Terms of Service

Xihrbn Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Xihrbn’s website (Xihrbn.shop, the “Site”) and any related services (collectively, the “Services”), as well as your purchases of products through the Site. By accessing the Site, using the Services, or placing an order, you agree to be bound by these Terms. Please note the Site is hosted on Shopify’s e-commerce platform.

1. Basic Rules for Using the Site

To use the Site and Services lawfully, you must comply with the following:

  • Age Requirement: You must be of the age of majority in your state/province (typically 18 years old) to use the Services independently. If you are a minor, you may only use the Site with the consent and supervision of a parent or legal guardian.
  • Lawful Use: Do not use the Site, Services, or purchased products for illegal purposes, violate local, state, national, or international laws, or transmit harmful content (e.g., viruses, worms, malware) that could damage the Site or other users’ devices.
  • Termination for Breach: If you violate any of these Terms, we reserve the right to immediately terminate your access to the Site and Services without prior notice.

2. General Conditions

  • Right to Refuse Service: We may refuse service, terminate accounts, or cancel orders for any reason, at any time, in our sole discretion.
  • Data Transmission Security: Non-credit card content (e.g., order notes, email communications) may be transmitted unencrypted. However, credit card information is always encrypted during transmission to protect your financial data.
  • Intellectual Property: The Site’s content (e.g., text, images, logos, product designs) is our intellectual property or that of our licensors. You may not reproduce, sell, distribute, modify, or exploit any part of the Site or Services without our explicit written permission.
  • Section Headings: Headings in these Terms are for organizational convenience only and do not alter the meaning or enforceability of the provisions they introduce.

3. Information Accuracy

  • We strive to keep Site information (e.g., product descriptions, pricing, shipping details) accurate, but we do not guarantee it is error-free, complete, or up-to-date.
  • Site material is provided for general reference only. You rely on this information at your own risk.
  • Historical information (e.g., past promotions, discontinued products) is for reference only and not current. We may modify Site content at any time but have no obligation to update outdated information unless required by law.

4. Service & Price Changes

  • Product Pricing: Product prices may change without prior notice. We are not liable for price differences between the time you view a product and the time you place an order.
  • Service Modifications: We may modify, suspend, or discontinue the Site or Services (or any part thereof) at any time, without notice. This includes removing features, discontinuing product lines, or updating functionality.
  • No Liability for Changes: We are not liable to you or any third party for any losses resulting from changes to, suspensions of, or discontinuations of the Site or Services.

5. Products & Services

  • Exclusive Online Products: Some products or services are available only through the Site and are subject to our [Return & Refund Policy](link if available).
  • Color Accuracy: We make every effort to display product colors accurately, but we cannot guarantee your device’s screen (e.g., phone, laptop) will match the actual color of the item.
  • Sales Restrictions: We may limit product sales by quantity (e.g., “1 per customer”), region (e.g., restricted shipping to certain locations), or to prevent reselling. We may also discontinue products at any time.
  • No Warranties for Expectations: We do not warrant that products or services will meet your specific expectations, or that Site errors (e.g., broken links, pricing mistakes) will be corrected.

6. Billing & Account Information

  • Order Discretion: We may refuse, limit, or cancel orders at our discretion (e.g., suspected fraudulent orders, orders from resellers, or orders with incorrect pricing). We will attempt to notify you if we take such action.
  • Accurate Account Info: You must provide current, complete, and accurate information for your account and purchases (e.g., email address, shipping address, credit card details). Update this information promptly if it changes to avoid transaction delays or errors.
  • Returns Reference: For details on returns, refunds, or exchanges, refer to our [Return & Refund Policy](link if available).

7. Optional Third-Party Tools

  • We may provide access to third-party tools (e.g., payment processors, shipping trackers, analytics tools) through the Site. We have no control over these tools and do not endorse or warrant their performance.
  • Third-party tools are provided “as is” with no guarantees from us. We are not liable for any issues, damages, or losses resulting from your use of third-party tools.
  • Use at Your Own Risk: Before using any third-party tool, review the third party’s terms of service and privacy policy. Any new features or services (now or in the future) that involve third-party tools will also be subject to these Terms.

