Terms of service
OVERVIEW
Welcome to Insect Insane! The terms “we” and “us” refer to Insect Insane. Insect Insane 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”). Insect Insane is powered by Shopify, which enables us to provide the Services to you.
The terms 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 carefully — 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 and our Privacy Policy. If you do not agree, you should not use the Services.
1. ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your country of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including browsing our online store or purchasing products, 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 it.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.
2. OUR PRODUCTS
We have made every effort to represent our products accurately in the online store. Please note, however, that colours or product appearance may differ on your screen depending on your device and its settings.
Every piece is a hand-made, one-of-a-kind item, and small variations in materials, tones and dimensions are a natural part of how it is made.
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 to limit the quantities of any product we offer to any person, geographic region or jurisdiction.
3. ORDERS
When you place an order, you are making an offer to purchase. Insect Insane reserves the right to accept or decline your order at its discretion. Your order is not accepted until Insect Insane confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided when the order was placed.
Your purchases are subject to return and exchange in accordance with our refund policy, and as a consumer you have the right under the Estonian Law of Obligations Act to withdraw from a distance contract within 14 days of receiving the goods.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale.
4. PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include shipping, handling, customs or import charges.
From time to time we may offer promotions on the Services governed by terms separate from these Terms. If there is a conflict, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases, and to promptly update it so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment card information you provide is true, correct and complete, (ii) you are duly authorised to use such card for the purchase, (iii) charges incurred by you will be honoured by your card issuer, and (iv) you will pay charges incurred at the posted prices, including shipping and all applicable taxes.
5. SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our control. For consumer buyers, risk of loss passes to you on receipt of the goods; otherwise, on transfer of the products to the carrier.
6. INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Insect Insane or its licensors and are protected by Estonian and international copyright 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 of, publicly display, republish, store or transmit any of the material on the Services without our prior written consent. All rights not expressly granted herein are reserved by Insect Insane.
Insect Insane’s name, logo, product and service names, designs and slogans are trademarks of Insect Insane. You must not use them without our prior written permission. Shopify’s name and logo are trademarks of Shopify.
7. OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor control.
You acknowledge that we provide access to such tools “as is” and “as available” without any warranties or conditions. Any use of them is entirely at your own risk and you should ensure you are familiar with and approve of the third party’s terms.
We may in the future offer new features through the Services. Such features are also deemed part of the Services and are subject to these Terms.
8. THIRD-PARTY LINKS
The Services may contain materials and hyperlinks provided by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you decide to leave the Services to access them, you do so at your own risk. Complaints and questions regarding third-party products and services should be directed to the third party.
9. RELATIONSHIP WITH SHOPIFY
Insect Insane is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Insect Insane. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and Insect Insane, including any damage or loss resulting from purchased products.
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. By using the Services, you acknowledge that you have read these privacy policies.
11. FEEDBACK
If you submit ideas, suggestions, feedback, reviews or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose.
You represent that you have all necessary rights to the Feedback, that it does not violate any third-party rights and that it does not contain unlawful, abusive or obscene content. We are under no obligation to maintain Feedback in confidence, to pay compensation for it, or to respond to it. We may, but have no obligation to, monitor, edit or remove Feedback.
12. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate, including after you have submitted your order.
13. PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any laws or regulations; (c) to infringe intellectual property rights; (d) to harass, abuse, insult, defame or intimidate others; (e) to transmit false or misleading information; (f) to send spam or other unsolicited solicitations; (g) to impersonate any other person or entity; or (h) to engage in any other conduct that restricts or inhibits anyone’s use of the Services.
In addition, you agree not to upload viruses or malicious code, reproduce, copy or exploit any portion of the Services, collect the personal information of others, or use any robot, spider, scraping tool or automated process to access the Services without our permission. We reserve the right to suspend or terminate your account if we determine that you have violated these Terms.
14. AGENTS
14.1 This section applies if you use, allow or cause the deployment of an Agent to access or interact with the Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person, and that can be executed without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself and operates in strict accordance with section 14.4, or if we have requested that the Agent refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses the Services.
14.4 Agents must: (i) identify themselves in all HTTP/HTTPS requests by including “Agent/[agent name]” in the user agent string; (ii) not conceal that access is from an Agent, including by mimicking human behaviour or completing CAPTCHAs; (iii) respond truthfully to any question seeking to determine whether interactions come from a human or a computer; (iv) not circumvent any measure intended to block, limit or control Agent access.
15. TERMINATION
We may terminate your access to the Services at our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.
The following sections continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.
16. DISCLAIMER OF WARRANTIES
The information presented in the Services is made available solely for general information purposes and any reliance you place on it is at your own risk.
Except as expressly stated, the Services are provided “as is” and “as available”, without any express or implied warranties. We do not guarantee that your use of the Services will be uninterrupted, secure or error-free. This disclaimer does not limit consumer rights arising from mandatory Estonian and European Union consumer protection law, including the right to repair, replacement, price reduction or withdrawal in the case of defective goods.
17. LIMITATION OF LIABILITY
To the fullest extent permitted by law, neither Insect Insane nor Shopify shall be liable for any indirect, incidental, special or consequential damages, including lost profits, lost data or replacement costs, arising from your use of the Services or any products purchased through them. This limitation does not apply in cases of intentional breach, gross negligence or personal injury, and does not limit mandatory consumer rights.
18. INDEMNIFICATION
You agree to indemnify Insect Insane and Shopify and their representatives against any losses, damages and claims, including reasonable legal fees, arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
19. SEVERABILITY
If any provision of these Terms is determined to be void or unenforceable, it shall be deemed severed and this shall not affect the validity of the remaining provisions.
20. WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision shall not constitute a waiver of it.
These Terms and any policies we post constitute the entire agreement between you and us, superseding any prior agreements and any prior versions of these Terms.
21. ASSIGNMENT
You may not assign this agreement or any rights under it without our prior written consent. We may transfer or assign these Terms without notice to you.
22. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by the laws of the Republic of Estonia. Disputes shall be resolved through negotiation; failing agreement, in the courts of the Republic of Estonia. If you are a consumer, this does not deprive you of the right to bring proceedings in the courts of your country of residence or to rely on the mandatory consumer protection rules of that country.
As a consumer you have the right to refer a dispute to the Estonian Consumer Disputes Committee (Consumer Protection and Technical Regulatory Authority, www.tarbijakaitse.ee).
23. HEADINGS
The headings used in this agreement are included for convenience only and do not affect the substance of these Terms.
24. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page. We reserve the right to update these Terms by posting changes to our website. We will notify you of material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.
25. CONTACT INFORMATION
Insect Insane
Email: annika@insectinsane.com
