TERMS OF SERVICE

OVERVIEW

Welcome to Xomiko! Xomiko is a trading name operated by Wadihfree OÜ. The terms "we", "us" and "our" refer to Xomiko.

Xomiko 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"). Xomiko is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, 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 represent that you are at least the age of majority in your state, province or country of residence, or that you otherwise have the legal capacity to enter into these Terms.

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 information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are responsible for maintaining the security of your account credentials and for activity conducted through your account. You may not transfer, sell, assign or license your account to another person except where permitted by applicable law.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate descriptions and representations of our products and services.

However, minor differences in color or appearance may occur due to device screens, display settings, lighting, photography or similar factors. Nothing in this Section limits your rights where a product is defective, materially different from its description, or otherwise does not conform to applicable consumer law.

Product descriptions may be updated from time to time. We reserve the right to discontinue products and, where permitted by applicable law, to limit the quantities of products offered to any person, geographic region or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. We may accept or decline an order where reasonably necessary, including because of product availability, suspected fraud, payment issues, pricing or listing errors, geographic restrictions, legal or regulatory requirements, or our inability to fulfill the order.

Your order is accepted when we send you confirmation that the order has been accepted for processing, unless we expressly notify you otherwise. Payment authorization or collection alone does not necessarily mean that we have accepted the order.

Please review your order carefully before submitting it. You may request an operational cancellation before the order has been fulfilled. If an order has already been fulfilled or shipped and can no longer be stopped, our Return & Refund Policy will apply. Nothing in this Section affects any statutory right of withdrawal or other mandatory consumer right available to you under applicable law.

If we do not accept an order, make a material change to it, or cancel it, we will attempt to notify you using the email address, billing information and/or phone number provided with the order. Where payment has already been collected for an order that we cancel, the applicable amount will be refunded.

Your purchases are subject to our Return & Refund Policy and any rights available to you under applicable consumer law.

You represent that purchases made through the Services are for lawful purposes and not for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions may change from time to time. The price applicable to your order will be the price shown when you submit the order, subject to correction of obvious errors in accordance with these Terms and applicable law.

Before you submit your order, we will display the total amount payable to Xomiko, including applicable taxes and shipping or handling charges collected by us, where applicable.

Depending on the destination and shipping method, customs duties, import taxes or other charges imposed by local authorities may apply. Where such charges are not collected by us at checkout, they may be payable separately by the recipient. Where applicable, information concerning such additional charges will be provided before purchase to the extent required by law and reasonably available to us.

We may offer promotions that are governed by additional terms and conditions. If promotional terms conflict with these Terms in relation to that promotion, the applicable promotional terms will govern, subject to mandatory consumer law.

You agree to provide current, complete and accurate purchase, payment and account information.

You represent that any payment information supplied by you is accurate and that you are authorized to use the relevant payment method.

SECTION 5 - SHIPPING AND DELIVERY

Any delivery timeframe shown by Xomiko is an estimate unless a specific delivery deadline has been expressly agreed or applicable law provides otherwise. Delivery times may vary due to carrier delays, customs processing, weather, public holidays or other events outside our reasonable control.

We will use reasonable efforts to keep you informed of material delays affecting your order. Nothing in this Section limits any rights you may have under applicable law in relation to late or non-delivery.

Where required by applicable consumer law, the risk of loss of or damage to the goods remains with Xomiko until you, or a third party designated by you other than the carrier, take physical possession of the goods.

If you independently arrange a carrier that was not offered by us, risk may pass when the goods are delivered to that carrier, to the extent permitted by applicable law.

Shipping timeframes, processing times and applicable import or customs information will be disclosed through our Shipping Policy or during checkout, as applicable.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to text, displays, images, graphics, video, audio, and the design, selection and arrangement thereof, are owned by or licensed to Wadihfree OÜ, Xomiko's service providers or other applicable rights holders and are protected by applicable copyright, trademark and other 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 material from the Services without our prior written consent, except where permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other right under any patent, trademark, copyright or other intellectual property right belonging to Wadihfree OÜ, Shopify or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted are reserved.

The Xomiko name, logo, product and service names, designs and slogans are owned by or licensed to Wadihfree OÜ, as applicable, and may be protected under applicable intellectual property laws.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. Other names, logos and marks appearing through the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services which we do not control.

To the fullest extent permitted by applicable law, access to such third-party tools may be provided on an "as is" and "as available" basis without warranties, representations or endorsements from us.

Your use of optional third-party tools is subject to the applicable third party's terms and policies, and you should review those terms before using them.

We may also offer new features, tools or resources through the Services in the future. Unless otherwise stated, such features form part of the Services and are subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials or links to websites operated by third parties.

We are not responsible for examining or evaluating the accuracy, content or practices of third-party websites that we do not control.

If you access a third-party website, your use of that website is subject to its own terms and policies.

To the fullest extent permitted by applicable law, Xomiko is not responsible for losses or damages arising solely from your independent use of third-party websites, products or services that are not provided by Xomiko.

Nothing in this Section limits liability or consumer rights that cannot lawfully be excluded or limited.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Xomiko is powered by Shopify, which provides the ecommerce platform that enables us to offer the Services to you. However, purchases made through our Store are transactions between you and Wadihfree OÜ, trading as Xomiko.

Shopify is not the seller of the products offered by Xomiko and is not responsible for fulfilling your order, providing customer support for your purchase, or handling returns or refunds.

Nothing in this Section excludes or limits any rights or remedies that cannot lawfully be excluded or limited under applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here.

By using the Services, you acknowledge that you have had the opportunity to review these privacy policies.

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 and other service providers, including providers located in countries other than your country of residence, as described in our Privacy Policy and as permitted by applicable law.