8. Third-Party Links

  • The Site may include links to third-party websites, content, or services (e.g., social media platforms, partner stores). These links do not constitute our endorsement of the third party’s content, products, or practices.
  • We are not liable for the accuracy, legality, or safety of third-party sites or their content. If you have complaints about a third-party product or service, direct them to the third party directly.

9. User Comments & Submissions

  • No Obligation for Submissions: Any comments, ideas, feedback, or materials you send us (e.g., contest entries, product suggestions, reviews) become our property. We may use, edit, distribute, or modify these submissions at any time, with no obligation to keep them confidential, compensate you, or respond to you.
  • Content Moderation: We may (but are not required to) remove comments or submissions that are unlawful, offensive, defamatory, violate intellectual property rights, or breach these Terms.
  • Your Responsibility: You are solely liable for the content of your comments. Ensure your submissions do not infringe third-party rights (e.g., copyrights, trademarks), contain harmful or misleading information, or violate laws.

10. Personal Information

  • Our collection, use, and disclosure of your personal information (e.g., name, email, shipping address) are governed by our [Privacy Policy](link if available). By using the Site or Services, you consent to the practices outlined in that Policy.

11. Errors & Omissions

  • The Site may contain typographical errors, inaccuracies, or omissions (e.g., incorrect pricing, shipping times, product details). We may correct these errors at any time, without notice—even after you submit an order.
  • If an error affects your order (e.g., an incorrect low price), we may cancel the order and notify you. We have no obligation to fulfill orders placed based on erroneous information unless required by law.

12. Prohibited Uses

You may not use the Site or Services for any of the following:

  • Engaging in unlawful acts or violating applicable laws;
  • Harassing, threatening, or defaming other users or our staff;
  • Infringing intellectual property rights (e.g., copying content, using trademarks without permission);
  • Submitting false or misleading information (e.g., fake shipping addresses, fraudulent payment details);
  • Uploading or transmitting malware, viruses, or other harmful content;
  • Collecting other users’ personal data without consent (e.g., phishing);
  • Sending spam or unsolicited communications;
  • Circumventing security features (e.g., hacking, using bots to scrape content).

We may terminate your access to the Site and Services immediately if you engage in any prohibited use.

13. Warranties & Liability Limitation

  • “As Is” Provision: The Site and Services are provided “as is” and “as available,” with no warranties of any kind—express or implied. We do not warrant that the Site will be uninterrupted, error-free, secure, or compatible with your device.
  • Liability Cap: We are not liable for direct, indirect, incidental, consequential, or punitive damages (e.g., lost profits, data loss, emotional distress) resulting from your use of the Site or Services, even if we have been advised of the possibility of such damages.
  • Legal Limitation: Our liability is limited to the maximum extent permitted by law in your jurisdiction. Some regions do not allow the exclusion of implied warranties, so this provision may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless Xihrbn, its affiliates, employees, contractors, and licensors from and against any claims, losses, damages, fees (including reasonable attorneys’ fees), or demands made by third parties. This includes claims arising from:

  • Your breach of these Terms;
  • Your use (or misuse) of the Site or Services;
  • Your violation of laws or third-party rights (e.g., intellectual property, privacy).

15. Severability

If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.

16. Termination

  • Survival of Obligations: Any obligations or liabilities incurred before termination (e.g., unpaid orders, indemnification) will survive the termination of these Terms.
  • Your Termination: You may terminate these Terms at any time by discontinuing use of the Site and Services.
  • Our Termination: We may terminate your access to the Site and Services at any time, with or without notice, if you breach these Terms. After termination, you remain liable for any unpaid amounts owed to us.

17. Entire Agreement

These Terms, together with our Privacy Policy and Return & Refund Policy, constitute the entire agreement between you and Xihrbn regarding the Site and Services. They supersede all prior or contemporaneous agreements, communications, or understandings (written or oral).

  • Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right.
  • Ambiguities in these Terms will not be interpreted against us (the drafter of the Terms).

18. Governing Law

These Terms are governed by and construed in accordance with the laws of Australia, without regard to its conflict of laws principles. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of Australia.

19. Updates to Terms

The latest version of these Terms is posted on this page. We may update these Terms at any time, in our sole discretion. When we do, we will revise the “Last Updated” date at the top of the page.

  • Your continued use of the Site or Services after the updated Terms are posted means you accept and agree to the new terms. We encourage you to review these Terms periodically for changes.