Terms of service
TERMS OF SERVICE
OVERVIEW
This website and online store are operated by ENK Commerce LLC, doing business as E&K ("E&K," "we," "us," or "our").
E&K 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 (collectively, the "Services").
Our store is powered by Shopify, which provides the ecommerce platform that enables us to offer the Services to you.
These Terms of Service ("Terms") describe your rights and responsibilities when you access, browse, purchase from, or otherwise use the Services.
Please read these Terms carefully. By accessing or using the Services, you agree to be bound by these Terms and our applicable store policies, including our Privacy Policy and Return & Refund Policy, which are available through the policy links in our store footer and checkout.
If you do not agree to these Terms, you should not use the Services.
SECTION 1 - ELIGIBILITY, ACCESS, AND ACCOUNTS
By using the Services, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you are using the Services with the permission and supervision required by applicable law.
You may be required to provide information such as your name, email address, billing information, payment information, shipping address, and other information necessary to complete a transaction.
You agree that all information you provide is accurate, current, and complete.
If you create or use a customer account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.
You may not use another person's account without authorization or transfer, sell, assign, or license your account to another person.
SECTION 2 - PRODUCTS AND PRODUCT INFORMATION
We make reasonable efforts to accurately describe and display the products offered through our store.
Product colors, appearance, dimensions, packaging, labeling, or other characteristics may appear differently depending on your device, screen, manufacturing variation, supplier updates, or other factors.
Product descriptions, availability, specifications, prices, images, and other information may be updated or corrected when necessary.
We reserve the right to discontinue products, correct errors, update product information, or limit quantities where reasonably necessary.
Some products sold by E&K may be sourced, fulfilled, or shipped by third-party suppliers or fulfillment partners.
Before offering products for sale, we may review supplier, fulfillment, compliance, product, pricing, shipping, or other information. However, no product information should be interpreted as a guarantee beyond any rights or warranties that cannot lawfully be excluded.
SECTION 3 - ORDERS AND ORDER ACCEPTANCE
Submitting an order is an offer to purchase products from E&K.
Receipt of an order confirmation does not necessarily mean that we have finally accepted your order.
We reserve the right to accept, reject, limit, or cancel an order when reasonably necessary, including because of:
payment authorization issues;
suspected fraud or unauthorized transactions;
product availability;
supplier or fulfillment issues;
pricing or listing errors;
shipping restrictions;
legal or regulatory restrictions; or
other circumstances that prevent us from completing the order.
If we cancel an order after payment has been collected, we will issue an applicable refund to the original payment method.
Please review your order carefully before submitting it.
If you need to request a cancellation, contact us as soon as possible. We will make reasonable efforts to accommodate cancellation requests, but cancellation cannot be guaranteed after processing or fulfillment has begun.
Returns and refunds are governed by our Return & Refund Policy, available through the policy links in our store footer and checkout.
SECTION 4 - PRICES, PAYMENTS, TAXES, AND FEES
Prices, discounts, promotions, and availability may change without notice.
The price charged will be the price displayed and accepted during checkout, subject to correction of obvious errors as permitted by applicable law.
Applicable shipping charges, taxes, and other charges collected by E&K will be displayed during checkout when required.
Some products may be fulfilled from locations outside the customer's state or country. When applicable, products may be subject to customs processing, import restrictions, duties, taxes, or other government charges.
Where such charges are not collected by us at checkout and may become the customer's responsibility, we will provide disclosures as required by applicable law.
You agree to provide accurate and current payment and billing information.
By submitting payment information, you represent that you are authorized to use the selected payment method.
Payment processing may be performed by Shopify or other third-party payment service providers subject to their applicable terms and policies.
SECTION 5 - SHIPPING, FULFILLMENT, AND DELIVERY
E&K may use third-party suppliers, fulfillment partners, logistics providers, and shipping carriers to fulfill and deliver orders.
As a result, some products may ship from locations different from E&K's business address, including third-party fulfillment facilities or international fulfillment locations.
Available shipping options and any applicable shipping charges are displayed during checkout.
Any delivery timeframe displayed or communicated to you is an estimate unless expressly stated otherwise.
Actual delivery times may vary because of supplier processing, carrier operations, customs clearance, weather, destination, address issues, inventory conditions, transportation disruptions, or other circumstances.
We will make reasonable efforts to process and ship orders within the timeframe communicated at the time of purchase.
If we become unable to ship an order within the stated timeframe, or within the period required by applicable law when no shipping timeframe was stated, we will provide applicable notice and options regarding the delay, cancellation, or refund.
Tracking information will be provided when it becomes available from the fulfillment partner or carrier.
Customers are responsible for providing a complete and accurate shipping address.
