Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to JESYKUH. The terms “we,” “us,” and “our” refer to JESYKUH.

JESYKUH operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you with a curated shopping experience (the “Services”). JESYKUH is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, 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. They include important information about your legal rights, including warranty disclaimers, limitations of liability, and other terms that may apply to your purchases.

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 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 or province of residence, or that you have the consent of a parent or legal guardian to use the Services and make purchases.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide is accurate, current, and complete and that you have all rights necessary to provide that information.

You are responsible for maintaining the security of any account credentials associated with your use of the Services and for activity occurring through your account.

You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to accurately represent our products and services in our online store. However, colors and product appearance may vary depending on your screen, device settings, lighting, photography, and the materials or manufacturing processes used.

Because JESYKUH products are digitally manufactured and made to order, minor variations in texture, layer lines, finish, color, and appearance may occur between individual products. Such variations may be inherent to the manufacturing process and do not necessarily constitute a defect.

Product descriptions, specifications, availability, pricing, and other information may change from time to time. We reserve the right to discontinue products or limit quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 — ORDERS

When you place an order, you are submitting an offer to purchase the products or services in your order.

JESYKUH reserves the right to accept, decline, cancel, or limit an order for legitimate reasons, including product availability, pricing or listing errors, suspected fraud, technical errors, or other circumstances that prevent us from reasonably fulfilling the order.

An order is not accepted until JESYKUH confirms acceptance and has successfully processed payment.

Please review your order carefully before submitting it, including your phone model, storage size, product selection, and shipping information.

Once an order has been accepted and production has begun, JESYKUH may be unable to accommodate cancellation requests.

If we cancel or decline an order after payment has been received, we will refund the amount paid for the canceled order or affected item.

Purchases are subject to our Return & Refund Policy [LINK].

You represent that your purchases are for personal or household use and not for unauthorized commercial resale.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price displayed at the time the order is placed and will be shown in your order confirmation.

Unless otherwise stated, posted prices do not include applicable taxes or shipping charges.

We may offer promotions that are governed by terms separate from these Terms. If a promotion's terms conflict with these Terms, the promotion terms will govern for that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for purchases made through our store.

You represent and warrant that you are authorized to use the payment method provided and agree to pay all charges associated with your purchase, including applicable taxes and shipping charges.

SECTION 5 — SHIPPING AND DELIVERY

JESYKUH ships to U.S. addresses only unless we expressly state otherwise.

Shipping and delivery times provided by JESYKUH are estimates unless a specific delivery guarantee is expressly stated.

JESYKUH is not responsible for delays caused by shipping carriers, weather, customs or government processing, incorrect or incomplete shipping information provided by the customer, or other circumstances outside our reasonable control.

However, if we are unable to ship an order within the timeframe promised to you, we will handle the delay in accordance with applicable law and any rights described in our policies.

For additional information regarding lost, delayed, or missing packages, please see our Return & Refund Policy [LINK].

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to our trademarks, brand names, text, displays, images, graphics, product reviews, video, audio, designs, product designs, and the selection and arrangement of those materials, are owned by JESYKUH, its affiliates, or its licensors and are protected by applicable intellectual property laws.

These Terms permit you to 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 materials from the Services without our prior written permission, except as permitted by law.

Nothing in these Terms grants you a license or other rights to any patent, trademark, copyright, design, or other intellectual property belonging to JESYKUH, Shopify, or any third party unless expressly stated.

JESYKUH names, logos, product names, designs, and slogans are trademarks of JESYKUH or their respective owners. You may not use JESYKUH trademarks without prior written permission.

SECTION 7 — OPTIONAL TOOLS

We may provide access to third-party tools as part of the Services that we do not monitor, control, or otherwise manage.

These tools are provided by their respective third-party providers and may be subject to additional terms.

Your use of optional third-party tools is at your own discretion and subject to the applicable third-party terms.

We may introduce additional features, tools, or resources in the future. Any such features will be considered part of the Services and will be subject to these Terms unless otherwise stated.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links, materials, or functionality provided by third parties.

We are not responsible for examining or evaluating third-party materials, websites, products, or services, and we do not guarantee their accuracy.

If you access a third-party website or service through our Services, you do so at your own risk and are subject to that third party's terms and policies.

Complaints, claims, or questions regarding third-party products or services should be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

JESYKUH is powered by Shopify, which enables us to provide the Services to you.

Any sales or purchases you make through our store are made directly with JESYKUH.

Shopify is not responsible for the products or services sold by JESYKUH or for the performance of transactions between you and JESYKUH.

