Terms of service

OVERVIEW

Welcome to BodyChamps (“BodyChamps,” “we,” “us,” or “our”). We operate this website and online store, including all related information, content, features, tools, products, and services (collectively, the “Services”) to provide customers with a curated shopping experience. Our storefront is hosted on Shopify, which provides the e-commerce platform that enables us to offer the Services.

These Terms of Service (the “Terms”), together with any policies referenced here (including our Privacy Policy and Refund Policy), describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They contain important information about your legal rights and include provisions addressing warranty disclaimers and limitations of liability.

By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.

SECTION 1 — ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your state or province of residence. If you permit a minor dependent to use a device you own, purchase, or manage to access the Services, you are responsible for that use.

To access certain features of the Services, browse our store, or place an order, you may be asked to provide information such as your email address and billing, payment, and shipping details. You represent and warrant that any information you submit is accurate, current, and complete, and that you have the right to provide it.

You are 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 strive to present our products and services accurately. However, product colors and appearance may vary due to device type, display settings, and configuration.

We do not warrant that the appearance, performance, or quality of any product or service will meet your expectations or appear exactly as displayed.

Product descriptions, specifications, and availability are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue products and to limit quantities offered 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. BodyChamps reserves the right to accept or decline any order in its discretion. An order is not accepted until we confirm acceptance, and we must receive and process payment before acceptance occurs.

Please review your order carefully prior to submitting it. In many cases, we may be unable to accommodate cancellation requests after an order is accepted. If we decline an order, modify an order, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at checkout.

Purchases are eligible for return or exchange only in accordance with our Refund Policy.

You represent and warrant that purchases are for personal or household use only and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price charged is the price in effect at the time your order is placed, as reflected in your order confirmation. Unless expressly stated otherwise, prices do not include taxes, shipping, handling, customs, or import charges.

Prices offered through our online store may differ from those offered in physical locations or by third parties. Promotional offers may be governed by additional terms. If there is a conflict between promotion terms and these Terms, the promotion terms control.

You agree to provide accurate and current purchase and account information and to promptly update details (including email address and payment information) so we can complete 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 payment method provided;
(iii) charges incurred will be honored by the payment provider; and
(iv) you will pay all charges incurred at the prices presented, including shipping/handling (if applicable) and any taxes.

SECTION 5 — SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All delivery timeframes are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control.

Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 6 — INTELLECTUAL PROPERTY

The Services—including all trademarks, branding, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof—are owned by BodyChamps, its affiliates, or licensors, and are protected by U.S. and international intellectual property laws.

You may use the Services for personal, non-commercial purposes only. You may 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 stated, nothing in these Terms grants you any license or rights under any patent, trademark, copyright, or other intellectual property of BodyChamps, Shopify, or any third party. Unauthorized use may violate applicable laws. All rights not expressly granted are reserved.

“BodyChamps” and our names, logos, product and service names, designs, and slogans are trademarks of BodyChamps (or our affiliates/licensors). Shopify’s names and marks are trademarks of Shopify. All other marks are the property of their respective owners.

SECTION 7 — OPTIONAL TOOLS

The Services may provide access to third-party tools that we do not monitor and over which we have no control or input.

We provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. We have no liability arising from or relating to your use of third-party tools.

Use of any optional tools is at your sole risk. You are responsible for reviewing and approving the terms provided by the relevant third-party provider.

We may introduce new features, tools, or resources through the Services. Any new features are part of the Services and subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may include content or links to third-party websites or functionality. We do not control and are not responsible for the content, accuracy, or policies of third-party sites.

If you access third-party materials or websites, you do so at your own risk. We are not liable for harm or damages related to your access to or use of third-party websites, or purchases made through them. Please review third-party policies before engaging in transactions. Complaints regarding third-party products or services should be directed to the third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Our store is hosted on Shopify. However, purchases made through our store are transactions directly between you and BodyChamps.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and BodyChamps, including any injury, damage, or loss arising from purchased products or services. You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with BodyChamps.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is governed by our Privacy Policy. Certain personal information may also be subject to Shopify’s privacy practices. By using the Services, you acknowledge that you have reviewed the applicable privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process information about your access and use of the Services to provide and improve the platform. Information you submit may be transmitted to Shopify and to third parties (including those in other countries) as necessary to provide services. Refer to our Privacy Policy for details.

