Terms of Service
Overview
Welcome to 21Lab.co. “We”, “us” and “our” refer to 21Lab.co. We operate this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). 21Lab.co is powered by Shopify, which enables us to provide the Services.
These terms and conditions, together with the policies referenced here (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services. Please read them carefully, as they include important information about your legal rights, including 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 use or access the Services.
1. Access and accounts
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence and consent to allow any minor dependants to use the Services on devices you own, purchase or manage.
To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide information such as your email address, billing, payment and shipping details. You represent and warrant that all information you provide is accurate, complete and current, and that you have all rights necessary to provide it.
You are solely responsible for the security of your account credentials and all activity on your account. You may not transfer, sell, assign or license your account to anyone else.
2. Our products
We have made every effort to display our products and services accurately. However, colours and product appearance may differ depending on your device, settings and configuration.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be exactly as described or displayed in our online store.
Product descriptions may change at any time without notice. We reserve the right to discontinue any product and may limit quantities offered to any person, geographical region or jurisdiction on a case-by-case basis.
3. Orders
Placing an order constitutes an offer to purchase. 21Lab.co reserves the right to accept or reject your order at its discretion for any reason. An order is accepted only when 21Lab.co confirms acceptance. We must receive and process your payment before accepting it. Please review your order carefully before submitting it, as we may be unable to cancel an accepted order. If we do not accept, change or cancel your order, we will attempt to notify you using the email address, billing address and/or phone number provided when you ordered.
Purchases are eligible for returns or exchanges only in accordance with our Returns & Exchanges Policy.
You represent and warrant that your purchases are for personal or household use, and not for commercial resale or export.
4. Prices and billing
Prices, discounts and promotions may change without notice. The price charged is the price in effect when you place your order and will be shown in your order confirmation email. Unless expressly stated otherwise, listed prices exclude taxes, shipping, handling, customs duties and import charges.
Prices in our online store may differ from those in physical stores or stores operated by third parties. We may offer promotions governed by separate terms and conditions. If those terms conflict with these Terms, the promotional terms prevail.
You agree to provide current, complete and accurate purchase, payment and account information for every purchase. You agree to update your account and other information promptly, including your email address, credit card number and expiry date, so that we can complete your transactions and contact you when needed.
You represent and warrant that (i) the credit card information you provide is true, accurate and complete; (ii) you are authorised to use the card for your purchase; (iii) charges incurred will be honoured by your card issuer; and (iv) you will pay all charges at the listed prices, including shipping, handling and any applicable taxes.
5. Shipping and delivery
We are not liable for shipping or delivery delays. Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Ownership and risk of loss pass to you when we hand the products to the carrier.
6. Intellectual property
The Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio and their design, selection and arrangement, are owned by 21Lab.co, its affiliates or licensors and are protected by US and foreign patent, copyright and other intellectual property laws.
These Terms permit only personal, non-commercial use of the Services. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any materials from the Services. Except as expressly provided, these Terms do not grant you any licence or other rights to any patent, trademark, copyright or other intellectual property of 21Lab.co, Shopify or any third party. Unauthorised use may violate federal and state intellectual property laws. We reserve all rights not expressly granted.
21Lab.co’s name, logo, product and service names, designs and slogans are trademarks of 21Lab.co, its affiliates or licensors and may not be used without our prior written permission. Shopify’s name, logo, product and service names, designs and slogans are Shopify trademarks. All other names, logos, product and service names, designs and slogans belong to their respective owners.
7. Optional tools
We may provide access to third-party customer tools that we do not monitor, control or have any input into. You acknowledge and agree that these tools are provided “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We are not liable for anything arising from or relating to your use of optional third-party tools.
You use optional tools at your own risk and discretion and should ensure that you understand and agree to the terms under which the relevant third-party provider supplies them.
We may offer new features through the Services in future, including new tools and resources. These will also form part of the Services and be subject to these Terms.
8. Third-party links
The Services may contain materials and hyperlinks supplied or operated by third parties, including embedded third-party features. We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites you choose to access. You leave the Services and access them at your own risk.
We are not liable for any harm or damage associated with your access to third-party websites or your purchase or use of products, services, resources or content on them. Review their policies and practices carefully and make sure you understand them before transacting. Complaints, claims, concerns or questions about third-party products should be directed to the third party.
9. Relationship with Shopify
21Lab.co is powered by Shopify, which enables us to provide the Services. However, purchases and sales in our store are directly between you and 21Lab.co. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and 21Lab.co, including injury, damage or loss caused by purchased products or services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchases and transactions with 21Lab.co.
10. Privacy
Personal information collected through the Services is governed by our Privacy Policy. Certain information may also be governed by Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these policies.
Because Shopify hosts the Services, it collects and processes personal information about your access to and use of them to provide and improve the Services. Information you submit is transmitted to and shared with Shopify and third parties that may be located outside your country. Review our Privacy Policy for details of how we, Shopify and our partners use your information.
11. Feedback
If you submit, upload, publish, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display it in any media for any purpose, including commercial purposes. We may use these rights to operate, provide, evaluate, enhance, improve and promote the Services and to fulfil and exercise our obligations and rights under these Terms.
