Terms of service

EUKOMOS TERMS OF SERVICE

OVERVIEW

Welcome to Eukomos! The terms "we", "us" and "our" refer to Evan Amadio. Eukomos 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 (the "Services"). Eukomos is powered by Shopify, which enables us to provide the Services to you.

The below 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 of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country 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 accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 2A - COSMETIC AND TOPICAL USE DISCLAIMER

The products and information provided by Eukomos are for cosmetic and personal care purposes only. Our hair oils and topical products are not intended to diagnose, treat, cure, or prevent any disease, medical condition, or hair loss disorder. The statements made regarding our products have not been evaluated by the Food and Drug Administration (FDA) or any other regulatory health authority.

All products should be used strictly in accordance with their instructions, precautions, and guidelines. You are solely responsible for checking the ingredients of our products to avoid potential allergic reactions. We strongly advise performing a patch test on a small area of skin 24 hours prior to full application. If irritation, redness, or discomfort occurs, discontinue use immediately and consult a licensed healthcare professional. Eukomos shall not be held liable for any adverse reactions, misuses, or negative consequences resulting from the use of our topical products.

SECTION 3 - ORDERS AND RETURNS

When you place an order, you are making an offer to purchase. Eukomos reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Eukomos confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Eukomos may be unable to accommodate cancellation requests after an order is accepted.

Return Policy: Due to health, hygiene, and the risk of product contamination, Eukomos only accepts returns of strictly unopened and unused products within 10 days of delivery. If the product shows any sign of use, it is legally unsafe for us to restock and is therefore strictly non-refundable.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export without our express permission.

SECTION 3A - PRESALES AND PRE-ORDERS

From time to time, Eukomos may offer select formulations or products on a presale or pre-order basis. By electing to purchase a pre-order item, you agree to the following terms:

Fulfillment Window: Pre-orders are subject to an estimated fulfillment window (e.g., 3 weeks from the date of purchase). By placing a pre-order, you acknowledge that shipping dates are estimates, depend on production schedules, and are subject to change.

Payment Capture: To secure your product in our production queue, your payment method will be charged in full at the time the pre-order is placed.

Pre-Order Cancellations: If you change your mind during the fulfillment window, Eukomos permits you to cancel your pre-order for a full refund, provided the cancellation request is received before the order has entered the final processing and shipping phase. To request a pre-order cancellation, please contact us immediately at eukomos.team@gmail.com.

Post-Processing: Once a pre-order has been processed for dispatch and handed over to our shipping carrier, it can no longer be canceled and is subject to our standard Return Policy (Section 3).

Eukomos's Rights: We reserve the right to cancel any pre-order due to unforeseen supply chain disruptions, ingredient sourcing delays, or other extenuating circumstances. In such an event, you will be notified and issued a full refund.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 5 - SHIPPING AND DELIVERY

Eukomos ships both domestically and internationally. We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.

International Orders: For orders shipped outside the United States, you, the buyer, are solely responsible for all applicable customs duties, import taxes, and brokerage fees. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all proprietary cosmetic formulations, ingredient blends, methods, brand identifiers, trade names, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Eukomos, its affiliates or licensors and are protected by U.S. and foreign copyright, trade secret, common law brand rights, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, reverse-engineer, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material or proprietary formulations on the Services without our prior written consent.

Eukomos's names, logos, product and service names, designs, and slogans are the exclusive property and trade names of Eukomos. You must not use such brand identifiers without the prior written permission of Eukomos.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Eukomos 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 Eukomos. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Eukomos, 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 Eukomos.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We are and shall be under no obligation to maintain your Feedback in confidence, pay compensation, or respond.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; or (e) to transmit false or misleading information.

SECTION 14 - AGENTS

14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent (software or service taking autonomous action) to access, use, or interact with any Services. 14.2 No Agent may access the Services unless it identifies itself and operates in strict accordance with the requirements herein. 14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. EXCEPT AS EXPRESSLY STATED BY EUKOMOS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL EUKOMOS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND arising from your use of any of the Services or any products procured using the Services, including any errors or omissions in any content, or any loss or damage incurred as a result of the use of the Services or products, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Eukomos, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Service.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York. You and Eukomos consent to the exclusive venue and personal jurisdiction of the federal and state courts located in Suffolk County, New York.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at eukomos.team@gmail.com.

Our contact information is posted below:

Eukomos

eukomos.team@gmail.com

Nesconset, NY 11767