Terms of Purchase
Terms of Service
Welcome to Duskpawi.
In these Terms of Service, references to “Duskpawi,” “we,” “our,” or “us” mean Duskpawi and the business responsible for operating this online store.
We provide this website and its associated shopping functions, product information, digital features, content, tools, merchandise, and related functionality to our visitors and customers. Together, these offerings are referred to in these Terms as the “Services.”
Our ecommerce store is powered by technology provided by Shopify Inc.
These Terms of Service, along with any additional policies or rules referred to within them, govern your access to, use of, and purchases made through the Services.
Please review these Terms before using the website. They contain provisions relating to your legal rights and responsibilities, limitations of liability, warranty exclusions, dispute resolution procedures, and other important matters.
By entering, browsing, purchasing from, or otherwise using any portion of the Services, you indicate your acceptance of these Terms and our Privacy Policy.
If you do not agree to these Terms, you should not continue using the Services.
SECTION 1 — USER ELIGIBILITY, WEBSITE ACCESS & ACCOUNTS
By accessing or using Duskpawi, you represent that you have reached the age of legal majority under the laws applicable in your state, province, territory, or country of residence.
Where you allow a minor who is under your care to access the Services using a device that you own, control, purchase, or manage, you confirm that you have the legal authority to provide such permission.
Some store features, including placing an order, may require you to provide information such as:
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Email address
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Billing details
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Shipping or delivery information
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Payment information
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Additional information reasonably required to complete your purchase
You agree that all information submitted to Duskpawi will be truthful, accurate, complete, current, and provided lawfully.
If you register or maintain an account, you are responsible for keeping your username, password, and other access credentials secure. You are also responsible for activity conducted through your account.
Accounts may not be sold, assigned, sublicensed, transferred, or otherwise made available to another person without authorization.
SECTION 2 — PRODUCTS, DESCRIPTIONS & AVAILABILITY
Duskpawi makes reasonable efforts to present product descriptions, photographs, specifications, dimensions, features, and other product information accurately.
However, the appearance of a product on your screen may differ from the physical item you receive.
Differences in color, finish, texture, dimensions, or other visual characteristics may result from factors such as:
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Device type
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Screen calibration
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Browser configuration
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Display settings
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Lighting conditions
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Monitor quality
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Other technical variables
For this reason, we cannot promise that the product displayed on your device will be visually identical to the physical merchandise delivered to you.
We also cannot guarantee that every product or Service will satisfy the personal preferences, expectations, or intended results of every individual customer.
Product details, specifications, descriptions, availability, and related information may be revised, replaced, updated, restricted, or removed without prior notice where permitted by law.
Duskpawi may also, at its discretion:
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Stop selling a product
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Establish purchase quantity limits
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Restrict sales to certain customers
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Limit product availability in particular countries, territories, regions, or legal jurisdictions
Restrictions may be introduced generally or applied individually depending on the circumstances.
SECTION 3 — ORDER SUBMISSION & ACCEPTANCE
Submitting an order on Duskpawi means that you are making an offer to purchase the merchandise shown in your checkout.
An order is not automatically accepted simply because it has been successfully submitted through the website.
To the extent allowed by applicable law, Duskpawi may accept, decline, adjust, or cancel an order when reasonably necessary.
Payment must be successfully authorized and processed before an order can proceed to acceptance and fulfillment.
Before completing checkout, you should carefully confirm:
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Selected products
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Product options
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Quantities
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Shipping details
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Billing information
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Other information associated with your order
After an order has been accepted or submitted for fulfillment, modifications or cancellation requests may no longer be possible.
If we reject, revise, or cancel an order, we may attempt to notify you using contact information provided at checkout, which may include:
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Your email address
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Billing information
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Telephone number
Requests for refunds, returns, or exchanges are handled under the terms of our applicable Refund Policy.
By completing a purchase through Duskpawi, you confirm that the merchandise is intended primarily for legitimate personal or household use rather than unauthorized commercial resale or export.
