits any statutory rights you may have in relation to delayed, lost, damaged, or undelivered goods.
8. Returns, Refunds, and Cancellation Rights
Our voluntary return, refund, and exchange terms are described in our Return and Refund Policy.
Customers may also have statutory cancellation, return, refund, repair, replacement, or other consumer rights depending on their location.
For customers in the United States, applicable federal or state consumer protection laws may provide additional rights depending on your location. Please review our Return and Refund Policy for further information.
For customers in the United Kingdom purchasing online, statutory cancellation rights may apply in addition to our voluntary return policy. Please review our Return and Refund Policy for further information.
For customers in Canada, applicable federal or provincial consumer protection laws may provide additional rights. Please review our Return and Refund Policy for further information.
Nothing in these Terms or our policies is intended to restrict or exclude rights that cannot legally be restricted or excluded.
9. Optional Third-Party Tools and Services
We may provide access to third-party tools, applications, payment services, or other services that we do not directly operate or control.
Your use of third-party services may also be subject to the applicable third party's own terms and privacy policies.
Nothing in this section excludes any responsibility that we cannot lawfully exclude in connection with services we are responsible for providing to you.
10. Third-Party Links
The Site may contain links to websites or services operated by third parties. We are not responsible for the content or practices of independent third-party websites that we do not control.
We recommend reviewing the applicable terms and privacy policies before using third-party websites or services.
11. User Comments, Feedback, and Submissions
If you voluntarily submit reviews, comments, suggestions, feedback, photographs, or other content to us, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, and display that content for legitimate business purposes, subject to applicable law and our Privacy Policy.
You confirm that you have the necessary rights to submit such content and that your submissions will not infringe third-party rights or contain unlawful, abusive, defamatory, malicious, or otherwise prohibited material.
12. Personal Information
Our collection and use of personal information is governed by our Privacy Policy.
13. Errors, Inaccuracies, and Omissions
Occasionally, information on the Site may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or availability.
We reserve the right to correct such errors and update information where reasonably necessary.
If an error affects an order you have already placed, we will handle the matter in accordance with applicable law and will contact you where appropriate. Nothing in this section affects your statutory consumer rights.
14. Prohibited Uses
You may not use the Site or its content:
- For any unlawful or fraudulent purpose
- To violate applicable laws or regulations
- To infringe intellectual property or other legal rights
- To transmit malware, viruses, or other harmful code
- To unlawfully collect or harvest personal information
- To interfere with the security, operation, or functionality of the Site
- To attempt unauthorized access to our systems or those of our service providers
- To engage in conduct intended to harm, disrupt, or misuse our services
We may restrict or terminate access where reasonably necessary in response to prohibited or unlawful use.
15. Warranties and Limitation of Liability
We do not exclude or limit any liability where doing so would be unlawful.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
Nothing in these Terms excludes, restricts, or limits any statutory rights you may have in relation to goods, including rights relating to goods that are faulty, not as described, not of satisfactory quality, or not fit for their intended purpose where such rights apply.
To the extent permitted by applicable law, we are not responsible for losses that were not reasonably foreseeable when the contract was entered into or for losses arising from circumstances for which we are not legally responsible.
If you are purchasing as a consumer, we do not exclude liability for losses that result from our breach of these Terms where such losses are reasonably foreseeable.
16. Indemnification
To the extent permitted by applicable law, you may be responsible for losses reasonably incurred by us as a direct result of your unlawful use of the Site, infringement of third-party rights, or material breach of these Terms.
Nothing in this section is intended to impose liability on a consumer beyond what is fair, reasonable, and permitted by applicable law.
17. Severability
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be interpreted or removed only to the extent necessary, and the remaining provisions will continue to apply.
18. Termination
These Terms remain effective while you use the Site or our services.
We may suspend or terminate access to the Site where reasonably necessary if you materially violate these Terms, use the Site unlawfully, engage in fraudulent activity, or create a material security risk.
Termination of access does not affect rights or obligations that arose before termination.
19. Entire Agreement
These Terms, together with the policies and information expressly incorporated into them, constitute the agreement between you and us regarding your use of the Site and purchases made through it.
Nothing in this section excludes representations, rights, or obligations that cannot lawfully be excluded.
20. Governing Law and Consumer Rights
These Terms and any contract between you and us are subject to applicable laws and regulations.
If you are a consumer in the United States, nothing in these Terms is intended to deprive you of the mandatory protections available to you under applicable federal or state consumer protection law.
If you are a consumer in the United Kingdom, nothing in these Terms is intended to deprive you of the mandatory protections available to you under applicable UK consumer law.
If you are a consumer in Canada, nothing in these Terms is intended to deprive you of the mandatory protections available to you under applicable federal or provincial consumer protection legislation.
Where applicable law gives you the right to bring proceedings in the courts of the country or part of the country in which you live, nothing in these Terms is intended to restrict that right.
21. Changes to These Terms
We may update these Terms from time to time to reflect changes to our business, services, legal requirements, or operational practices.
Changes will apply prospectively from the date the updated Terms are published unless applicable law requires otherwise. Changes to these Terms will not retrospectively remove rights that have already arisen under an existing order or contract.
22. Contact Information
Questions regarding these Terms of Service can be sent to:
Caldwell & Voss
Operated by NextEra Digitals
Email: support@caldwellvoss.com