To the extent permitted by applicable law, you agree that Shopify and its affiliates are not responsible for claims, damages, or liabilities arising from your purchase or use of JESYKUH products or services.

SECTION 10 — PRIVACY

Personal information collected through the Services is subject to our Privacy Policy [LINK].

Because our store is hosted by Shopify, Shopify also processes certain information relating to your access to and use of the Services. Additional information may be available through Shopify's privacy policies.

Please review our Privacy Policy [LINK] for information about how JESYKUH and applicable service providers collect, use, and process personal information.

SECTION 11 — FEEDBACK AND REVIEWS

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, photographs, plans, or other content to JESYKUH (“Feedback”), you grant JESYKUH a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, display, and otherwise use that Feedback in connection with operating, improving, evaluating, and promoting the Services.

You represent that you have the rights necessary to provide the Feedback and that your Feedback does not violate the rights of another person or entity.

You agree not to submit Feedback that is unlawful, fraudulent, defamatory, abusive, obscene, infringing, or otherwise violates these Terms.

JESYKUH is not obligated to maintain Feedback as confidential, compensate you for Feedback, or respond to Feedback.

We may remove or refuse to publish Feedback that we reasonably believe violates these Terms or applicable law.

SECTION 12 — CUSTOM ORDERS

JESYKUH offers Custom Phone Cases as a made-to-order service.

Custom orders begin with a customer request or submission. A request does not guarantee that JESYKUH will accept or produce the requested design.

Before payment, JESYKUH may review the request and determine whether the requested design is feasible and which Custom tier or price applies.

Custom pricing may vary based on the complexity of the requested design, the amount of design work required, the phone model, materials, manufacturing requirements, and other factors.

A customer may be provided with a private or unlisted Shopify product or checkout link for the agreed Custom order.

Production begins after payment has been received and the order has been accepted.

Because Custom products are made specifically from an individual customer's approved request, Custom orders are not generally eligible for returns or exchanges based solely on a change of mind, dissatisfaction with the requested design, or failure to accurately communicate the desired result.

JESYKUH may decline Custom requests that we determine are not feasible, cannot reasonably be produced, require prohibited content, infringe another person's intellectual property, or otherwise violate these Terms.

If JESYKUH determines that a Custom request cannot be completed after payment, we will contact the customer and provide an appropriate resolution, which may include a refund.

Additional Custom terms may be provided during the request and approval process and will apply to the specific Custom order.

SECTION 13 — RANDOM PRODUCTS

Random products are intentionally designed around an element of chance.

For a Random product, the customer chooses the available product specifications, such as phone model and storage size, but does not choose the design, colors, or final combination.

JESYKUH uses its Randomizer to determine the design and three-color combination for the order.

The resulting design and color combination may be a combination the customer personally likes or dislikes. The possibility of receiving a combination that is not the customer's personal style is part of the Random product experience.

By purchasing a Random product, you acknowledge that you are accepting the design and color combination selected through the Random process.

Random products cannot be returned or exchanged solely because the customer does not like the design, colors, or combination received.

This does not limit any rights a customer may have under applicable law or any remedy available for a verified defect, damage, wrong item, or other issue covered by our Return & Refund Policy [LINK].

SECTION 14 — PRODUCT USE AND COMPATIBILITY

JESYKUH products are accessories designed for the uses described on their respective product pages.

Products containing storage features are not guaranteed to prevent the loss, movement, or accidental release of items placed inside them.

Customers are responsible for using products appropriately and for determining whether a product is suitable for their intended use.

JESYKUH is not responsible for damage, loss, or injury resulting from misuse, improper installation, modification, alteration, drops, accidents, or use outside the product's intended purpose, except to the extent liability cannot lawfully be excluded.

Our products are not intended to be relied upon for high-risk activities where product failure could reasonably result in serious injury, death, or significant property damage.

Customers are responsible for verifying that the selected phone model and product are compatible before purchasing.

JESYKUH is not responsible for compatibility issues resulting from selecting the wrong phone model, changes made by a device manufacturer, third-party accessories, or other conditions outside JESYKUH's control.

JESYKUH is not responsible for theft, loss, or disappearance of a phone, device, or personal belongings while using our products.

JESYKUH is not responsible for device overheating, battery issues, electrical malfunction, hardware failure, or other device problems caused by conditions unrelated to a verified defect in the JESYKUH product.

SECTION 15 — PROHIBITED USES

You agree not to use JESYKUH products or the Services for unlawful purposes.