SECTION 4 — PRICES, PAYMENT & BILLING
Duskpawi may change product prices, promotions, discount arrangements, special campaigns, or limited-time offers without advance notice.
Ordinarily, the amount charged for merchandise will be based on the price shown at the time your order is submitted and reflected in the applicable order confirmation.
Unless specifically indicated otherwise, displayed merchandise prices may exclude additional amounts such as:
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Sales or other applicable taxes
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Shipping costs
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Handling fees
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Customs charges
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Import duties
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Government assessments
Prices available through Duskpawi are independent of prices that may be offered by third-party sellers, unrelated retailers, marketplaces, or other sales channels.
We may occasionally make promotional programs available under separate rules or conditions.
If the terms applicable to a specific promotion conflict with these general Terms, the promotional rules will govern that particular offer.
You agree to maintain accurate, complete, and current account, billing, and payment information.
You should also update your email address, payment details, and other relevant information when reasonably necessary so that transactions can be completed and we can contact you regarding your purchase.
When you submit card or payment information, you represent and confirm that:
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The information you provide is complete and accurate.
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You have authority to use the selected payment method.
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Your payment issuer or provider is authorized to process valid charges.
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You agree to pay the purchase amount together with any properly disclosed taxes, delivery charges, or other applicable fees.
SECTION 5 — SHIPPING, DELIVERY & TRANSFER OF RISK
Any delivery date, transit period, or estimated arrival time shown through Duskpawi is an estimate only.
Delivery schedules may be affected by matters outside our reasonable control, including:
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Shipping carrier operations
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Customs processing
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Weather conditions
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Transportation interruptions
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Regional delivery circumstances
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Government inspections or restrictions
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Other unforeseen external events
To the maximum extent allowed by applicable law, Duskpawi is not responsible for shipping delays arising from events or circumstances beyond our reasonable control.
Where legally permitted, ownership and risk of loss may transfer to the purchaser once the relevant merchandise has been handed over to the shipping carrier for delivery.
Additional rules regarding dispatch, shipping, tracking, and delivery may be contained in our Shipping Policy.
SECTION 6 — INTELLECTUAL PROPERTY & OWNERSHIP
The Services and materials made available through Duskpawi may contain various forms of proprietary or protected content, including:
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Business and brand names
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Logos
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Written text
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Product descriptions
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Product photography
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Illustrations and graphics
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Video materials
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Audio content
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Customer reviews
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Page layouts
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Visual designs
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Software-related features
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The arrangement and selection of website content
Such materials may belong to Duskpawi, its affiliates, licensors, suppliers, Shopify, or another applicable rights owner.
They may be protected by copyright, trademark, patent, trade dress, and other intellectual property laws.
Unless we expressly authorize otherwise in writing, your right to access the Services is limited to lawful, personal, and non-commercial use.
Without appropriate prior written authorization, you may not:
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Duplicate protected content
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Reproduce website materials
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Republish content
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Modify protected materials
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Produce unauthorized derivative works
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Redistribute content
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Publicly display or perform protected materials
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Store or download materials for unauthorized purposes
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Commercially exploit any part of the Services
Nothing in these Terms transfers ownership of intellectual property to you unless such transfer is expressly stated.
No license or other proprietary right is granted except to the extent specifically provided in these Terms.
Unauthorized use of protected materials may violate applicable intellectual property law.
All rights that have not been expressly granted are reserved by Duskpawi and the relevant rights holders.
The Duskpawi name, associated branding, logos, designs, slogans, and product identifiers may constitute trademarks or other proprietary materials and may not be used without appropriate permission.
All trademarks and proprietary materials belonging to Shopify remain the property of Shopify.
Marks owned by other third parties remain the property of their respective owners.
SECTION 7 — OPTIONAL THIRD-PARTY FEATURES & TOOLS
Duskpawi may make certain applications, integrations, functionality, or tools from third-party providers available through the Services.