You represent and warrant that (i) you own or have all rights needed to submit your Feedback; (ii) you have disclosed any compensation or incentive received for it; and (iii) it complies with these Terms. We are not obliged to keep Feedback confidential, compensate you for it or respond to it.
We may, but are not obliged to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates anyone’s intellectual property rights or these Terms.
Your Feedback must not violate any third party’s rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. It must not contain defamatory, unlawful, abusive or obscene content, or viruses or other malware that could affect the Services or a related website. You may not use a false email address, impersonate anyone or otherwise mislead us or third parties about its origin. You are solely responsible for your Feedback and its accuracy. We are not responsible or liable for Feedback published by you or any third party.
12. Errors, inaccuracies and omissions
Information on our website or in the Services may occasionally contain typographical errors, inaccuracies or omissions concerning product descriptions, prices, promotions, offers, shipping charges, delivery times or availability. We reserve the right to correct them and to change or update information or cancel orders whenever information in the Services or any related website is inaccurate, without prior notice, including after you submit an order.
13. Prohibited uses
You may access and use the Services only for lawful purposes. You may not, directly or indirectly, use them (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial, state or local regulations, rules or laws; (c) to infringe our intellectual property or anyone else’s; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure our employees or anyone else; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to send or procure advertising or promotional material, including junk mail, chain letters, spam or similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to restrict or inhibit anyone’s use or enjoyment of the Services, or engage in conduct that we determine could harm 21Lab.co, Shopify or users or expose them to liability.
You also agree not to (a) upload or transmit viruses or malicious code that may affect the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track others’ personal information; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent security features of the Services, related websites, other websites or the internet. We may suspend, disable or terminate your account at any time without notice if we determine that you have violated these Terms.
14. Termination
We may terminate this agreement or your access to all or part of the Services at any time, at our sole discretion and without notice. You remain liable for all amounts due up to and including the termination date.
The provisions concerning intellectual property, Feedback, termination, disclaimers, limitation of liability, indemnification, severability, waiver and entire agreement, assignment, governing law, privacy and any others that by their nature should survive termination will continue to apply.
15. Disclaimers
Information provided in or through the Services is for general information only. We do not warrant its accuracy, completeness or usefulness. You rely on it at your own risk. We disclaim responsibility and liability arising from reliance on it by you, other visitors or anyone who learns of its content.
Except as expressly stated by 21Lab.co, the Services and all products provided through them are supplied “as is” and “as available”, without express or implied representations, warranties or conditions, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title or non-infringement. We do not guarantee that your use will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or prohibit disclaimers of implied or other warranties, so these disclaimers may not apply to you.
16. Limitation of liability
To the fullest extent permitted by law, in no circumstances will 21Lab.co, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors be liable for injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages, including lost profits, revenue, savings or data, replacement costs or similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from your use of any part of the Services or any product purchased through them, or any other claim relating to your use of the Services or products. This includes errors or omissions in content and loss or damage arising from use of the Services or content or products published, transmitted or otherwise made available through them, even if advised of the possibility.
17. Indemnification
You agree to indemnify, defend and hold harmless 21Lab.co, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against third-party claims or demands, including reasonable legal fees, arising from or relating to (1) your breach of these Terms or referenced documents; (2) your violation of any law or third-party rights; or (3) your access to and use of the Services.
We will notify you of an indemnifiable claim, but a failure to notify you promptly does not relieve your obligations unless it materially prejudices you. We may control the defence and settlement, including choosing counsel, at your expense. We will not settle a claim requiring a non-monetary obligation from you without your consent, which you may not unreasonably withhold. You must cooperate with the defence, including providing relevant documents.
18. Severability
If a provision is held unlawful, void or unenforceable, it will nevertheless be enforced to the fullest extent permitted by law. The unenforceable part is deemed severed from these Terms, without affecting the validity or enforceability of the remaining provisions.
19. Waiver and entire agreement
Our failure to exercise or enforce a right or provision does not waive it.
These Terms and the policies or operating rules published on this website or relating to the Services constitute the entire agreement and understanding between you and us. They supersede prior or contemporaneous oral or written agreements, communications and proposals, including earlier versions of these Terms.
Any ambiguity in interpreting these Terms must not be construed against the party that drafted them.
20. Assignment
You may not delegate, transfer or assign this agreement or your rights or obligations without our prior written consent. Any attempt to do so is void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.
21. Governing law
These Terms and any separate agreements under which we provide the Services are governed by and construed in accordance with the federal, state or local courts of the jurisdiction in which 21Lab.co is headquartered. You and 21Lab.co consent to those courts’ territorial and personal jurisdiction.
22. Headings
Headings are provided for convenience only and do not limit or otherwise affect these Terms.
23. Changes to these Terms
You may review the latest version on this page at any time. We reserve the right, at our discretion, to update, change or replace any part by publishing updates on our website. You are responsible for checking periodically for changes. We will notify you of material changes as required by applicable law; they take effect on the date stated in the notice. Continuing to use or access our website or the Services after changes are published constitutes acceptance.
24. Contact
Questions about these Terms should be sent to 21thclub@gmail.com.