If you need to request an address correction, contact us promptly. Address changes cannot be guaranteed after fulfillment has begun.
Responsibility for loss or damage during shipment and any transfer of risk will be determined in accordance with applicable law. Nothing in these Terms eliminates rights that cannot legally be waived.
SECTION 6 - RETURNS, REFUNDS, AND EXCHANGES
Returns, refunds, damaged items, incorrect items, cancellations, and exchanges are governed by our Return & Refund Policy.
Our current standard return-request period is 30 days after receipt of the item, subject to the conditions and exceptions stated in that policy.
Because products may be fulfilled by different third-party suppliers or fulfillment partners, the authorized return destination may vary by order and product.
Do not return a product to:
E&K's public business address;
the original shipping address;
a supplier address;
a fulfillment center; or
any other location
unless E&K has specifically authorized that destination for your return.
If a return is approved, we will provide the appropriate return instructions and authorized return destination for that order and, when applicable, information regarding a return shipping label.
Unauthorized returns may not be accepted.
SECTION 7 - INTELLECTUAL PROPERTY
The Services and their content, including text, graphics, logos, designs, layout, photographs, video, audio, software, and other materials, may be owned by E&K, ENK Commerce LLC, Shopify, suppliers, licensors, or other applicable rights holders.
Such content may be protected by copyright, trademark, trade dress, patent, and other intellectual property laws.
You may use the Services only for lawful personal and non-commercial purposes unless we provide written permission otherwise.
You may not reproduce, distribute, modify, republish, sell, license, publicly display, scrape, or exploit protected material from the Services in violation of applicable intellectual property rights.
The E&K name, branding, designs, and associated marks may not be used in a manner that falsely suggests sponsorship, endorsement, affiliation, or authorization.
Shopify and other third-party names and marks remain the property of their respective owners.
SECTION 8 - THIRD-PARTY SERVICES AND OPTIONAL TOOLS
The Services may include or rely on technology, tools, applications, fulfillment services, payment processors, carriers, analytics services, customer-service tools, or other services provided by third parties.
We may not control every aspect of third-party services.
Your use of a third-party service may also be subject to that provider's terms and policies.
To the fullest extent permitted by applicable law, E&K is not responsible for third-party services beyond obligations that legally remain our responsibility as the seller.
We may add, change, or discontinue optional features or integrations from time to time.
SECTION 9 - THIRD-PARTY LINKS
The Services may contain links to websites or services operated by third parties.
We do not control third-party websites and are not responsible for their content, availability, privacy practices, security, products, or services.
A link to a third-party website does not necessarily mean that E&K endorses or guarantees that third party.
You should review the terms and privacy policies of third-party websites before using them or completing transactions with them.
SECTION 10 - RELATIONSHIP WITH SHOPIFY
E&K's online store is powered by Shopify.
Products offered through this store are sold by ENK Commerce LLC, doing business as E&K, and not by Shopify.
E&K is responsible for its products, customer orders, fulfillment, customer service, returns, refunds, and other obligations arising from sales made through the E&K store.
Shopify provides ecommerce technology and related services but is not the seller of E&K products.
SECTION 11 - PRIVACY
Our collection, use, processing, and disclosure of personal information are governed by our Privacy Policy, which is available through the Privacy Policy link in our store footer and checkout.
Because our store is hosted by Shopify, Shopify also processes certain information in connection with providing and improving its services.
Additional service providers may process information when necessary to provide payment processing, fulfillment, shipping, fraud prevention, analytics, customer support, communications, or other store functions.
Please review our Privacy Policy for more information.
SECTION 12 - FEEDBACK AND REVIEWS
If you voluntarily submit a review, suggestion, idea, feedback, photograph, comment, or other content to E&K ("Feedback"), you represent that you have the rights necessary to submit that Feedback.
You grant E&K a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, adapt, and publish Feedback for lawful business purposes, including operating, improving, and promoting the Services, subject to applicable law.
You may not submit content that infringes another person's intellectual property, privacy, publicity, or other legal rights.
You may not knowingly submit false, misleading, unlawful, defamatory, abusive, obscene, malicious, or fraudulent content.
We may moderate or remove content when reasonably necessary.
SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain typographical errors, incorrect prices, inaccurate descriptions, outdated availability information, incorrect shipping information, or other errors.
We reserve the right to correct errors and update information.
Where legally permitted, we may cancel or modify an affected order if material information was incorrect.
If we cancel an order after collecting payment, we will issue an applicable refund.
Nothing in this section limits any consumer right that cannot legally be waived.