These third-party tools may not be owned, managed, supervised, maintained, or controlled by Duskpawi.
Where such functionality is provided, it may be made available on an “as is” and “as available” basis.
To the maximum extent permitted by applicable law, Duskpawi does not independently guarantee, endorse, warrant, or make representations concerning the operation or suitability of optional third-party tools.
If you choose to use such a feature, you do so voluntarily and at your own discretion.
Before using any third-party tool, you should review the terms, policies, conditions, and privacy practices established by its provider.
Duskpawi may introduce additional features, applications, resources, tools, or Services in the future.
Unless otherwise stated, any such additional functionality will also be governed by these Terms.
SECTION 8 — THIRD-PARTY CONTENT, LINKS & EXTERNAL SERVICES
The Services may contain links, embedded services, resources, products, information, or other materials supplied or operated by independent third parties.
Duskpawi does not necessarily review, approve, verify, manage, or control all external content or third-party websites accessible through the Services.
Accordingly, we do not guarantee the:
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Accuracy
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Completeness
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Security
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Reliability
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Content
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Products
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Services
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Data handling practices
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Privacy standards
of independent third-party websites or services.
When you choose to leave Duskpawi through an external link, you do so at your own discretion.
To the extent allowed by applicable law, Duskpawi will not be responsible for losses or damages associated with your access to an external website or with your purchase, use, or reliance on third-party products, information, resources, or services.
Before entering into any transaction with an independent provider, you should review that provider's applicable terms, privacy disclosures, refund conditions, and business practices.
Questions, complaints, disputes, or claims relating specifically to a third-party service or product should ordinarily be directed to the responsible third-party provider.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Duskpawi uses technology, infrastructure, and ecommerce functionality supplied by Shopify to operate certain portions of the Services.
However, when you purchase merchandise through Duskpawi, the commercial transaction is directly between you and Duskpawi.
Shopify does not become the seller of Duskpawi merchandise merely because its ecommerce technology supports the operation of this store.
By accessing and using the Services, you acknowledge that Shopify is not responsible for the underlying commercial transaction between you and Duskpawi, including claims relating to loss, injury, or damage arising from products or services purchased from Duskpawi, except where applicable law requires otherwise.
To the extent permitted by law, Shopify and its applicable affiliates are released from claims or liabilities arising solely from the commercial transaction between you and Duskpawi.
SECTION 10 — PERSONAL DATA & PRIVACY
Personal information obtained through Duskpawi is handled according to our Privacy Policy.
Because portions of our ecommerce Services are hosted, supported, or facilitated by Shopify, Shopify may process certain personal data relating to your access to and interaction with the Services.
By using Duskpawi, you acknowledge that relevant privacy disclosures have been made available for your review.
Information submitted through the Services may also be transferred to, stored by, or processed by Shopify and other authorized service providers.
Some of those service providers may operate in countries or jurisdictions other than the country in which you reside.
Such processing may occur when reasonably necessary to operate the store, process orders, provide customer service, or otherwise deliver the Services.
Please refer to our Privacy Policy for further details regarding the collection, use, sharing, transfer, storage, and protection of personal information.
SECTION 11 — REVIEWS, FEEDBACK & USER SUBMISSIONS
If you voluntarily send or submit to Duskpawi any comments, photographs, reviews, suggestions, plans, ideas, concepts, proposals, recommendations, messages, or similar materials, such submissions are collectively referred to in this section as “Feedback.”
By providing Feedback, you grant Duskpawi a worldwide, perpetual, royalty-free, transferable, and sublicensable right to use the submitted material.
This authorization may include the right to:
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Copy or reproduce the Feedback
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Edit or adapt it
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Publish it
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Display it
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Distribute it
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Incorporate it into marketing activities
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Use it for commercial or promotional purposes
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Analyze it for the operation or improvement of our Services
When submitting Feedback, you represent that:
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You own the submitted material or otherwise have sufficient rights to provide it.
