Terms of service

OVERVIEW

Welcome to Awsum Thrift! This store is operated by Awsum Auctionz LLC, doing business as Awsum Thrift. The terms “we,” “us,” and “our” refer to Awsum Auctionz LLC, doing business as Awsum Thrift.

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”). Awsum Thrift is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, 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, as they include important information about your legal rights, 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 to these Terms or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and 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 store or purchasing products, you may be asked to provide information such as your email address, billing, payment, and shipping information. You represent and warrant that the 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 account activity. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

Awsum Thrift sells new, pre-owned, and vintage items. Pre-owned and vintage items may show signs of age, use, or wear. Please review each item’s description, photos, condition details, and any available measurements before purchasing.

We make reasonable efforts to represent our products accurately. Colors or appearance may vary depending on your device, display settings, and lighting. These variations do not excuse a significant discrepancy between an item and its listing description.

Unless expressly stated in an item’s listing, we do not guarantee an item’s prior ownership, storage history, or a smoke-free, pet-free, or odor-free environment.

Product descriptions may be updated at any time. Changes made after a purchase do not remove any rights relating to the description provided when the order was placed. We reserve the right to discontinue products and limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

Many of our items are unique, and an identical replacement may not be available.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline an order, subject to applicable law. Your order is not accepted until we confirm acceptance. We must receive and process your payment before accepting your order.

Please review your order carefully before submitting it. Customer-requested cancellations are not accepted under our Return and Refund Policy, except where applicable law requires otherwise.

If we decline or cancel an order for which payment has been collected, we will refund the applicable payment. If we need to make a material change to an order, we will contact you using the email address, billing address, or phone number provided at checkout.

All sales are final for change-of-mind purchases. Issues involving damage on arrival, incorrect items, or significant listing discrepancies are reviewed under our Return and Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price charged will be the price in effect when the order is placed, as shown in your order confirmation, subject to correction of errors as described in these Terms and applicable law.

Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices in our online store may differ from prices in physical stores or other online stores operated by us or third parties.

We may offer promotions governed by separate terms. If those terms conflict with these Terms, the promotion terms govern the promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information and to update it as needed so we can complete transactions and contact you.

You represent and warrant that the payment information you provide is accurate, that you are authorized to use the payment method, and that you will pay the applicable product prices, shipping charges, and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times are estimates and are not guaranteed. Carrier delays, customs processing, weather, holidays, and other events outside our control may affect delivery.

Please provide a complete and accurate shipping address. If you notice an address error, contact awsumthrift@gmail.com immediately. Address changes are not guaranteed, especially after an order has been processed or shipped.

If a shipment is missing or arrives damaged, contact awsumthrift@gmail.com with your order number so we can investigate and arrange an appropriate resolution under our Shipping Policy and Return and Refund Policy.

For damaged shipments, keep the item and all packaging and provide clear photos when requested. Do not return an item until we provide instructions.

Any carrier or insurance coverage is subject to its applicable terms and claim requirements. We do not guarantee that every shipment or loss is covered by insurance.

Nothing in this section limits rights or remedies available under applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and their design, selection, and arrangement, are owned by us, our affiliates, or licensors, except for third-party materials belonging to their respective owners, and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except as permitted by applicable law.

Nothing in these Terms grants a license or other rights under any patent, trademark, copyright, or other intellectual property belonging to us, Shopify, or a third party.

Awsum Thrift’s names, logos, product and service names, designs, and slogans may not be used without our prior written permission. Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify. Other names, logos, and trademarks belong to their respective owners.

The sale or display of a third-party branded item does not, by itself, indicate that Awsum Thrift is affiliated with or endorsed by that brand.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to tools offered by third parties that we neither monitor nor control.

You acknowledge that access to these tools is provided “as is” and “as available,” without endorsement or warranties from us, to the extent permitted by law.

Your use of optional third-party tools is at your own discretion. Please review the relevant provider’s terms before using them.

Any new features, tools, or resources offered through the Services are also subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials or links to websites operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating third-party content or websites. Accessing them is at your own discretion.

To the extent permitted by law, we are not liable for harm arising from your use of third-party websites or purchases from them. Review their policies and practices before engaging in a transaction.

Questions, complaints, or claims about third-party products or services purchased from a third party should be directed to that provider.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Awsum Thrift 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 Awsum Thrift. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Awsum Thrift, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Awsum Thrift.

SECTION 10 - PRIVACY POLICY

Personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy, available at https://www.shopify.com/legal/privacy/app-users.

Because Shopify hosts the Services, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them.

Information submitted through the Services may be transmitted to and shared with Shopify and service providers located in countries other than your country of residence. Please review our Privacy Policy for details about how we, Shopify, and our partners use personal information.

SECTION 11 - FEEDBACK

If you submit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium, including for commercial purposes.

We may use Feedback to operate, evaluate, improve, and promote the Services and perform our obligations under these Terms.