SECTION 14 - PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to:
violate applicable law or regulation;
commit fraud or impersonate another person;
infringe intellectual property or privacy rights;
harass, threaten, abuse, or harm another person;
transmit malware, malicious code, or harmful material;
interfere with the security or operation of the Services;
attempt unauthorized access to accounts, systems, or data;
collect personal information unlawfully;
send unauthorized spam or deceptive communications;
circumvent access controls, fraud controls, security measures, or technical protections; or
use the Services for any other unlawful or malicious purpose.
We may restrict or terminate access to the Services when reasonably necessary to protect customers, E&K, Shopify, service providers, or other parties.
SECTION 15 - AUTOMATED ACCESS AND AGENTS
Automated systems, bots, agents, crawlers, or similar tools may not access or interact with the Services in a manner that:
circumvents security measures;
defeats CAPTCHAs or anti-bot controls;
misrepresents automated activity as human activity;
creates unreasonable load on the Services;
scrapes protected or personal information without authorization; or
otherwise violates applicable law or these Terms.
Nothing in this section prohibits legitimate accessibility technology, search-engine indexing authorized by the Services, or automated access expressly authorized by E&K or applicable platform functionality.
SECTION 16 - TERMINATION OR SUSPENSION
We may suspend or terminate access to the Services when reasonably necessary because of fraud, unlawful activity, security concerns, material violation of these Terms, abuse of the Services, or other legitimate business or legal reasons.
Termination does not eliminate payment obligations or rights that arose before termination.
Provisions that by their nature should survive termination will continue to apply, including provisions related to intellectual property, privacy, liability, dispute resolution, and amounts owed.
SECTION 17 - DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS EXCEPT TO THE EXTENT WE EXPRESSLY PROVIDE OTHERWISE.
WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL ALWAYS BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
PRODUCTS MAY ALSO BE SUBJECT TO WARRANTIES OR RIGHTS PROVIDED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED.
NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR MODIFIES ANY WARRANTY, GUARANTEE, CONDITION, REMEDY, OR OTHER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED, OR MODIFIED.
SECTION 18 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENK COMMERCE LLC, DOING BUSINESS AS E&K, AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE SERVICES WHERE SUCH DAMAGES MAY LAWFULLY BE LIMITED.
THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED, INCLUDING RIGHTS OR REMEDIES PROVIDED BY MANDATORY CONSUMER-PROTECTION LAW.
Nothing in these Terms limits our obligation to provide refunds, remedies, or other relief when required by applicable law.
SECTION 19 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to be responsible for losses, liabilities, or claims resulting from your unlawful misuse of the Services, your material breach of these Terms, or your violation of another person's rights.
This section does not require a consumer to indemnify E&K for E&K's own unlawful conduct, negligence where such liability cannot be waived, or other liability that cannot legally be transferred to the consumer.
SECTION 20 - SEVERABILITY
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the extent necessary.
The remaining provisions will continue in effect.
SECTION 21 - WAIVER AND ENTIRE AGREEMENT
Failure to enforce a provision of these Terms does not constitute a permanent waiver of that provision.
These Terms, together with our Privacy Policy, Return & Refund Policy, Shipping Policy, and other policies expressly incorporated into these Terms, constitute the agreement governing your use of the Services, subject to applicable law.
Nothing in these Terms overrides rights that applicable law does not permit a consumer to waive.
SECTION 22 - ASSIGNMENT
You may not transfer your rights or obligations under these Terms in a manner that violates applicable law or materially affects our rights without our consent.
E&K may transfer or assign its rights and obligations in connection with a merger, acquisition, sale, reorganization, financing, or transfer of the business, subject to applicable law.
SECTION 23 - GOVERNING LAW
These Terms and your use of the Services are governed by the laws of the State of Nevada and applicable federal law, without regard to conflict-of-law principles, except to the extent mandatory law in your jurisdiction provides otherwise.
Subject to any consumer rights regarding venue or jurisdiction that cannot lawfully be waived, disputes relating to these Terms or the Services may be brought in courts of competent jurisdiction located in Clark County, Nevada.
Nothing in this section deprives a consumer of mandatory protections provided by applicable law.
SECTION 24 - CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our Services, business practices, technology, legal requirements, or other operational needs.
The current version will be posted on this page.
When required by applicable law, we will provide notice of material changes.
Changes will apply prospectively from the effective date stated or otherwise permitted by law.
SECTION 25 - CONTACT INFORMATION
Questions, complaints, claims, or other inquiries regarding these Terms or the Services may be directed to:
ENK Commerce LLC
Doing business as E&K
8350 W Sahara Ave, Ste 160
Las Vegas, NV 89117
United States
Email: kjbuh1300@gmail.com
Phone: +1 (702) 415-0561