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Any payment, compensation, free product, incentive, or other consideration connected with the submission has been appropriately disclosed where required.
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Your Feedback complies with applicable law and these Terms.
Unless applicable law requires otherwise, Duskpawi has no obligation to:
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Treat Feedback as confidential
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Provide compensation for submitted Feedback
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Respond individually to Feedback
We may moderate, edit, limit, refuse to publish, disable, or remove user-generated content that we reasonably consider illegal, threatening, misleading, defamatory, abusive, obscene, infringing, or otherwise inappropriate.
Submitted Feedback must not infringe or violate the rights of another person, including rights relating to:
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Copyright
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Trademarks
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Privacy
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Publicity
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Personality rights
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Other proprietary interests
You must not submit unlawful, obscene, abusive, defamatory, harmful, or malicious content.
You also must not submit viruses, malware, scripts, code, or other technical material designed to damage or interfere with the Services.
You may not impersonate another person, use deceptive contact information, or falsely represent the source or authorship of any submission.
You remain responsible for the legality, accuracy, and content of the Feedback you submit.
Except where applicable law provides otherwise, Duskpawi is not responsible for content supplied by unrelated users or independent third parties.
SECTION 12 — MISTAKES, OMISSIONS & INFORMATION UPDATES
Information made available through Duskpawi may occasionally include outdated material, typographical errors, omissions, or other inaccuracies.
Such matters may relate to information including:
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Product descriptions
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Pricing
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Promotional campaigns
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Discounts
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Special offers
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Delivery charges
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Shipping estimates
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Inventory
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Product availability
Duskpawi may correct errors, revise information, update content, or cancel an affected transaction where reasonably necessary and permitted by law.
Corrections or updates may occur without advance notice and may, where legally allowed, occur after an order has been placed.
Nothing in this section is intended to override mandatory consumer rights that apply under applicable law.
SECTION 13 — UNACCEPTABLE & PROHIBITED USE
You may use Duskpawi only for lawful purposes.
You must not use, or attempt to use, any part of the Services:
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In connection with criminal, fraudulent, illegal, or malicious activity
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In violation of applicable international, federal, state, provincial, regional, or local laws
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To infringe intellectual property or other rights belonging to Duskpawi or another person
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To threaten, harass, intimidate, defame, abuse, or harm another individual or organization
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To submit fraudulent, deceptive, false, or misleading information
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To distribute content prohibited under these Terms
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To send unauthorized marketing, spam, chain communications, or similar solicitations
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To impersonate another person, company, organization, or entity
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To interfere with another person's lawful use of the Services
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In any manner that creates unreasonable legal, operational, security, or financial risk for Duskpawi, Shopify, our users, or other third parties
You additionally agree that you will not:
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Upload malware, viruses, harmful scripts, or destructive code
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Reproduce, resell, duplicate, or commercially exploit unauthorized portions of the Services
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Collect, harvest, track, or monitor personal information about another person without lawful authority
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Conduct unauthorized scraping, crawling, spidering, phishing, pharming, pretexting, or comparable activities
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Avoid, disable, circumvent, damage, or interfere with security mechanisms associated with the Services or connected systems
If Duskpawi reasonably determines that these Terms have been breached, we may, subject to applicable law, restrict, suspend, disable, or terminate the relevant user's access.
SECTION 14 — TERMINATION & SUSPENSION
To the extent permitted by applicable law, Duskpawi may terminate these Terms or suspend, discontinue, or restrict your access to part or all of the Services.
Ending your access to the Services does not cancel any payment obligation, liability, or other responsibility that arose before termination became effective.
Certain provisions are intended to continue operating even after your use of the Services ends.