Please review our Privacy Policy for more information about how we and our service providers process personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant us, to the extent you have the right to do so, a worldwide, non-exclusive, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback for purposes connected with operating, improving and promoting the Services.

You represent that you own or otherwise have the necessary rights to submit the Feedback and that your Feedback does not violate applicable law or third-party rights.

Where required by applicable law, you must disclose compensation or incentives received in connection with Feedback or reviews.

We may moderate or remove Feedback where we reasonably determine that it is unlawful, abusive, fraudulent, misleading, infringes third-party rights, contains malicious software, or otherwise violates these Terms.

Nothing in this Section affects rights that you cannot lawfully waive.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Information displayed through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, availability or similar matters.

We may correct errors and update information before an order is accepted.

If a material error is discovered after you submit an order, we may contact you to explain the error and, where appropriate, ask whether you wish to proceed on the corrected terms.

Where we cannot reasonably fulfill an order because of a material error, we may cancel the affected order to the extent permitted by applicable law. If payment has already been collected, we will refund the applicable amount.

Nothing in this Section limits rights available to you under applicable consumer law.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to:

(a) engage in unlawful or malicious activity;
(b) violate applicable laws or regulations;
(c) infringe intellectual property or other rights belonging to us or third parties;
(d) harass, abuse, threaten, defame or unlawfully harm another person;
(e) transmit knowingly false, fraudulent or misleading information;
(f) distribute spam, malicious code, viruses or other harmful material;
(g) impersonate another person or entity;
(h) collect personal information unlawfully;
(i) interfere with or circumvent security, authentication or access-control measures; or
(j) use automated systems, scraping tools, robots, spiders or agents to access the Services in violation of these Terms or applicable law.

We may suspend or restrict access where we reasonably believe these Terms have been materially violated or where necessary to protect the Services, customers or third parties.

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 software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity.

14.2 No Agent may access, use or interact with the Services in a manner that conceals or misrepresents the automated nature of its activity.

14.3 We may use reasonable technical measures to limit or control whether and how Agents access, use or interact with the Services.

14.4 Agents must not circumvent CAPTCHAs, authentication mechanisms, robot exclusion measures, rate limits, security controls or other measures intended to distinguish or manage automated access.

Nothing in this Section permits conduct prohibited by applicable law.

SECTION 15 - TERMINATION

We may suspend, restrict or terminate your access to all or part of the Services where reasonably necessary, including where you materially violate these Terms, engage in fraudulent or unlawful activity, create a security risk, or where suspension or termination is required by law.

Where required by applicable law, we will provide appropriate notice.

Termination does not affect rights or obligations that arose before termination, including amounts properly due, existing orders, refunds, statutory consumer rights or remedies.

Sections which by their nature are intended to continue after termination will remain in effect, including provisions relating to Intellectual Property, Feedback, Limitation of Liability, Severability, Governing Law and Privacy.

SECTION 16 - DISCLAIMER OF WARRANTIES

We make reasonable efforts to ensure that information presented through the Services is accurate and up to date. However, we do not guarantee that the Services will always be uninterrupted, secure, error-free or free from technical issues.

To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.

However, nothing in these Terms excludes, limits or affects any statutory warranty, legal guarantee, consumer right or remedy that cannot lawfully be excluded or limited.

Products purchased through Xomiko remain subject to all mandatory rights and protections available under applicable consumer law, including rights relating to defective, damaged, misdescribed or non-conforming goods.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Xomiko and its affiliates, officers, employees, agents, contractors, service providers and licensors will not be liable for indirect, incidental, special or consequential losses arising from use of the Services, except where such liability cannot lawfully be excluded or limited.

Nothing in these Terms excludes or limits liability for fraud, willful misconduct, gross negligence, death or personal injury where such exclusion or limitation is prohibited by applicable law, or any other liability that cannot lawfully be excluded or limited.

Nothing in this Section limits your statutory rights or remedies relating to defective, damaged, misdescribed or non-conforming products or any other mandatory consumer rights.

SECTION 18 - USER RESPONSIBILITY

You are responsible for your use of the Services and for losses or third-party claims caused by your intentional, fraudulent or unlawful conduct, to the extent provided by applicable law.

Nothing in this Section imposes liability on you beyond what applicable law permits or limits any mandatory consumer right or protection.

SECTION 19 - 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 applicable law or, where necessary, severed from these Terms.

The remaining provisions will continue in full force and effect to the extent permitted by applicable law.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, your order confirmation, the product description applicable to your purchase, and any policies or other terms expressly incorporated by reference constitute the agreement between you and us relating to your purchase and use of the Services, except where otherwise provided by applicable law.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may transfer or assign our rights or obligations under these Terms in connection with a merger, acquisition, reorganization, sale of our business or assets, or similar transaction, provided that such transfer does not reduce your contractual or mandatory consumer rights.

Where required by applicable law, we will provide appropriate notice of such transfer.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws of Estonia.

If you are a consumer, this choice of law does not deprive you of any protection afforded by mandatory provisions of the law that would apply in the absence of this choice.

Nothing in these Terms limits any rights or remedies that cannot lawfully be excluded or restricted under applicable law.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect their interpretation.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service on this page.

We may update or replace portions of these Terms from time to time.

Where required by applicable law, we will provide appropriate notice of material changes and specify when those changes take effect.

Changes will not retroactively remove or reduce rights that have already accrued to you where doing so would be prohibited by applicable law.

Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at support@xomiko.com.

Trading name: Xomiko
Operated by: Wadihfree OÜ
Email: support@xomiko.com
Registered address: Tornimäe tn 5, 10145 Tallinn, Estonia
Company registration number: 16984576