You represent and warrant that you own or have the necessary rights to your Feedback, have disclosed any compensation or incentives received for it, and that it complies with these Terms.

We are not obligated to keep Feedback confidential, pay compensation for it, or respond to it.

We may monitor, edit, or remove Feedback that we reasonably determine is unlawful, threatening, defamatory, obscene, otherwise objectionable, or violates intellectual property rights or these Terms.

Your Feedback must not violate another person’s rights, contain unlawful or abusive material, or include malware. You may not use a false email address, impersonate someone else, or mislead us about the origin of your Feedback.

You are responsible for your Feedback and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Information on the Services may occasionally contain errors, inaccuracies, or omissions relating to descriptions, pricing, promotions, shipping charges, transit times, or availability.

We reserve the right to correct these errors and update information. Where an error affects an existing order, we may contact you to resolve it or cancel the affected order and refund any payment collected, subject to applicable law.

This section does not remove rights relating to incorrect or significantly misdescribed items.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You must not use the Services to violate laws; infringe intellectual property or other rights; harass, abuse, threaten, or harm anyone; transmit false or misleading information; send spam; impersonate another person; or engage in conduct that harms us, Shopify, or other users.

You must not upload malware; unlawfully reproduce or exploit the Services; collect or track others’ personal information without authorization; engage in phishing or other deceptive activity; or interfere with security or authorization measures.

You must not use scraping, data extraction, automated tools, or agents to access the Services without authorization or contrary to the requirements in Section 14.

We may suspend or terminate access if you violate these Terms, subject to applicable law.

SECTION 14 - AGENTS

14.1 This section applies if you use, allow, enable, or cause an Agent to access or interact with the Services. “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of a person or entity without direct supervision.

14.2 An Agent may access the Services only if it identifies itself and complies with this section. It must stop accessing the Services if we request that it do so.

14.3 We may limit, including through technical measures, whether and how Agents access the Services.

14.4 Agents must identify themselves in HTTP/HTTPS requests by including “Agent/[agent name]” in their user agent string. Agents must not conceal their automated nature, mimic human behavior to evade detection, circumvent CAPTCHAs, misrepresent whether they are human, or bypass measures intended to control their access.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, subject to applicable law. You remain responsible for amounts lawfully due up to the termination date.

Provisions that by their nature should survive termination will continue to apply, including intellectual property, feedback, privacy, warranty disclaimers, limitations of liability, indemnification, severability, assignment, and governing law.

Termination does not remove rights relating to purchases already made.

SECTION 16 - DISCLAIMER OF WARRANTIES

Except as expressly stated by us or required by law, the Services and products are provided “as is” and “as available,” without warranties or conditions of any kind, express or implied.

To the extent permitted by law, this includes implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not permit certain warranty disclaimers, so these limitations may not apply to you. Nothing in this section overrides an express product description, our stated resolution policies, or rights that cannot lawfully be excluded.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, we and our partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors, and those of Shopify and its affiliates, will not be liable for indirect, incidental, punitive, special, or consequential damages arising from use of the Services or products purchased through them.

This includes lost profits, lost revenue, lost savings, loss of data, or similar damages, whether based in contract, tort, or otherwise.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, or removes rights and remedies available under applicable consumer protection law.

SECTION 18 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend, and hold harmless us, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, liabilities, damages, and reasonable legal fees arising from your breach of these Terms, violation of law, or infringement of another party’s rights.

We will notify you of an indemnifiable claim. Failure to notify promptly will not relieve your obligations unless it materially prejudices you.

We may control the defense and settlement of such a claim, but will not settle a claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You agree to reasonably cooperate in the defense.

SECTION 19 - SEVERABILITY

If a provision of these Terms is found unlawful, void, or unenforceable, it will be enforced to the extent permitted by law, and the unenforceable portion will be severed. The remaining provisions will continue in effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce a provision does not constitute a waiver of that provision.

These Terms and the policies referenced in them constitute the agreement governing your use of the Services and supersede prior agreements concerning that use, except where applicable law provides otherwise.

SECTION 21 - ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer these Terms and our rights or obligations, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms and any separate agreements through which we provide Services will be governed by applicable laws in the jurisdiction where Awsum Auctionz LLC is headquartered, subject to any mandatory laws that apply to you.

Any venue or jurisdiction requirements remain subject to rights provided by applicable law.

SECTION 23 - HEADINGS

Section headings are provided for convenience and do not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the current version of these Terms on this page.

We may update these Terms by posting revised wording on our website. We will provide notice of material changes when required by law, and those changes will take effect on the date specified in the notice.

Changes will not remove rights relating to orders already placed. Continued use of the Services after changes take effect constitutes acceptance to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms should be sent to awsumthrift@gmail.com.

Awsum Auctionz LLC, doing business as Awsum Thrift
Email: awsumthrift@gmail.com
Business mailing address: 2610 Crane Ln, Darlington, SC 29540