Depending on their nature, surviving provisions may include those relating to:
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Ownership and intellectual property
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User Feedback
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Termination rights
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Warranty exclusions
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Limitations of liability
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Indemnification obligations
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Severability
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Waiver
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Entire agreement
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Assignment
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Governing law
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Privacy
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Other obligations that by their nature are intended to remain effective
SECTION 15 — WARRANTIES & DISCLAIMERS
General content presented through Duskpawi is provided primarily for informational and ecommerce purposes.
Although we make reasonable efforts to maintain reliable information, we do not represent that every statement, description, or item of information available through the Services will always be complete, accurate, current, or suitable for every particular purpose.
Your reliance on general information made available through the Services is therefore at your own discretion.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, EXCEPT WHERE DUSKPAWI EXPRESSLY PROVIDES OTHERWISE, THE SERVICES AND PRODUCTS OFFERED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE EXTENT LEGALLY PERMITTED, DUSKPAWI DISCLAIMS EXPRESS AND IMPLIED WARRANTIES, REPRESENTATIONS, AND CONDITIONS, INCLUDING THOSE RELATING TO:
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MERCHANTABILITY OR MERCHANTABLE QUALITY
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SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE
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DURABILITY
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TITLE
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NON-INFRINGEMENT
WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL AT ALL TIMES OPERATE WITHOUT INTERRUPTION, DELAY, ERROR, OR SECURITY ISSUES.
Some jurisdictions restrict or prohibit the exclusion of certain warranties.
Where such laws apply, the exclusions in this section will operate only to the extent permitted by applicable law.
SECTION 16 — LIABILITY LIMITATIONS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUSKPAWI, ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS, TOGETHER WITH SHOPIFY AND ITS APPLICABLE AFFILIATES, WILL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY LAWFULLY BE EXCLUDED OR LIMITED.
DEPENDING ON THE CIRCUMSTANCES AND APPLICABLE LAW, THIS MAY INCLUDE DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RELATING TO:
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YOUR ACCESS TO OR USE OF THE SERVICES
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YOUR INABILITY TO ACCESS OR USE THE SERVICES
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PRODUCTS PURCHASED THROUGH DUSKPAWI
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LOSS OF PROFITS
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LOSS OF REVENUE
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LOSS OF SAVINGS
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LOSS OR CORRUPTION OF DATA
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REPLACEMENT COSTS
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ERRORS, OMISSIONS, OR INACCURATE CONTENT
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LOSS OR DAMAGE ASSOCIATED WITH INFORMATION, PRODUCTS, CONTENT, OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE
THESE LIMITATIONS MAY APPLY REGARDLESS OF WHETHER A CLAIM IS ASSERTED UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANOTHER LEGAL THEORY, INCLUDING WHERE THE POSSIBILITY OF SUCH DAMAGE WAS PREVIOUSLY KNOWN OR COMMUNICATED.
Nothing in these Terms excludes or limits any liability that applicable law does not permit to be excluded or limited.
SECTION 17 — INDEMNIFICATION OBLIGATIONS
To the extent allowed by law, you agree to indemnify, defend, and hold harmless Duskpawi, Shopify, and their respective applicable:
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Affiliates
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Business partners
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Officers
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Directors
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Employees
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Representatives
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Agents
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Contractors
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Licensors
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Service providers
against third-party liabilities, claims, damages, losses, expenses, and reasonable legal costs resulting from or connected with:
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Your breach of these Terms or any policy incorporated into them.
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Your violation of applicable legislation or regulations.
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Your infringement or violation of another person's rights.
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Your unlawful or improper access to or use of the Services.
Where reasonably practical, we will provide notice if a claim arises that is subject to your indemnification obligations.
A delay in providing notice will not automatically eliminate your obligations unless that delay materially prejudices your ability to properly defend against the claim.
Where legally permitted, Duskpawi may control or participate in the defense and settlement of an indemnified matter at your expense, including the selection of legal counsel.
We will not enter into a settlement that imposes a non-financial obligation directly upon you without your agreement, and such agreement must not be unreasonably withheld.