You may not use JESYKUH products in connection with:

  • Violence or intentional harm to another person

  • Self-harm

  • Theft, fraud, or other criminal activity

  • Illegal substances or contraband

  • Weapons or other unlawful items

  • Any activity that violates applicable federal, state, or local law

  • Any activity that infringes the rights of another person or entity

JESYKUH does not authorize or encourage the use of its products for any prohibited or unlawful purpose.

We reserve the right to refuse, cancel, or limit an order when we reasonably believe the order or intended use violates these Terms or applicable law.

SECTION 16 — COLOR, APPEARANCE, AND MANUFACTURING VARIATIONS

Product colors may appear slightly different depending on your screen, device settings, lighting, photography, and the materials used.

Because JESYKUH products are digitally manufactured, minor variations in layer lines, texture, sheen, color, and surface appearance may occur.

These variations are part of the manufacturing process and do not automatically constitute a defect.

For products with intentionally selected or randomized colors and designs, the colors and design shown or selected through the applicable product process determine the intended finished appearance.

SECTION 17 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel affected orders when information is inaccurate.

If we cancel an order because of a material pricing or listing error after payment has been received, we will refund the affected amount.

SECTION 18 — PROHIBITED USE OF THE SERVICES

You may use the Services only for lawful purposes.

You may not use the Services to:

  • Violate any applicable law or regulation

  • Infringe intellectual property or other rights

  • Harass, abuse, threaten, or harm another person

  • Submit false or misleading information

  • Send spam or unauthorized promotional material

  • Impersonate another person or entity

  • Upload or transmit malicious code

  • Copy, reproduce, resell, or exploit the Services without authorization

  • Collect personal information about others without authorization

  • Scrape, crawl, or otherwise improperly collect information from the Services

  • Interfere with or circumvent security features of the Services

We may suspend or terminate access to the Services if we reasonably determine that these Terms have been violated.

SECTION 19 — TERMINATION

We may suspend or terminate access to the Services when permitted by applicable law if you violate these Terms or engage in conduct that creates a risk to JESYKUH, Shopify, our service providers, or other users.

Termination does not affect obligations or rights that arose before termination.

Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, Feedback, disclaimers, limitations of liability, indemnification, governing law, and dispute-related provisions.

SECTION 20 — DISCLAIMER OF WARRANTIES

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

Except as expressly stated by JESYKUH, we do not make warranties or representations that the Services will be uninterrupted, timely, secure, or error-free.

To the fullest extent permitted by applicable law, JESYKUH disclaims implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Nothing in these Terms excludes or limits a warranty or consumer protection right that cannot lawfully be excluded or limited.

SECTION 21 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, JESYKUH and its owners, employees, contractors, agents, affiliates, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, or replacement costs arising from your use of the Services or products purchased through the Services.

To the fullest extent permitted by applicable law, JESYKUH's aggregate liability relating to a particular product or transaction will not exceed the amount actually paid to JESYKUH for that product or transaction.

Nothing in these Terms limits liability that cannot legally be limited or excluded.

SECTION 22 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless JESYKUH, its owners, employees, contractors, agents, affiliates, service providers, and licensors from claims, damages, liabilities, losses, and reasonable expenses arising from:

  1. Your violation of these Terms;

  2. Your violation of applicable law or the rights of another person or entity; or

  3. Your misuse of the Services or JESYKUH products.

This section does not require you to indemnify JESYKUH for liability caused by JESYKUH's own unlawful conduct where such indemnification is prohibited by law.

SECTION 23 — SEVERABILITY

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

SECTION 24 — WAIVER; ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

These Terms, together with the policies and other terms expressly incorporated into them, constitute the agreement between you and JESYKUH regarding your use of the Services and supersede prior or contemporaneous communications relating to the same subject matter.

Any ambiguities will be interpreted in accordance with applicable law.

SECTION 25 — ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

JESYKUH may assign or transfer its rights and obligations under these Terms as permitted by law.

SECTION 26 — GOVERNING LAW AND VENUE

These Terms and any separate agreement under which JESYKUH provides products or services will be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles, except to the extent federal law or another applicable law requires otherwise.

To the extent permitted by law, disputes arising from these Terms or your purchase or use of JESYKUH products or Services will be brought in a court of competent jurisdiction located in Pennsylvania.

Nothing in this section prevents a consumer from exercising rights or pursuing remedies that cannot lawfully be waived under applicable law.

SECTION 27 — HEADINGS

Section headings are provided for convenience only and do not affect the interpretation of these Terms.

SECTION 28 — CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

We reserve the right to update, change, or replace any part of these Terms by posting an updated version on our website.

When required by applicable law, we will provide notice of material changes.

Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms to the extent permitted by law.

SECTION 29 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

shopjesykuh@gmail.com

JESYKUH