Terms of service

OVERVIEW

Welcome to Benchmark. The terms “we,” “us,” and “our” refer to Benchmark. Benchmark operates this store and website, including all related information, content, features, tools, products, and services (the “Services”) to provide you with a curated shopping experience. Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They include important information about your legal rights, warranty disclaimers, and limitations of liability.

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

SECTION 1 – ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your jurisdiction.

You may be required to provide certain information, including your email address, billing, payment, and shipping information. You represent that all information you provide is accurate, current, and complete.

You are responsible for maintaining the security of your account credentials and for all activity conducted through your account. Accounts may not be transferred, sold, or assigned.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to display product descriptions and images accurately. However, colors and appearance may vary based on device settings and screen displays.

All products are made to order. We do not guarantee that the appearance or quality of products will meet subjective expectations.

Product descriptions, availability, and pricing are subject to change at any time without notice.

SECTION 3 – ORDERS

Placing an order constitutes an offer to purchase. We reserve the right to accept or reject any order at our discretion.

Orders are not considered accepted until payment is successfully processed and order confirmation is issued. Because products are made to order, cancellations or modifications may not be possible once production begins.

Returns, refunds, and replacements are governed solely by our Refund Policy.

Purchases are for personal or household use only and may not be resold or exported for commercial purposes.

SECTION 4 – PRICES AND BILLING

All prices are subject to change without notice. Prices displayed at checkout are final at the time of purchase and exclude applicable taxes, shipping, customs, or import fees unless otherwise stated.

You agree to provide current, accurate, and complete payment and account information and authorize us to charge your selected payment method for your order.

SECTION 5 – SHIPPING AND DELIVERY

All delivery times are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control.

Title and risk of loss transfer to you once the order is handed off to the shipping carrier.

SECTION 6 – INTELLECTUAL PROPERTY

All content on the Services, including text, graphics, images, logos, designs, and trademarks, is owned by Benchmark or its licensors and is protected by applicable intellectual property laws.

You may use the Services for personal, non-commercial purposes only. Unauthorized use is strictly prohibited.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available.” We are not responsible for third-party tools or their functionality.

Use of optional tools is entirely at your own risk.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for the content, policies, or practices of third-party sites.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

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Our store is powered by Shopify; however, any purchases you make are made directly with Benchmark. Shopify is not responsible for any aspect of sales between you and Benchmark. You expressly release Shopify and its affiliates from all claims arising from your transactions with Benchmark.

SECTION 10 – PRIVACY POLICY

Your use of the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify may collect and process personal information in accordance with its own privacy policies.

SECTION 11 – FEEDBACK

Any feedback you submit may be used by us without restriction or compensation. You represent that you have the rights to submit such feedback.

SECTION 12 – ERRORS AND OMISSIONS

We reserve the right to correct errors, inaccuracies, or omissions and to cancel orders if information is inaccurate, at any time without prior notice.

SECTION 13 – PROHIBITED USES

You may not use the Services for unlawful, abusive, fraudulent, or harmful purposes, including violating intellectual property rights or transmitting malicious code.

We reserve the right to suspend or terminate access for violations of these Terms.

SECTION 14 – TERMINATION

We may terminate your access at any time without notice. Obligations incurred prior to termination will survive.

SECTION 15 – DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available,” without warranties of any kind, express or implied, except where prohibited by law.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Benchmark and its partners shall not be liable for indirect, incidental, or consequential damages arising from use of the Services or products.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Benchmark, Shopify, and their affiliates from claims arising from your breach of these Terms or misuse of the Services.

SECTION 18 – SEVERABILITY

If any provision is deemed unenforceable, the remaining provisions will remain in effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Benchmark and supersede prior agreements.

SECTION 20 – ASSIGNMENT

You may not assign your rights without consent. We may assign these Terms without restriction.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws of the United States and the state in which Benchmark operates, without regard to conflict-of-law principles.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS

We may update these Terms at any time by posting changes to this page. Continued use constitutes acceptance.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms should be directed to:

Email: DesignedbyBenchmark@gmail.com