You agree to provide reasonable cooperation in connection with the defense of a covered claim, including by supplying relevant information or documents when reasonably required.
SECTION 18 — SEVERABILITY
If any provision or portion of these Terms is found by a court, arbitrator, or other authority with proper jurisdiction to be unlawful, invalid, or unenforceable, that provision will be applied to the maximum extent permitted by law.
Any portion that cannot legally be enforced will be treated as severed from these Terms.
The invalidity or unenforceability of one provision will not affect the enforceability of the remaining Terms, which will continue in full force and effect.
SECTION 19 — WAIVER & ENTIRE AGREEMENT
If Duskpawi does not immediately exercise or enforce a right, remedy, or provision contained in these Terms, that decision does not mean that the relevant right has been permanently waived.
These Terms, together with applicable store policies, notices, guidelines, and operating rules published through the Services, form the agreement governing your use of Duskpawi.
They supersede prior and contemporaneous understandings, representations, communications, agreements, or proposals concerning the same subject matter, whether written or verbal.
No ambiguity in these Terms will automatically be interpreted against Duskpawi merely because Duskpawi participated in drafting or preparing the document.
SECTION 20 — TRANSFER & ASSIGNMENT
You may not assign, transfer, delegate, sublicense, or otherwise dispose of your rights or obligations under these Terms without obtaining prior written approval from Duskpawi.
Any unauthorized attempt to do so may be invalid.
Subject to applicable law, Duskpawi may assign, transfer, or delegate any of its rights or responsibilities under these Terms without obtaining your prior consent or providing advance notice.
SECTION 21 — APPLICABLE LAW & DISPUTE RESOLUTION
These Terms and any separate agreement under which Duskpawi provides Services will be interpreted in accordance with and governed by the laws of the State of California, United States, without giving effect to conflict-of-law rules that would require the application of another jurisdiction's laws.
Except where applicable law provides otherwise, any claim, controversy, disagreement, or dispute arising from or connected with these Terms—including matters concerning their negotiation, formation, existence, validity, interpretation, performance, breach, enforcement, or termination—must be resolved by binding arbitration rather than litigation in court.
Arbitration must be conducted on an individual basis.
To the maximum extent legally enforceable, claims may not be pursued through:
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Class actions
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Collective proceedings
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Consolidated actions
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Representative claims
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Class-wide arbitration
To the extent legally valid, you waive any right to participate in a class-action lawsuit or class-wide arbitration.
Unless Duskpawi and the applicable claimant mutually agree to a different arrangement, arbitration will take place in California and will proceed under the arbitration rules applicable to the relevant dispute.
Nothing in this section is intended to waive or restrict consumer protections or other rights that cannot legally be waived under applicable law.
SECTION 22 — HEADINGS
Section titles and headings are included throughout these Terms solely for convenience and organization.
They are not intended to modify, enlarge, narrow, limit, or otherwise control the legal interpretation of the provisions that follow them.
SECTION 23 — MODIFICATIONS TO THESE TERMS
The most current version of Duskpawi's Terms of Service will be published on this page.
Duskpawi may modify, amend, replace, or update some or all of these Terms by posting a revised version through the website.
You should review these Terms periodically to remain informed of changes.
Where applicable law requires advance or specific notice of a material amendment, Duskpawi will provide the notice required by law and the revised provision will become effective on the date specified.
To the extent permitted by applicable law, your continued access to or use of the Services after updated Terms become effective signifies your acceptance of those revisions.
SECTION 24 — CONTACT DUSKPAWI
Questions regarding these Terms of Service may be submitted to Duskpawi using the contact information provided below.
Email:
support@duskello.com
Phone:
+1 (725) 330-4587
Company:
NovoVita (Hong Kong) Limited
Business Address:
6/F, LUK KWOK CENTRE
72 GLOUCESTER ROAD
WAN CHAI
HONG KONG