SECTION 11 — FEEDBACK

If you submit ideas, suggestions, feedback, reviews, proposals, or other content (“Feedback”), you grant BodyChamps 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 purposes.

You represent and warrant that:
(i) you own or have rights to provide the Feedback;
(ii) you have disclosed any compensation or incentives related to the Feedback; and
(iii) your Feedback complies with these Terms.

We have no obligation to keep Feedback confidential, pay compensation, or respond. We may monitor, edit, or remove Feedback at our discretion if it is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or violates intellectual property rights.

You agree your Feedback will not violate third-party rights, contain unlawful content, or include malware. You are solely responsible for the accuracy of your Feedback. We assume no liability for Feedback posted by you or others.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

From time to time, information on the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct such issues and to change or update information—or cancel orders—if information is inaccurate at any time without prior notice (including after an order is submitted).

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes. You may not use the Services to:
(a) engage in unlawful or malicious activity;
(b) violate laws or regulations;
(c) infringe our intellectual property or the rights of others;
(d) harass, abuse, defame, intimidate, or harm others;
(e) transmit false or misleading information;
(f) upload or transmit non-compliant material;
(g) send unsolicited advertising or spam;
(h) impersonate another person or entity; or
(i) interfere with the proper operation of the Services or others’ use.

You also agree not to upload malware, exploit the Services, collect personal information of others, scrape/crawl the site, or circumvent security features. We may suspend, disable, or terminate access without notice if we determine you have violated these Terms.

SECTION 14 — TERMINATION

We may terminate these Terms or your access to the Services (in whole or in part) at our discretion, at any time, without notice. You remain responsible for all amounts due up to and including the date of termination.

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

SECTION 15 — DISCLAIMER OF WARRANTIES

Information on the Services is provided for general information only. We do not warrant its accuracy, completeness, or usefulness. Reliance is at your own risk.

Except as expressly stated by BodyChamps, the Services and all products offered are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee uninterrupted, timely, secure, or error-free operation. Some jurisdictions limit or do not allow certain warranty disclaimers, so portions of this section may not apply to you.

SECTION 16 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, BodyChamps (and our partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors), and Shopify and its affiliates, will not be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, revenue, savings, data, or replacement costs, arising from your use of the Services or products purchased through the Services, even if advised of the possibility.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BodyChamps, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims (including reasonable attorneys’ fees) arising out of:
(1) your breach of these Terms or referenced documents;
(2) your violation of law or third-party rights; or
(3) your access to or use of the Services.

We will notify you of indemnifiable claims when practicable. We may control the defense and settlement at your expense (including counsel selection), but will not settle claims requiring non-monetary obligations from you without your consent (not unreasonably withheld). You agree to cooperate in the defense.

SECTION 18 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

Failure to enforce any right or provision of these Terms does not constitute a waiver.

These Terms, together with policies and rules posted on the site, constitute the entire agreement between you and BodyChamps and supersede prior agreements and communications. Ambiguities will not be construed against the drafting party.

SECTION 20 — ASSIGNMENT

You may not assign or transfer these Terms or your rights/obligations without our prior written consent. Any attempted assignment without consent is void. We may assign or transfer these Terms and our rights and obligations without notice to you.

SECTION 21 — GOVERNING LAW

These Terms and any separate agreements under which we provide Services are governed by the laws applicable in the jurisdiction where BodyChamps is headquartered, and you consent to venue and personal jurisdiction in the applicable courts in that jurisdiction.

SECTION 22 — HEADINGS

Headings are provided for convenience only and do not affect interpretation of these Terms.

SECTION 23 — CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time on this page. We may update or replace any part of these Terms by posting changes on our website. It is your responsibility to check periodically for updates.

If required by law, we will provide notice of material changes, which will be effective on the date specified in the notice. Continued use of the Services after changes are posted constitutes acceptance.

SECTION 24 — CONTACT INFORMATION

Questions about these Terms should be sent to support@bodychamps.com.