Terms of service

OVERVIEW

Welcome to the Rough Builds store. The terms “we”, “us”, and “our” refer to the Rough Builds store. Rough Builds operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you with a customized shopping environment (the “Services”). The Rough Builds store is powered by Shopify technology, which enables us to provide the User with the Services.

The following terms, together with the policies referenced herein (the “Terms of Service” or the “Terms”), describe your rights and obligations in connection with your use of the Services.

Please review these Terms of Service carefully, as they may contain important information about your rights and address matters such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you accept these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, do not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are of legal age in your state or region of residence and that you consent to the use of the Services by any minors under your care using devices that you own, control, or will acquire.

To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, we may require you to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information provided to our stores is accurate, current, and complete and that you hold all necessary rights to provide such information.

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

SECTION 2 — OUR PRODUCTS

We have made every effort to display our products and services accurately in our online stores. However, please be aware that colors and the appearance of products may vary from how they appear on your device screen due to the device type and its settings and configuration.

We do not guarantee that the appearance or quality of any purchased products or services will meet your expectations or fully match the presentation shown in our online stores.

All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to withdraw any product at any time and may limit the quantities of any products we offer to any person, in any geographic region, or any country, as applicable.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Rough Builds reserves the right to accept or reject your order for any reason and at its sole discretion. Your order is not accepted until Rough Builds confirms such acceptance. Before accepting an order, we must receive and process your payment. Please review your order carefully before submitting it, as Rough Builds may not process cancellation requests once an order has been accepted. If an order is rejected, modified, or cancelled, we will notify you using the email address, billing address, and/or telephone number provided at the time of order placement.

Your purchases are eligible for return or exchange only in accordance with our Return Policy [LINK].

You represent and warrant that you are purchasing solely for personal use and not for commercial resale or export.

SECTION 4 — PRICING AND BILLING

Prices, discounts, and promotions may 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 stated in the order confirmation email. Unless explicitly indicated otherwise, listed prices do not include taxes, shipping, handling, duties, or import fees.

Prices listed in our online stores may differ from those offered in physical stores, on the internet, or in other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and that are subject to terms different from these Terms. In case of a conflict between promotion terms and these Terms, the promotion terms prevail.

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

You represent and warrant that (i) your credit card information is truthful, accurate, and complete; (ii) you are authorized to use such credit card for purchases; (iii) charges will be honored by your credit card provider; and (iv) you will pay all charges according to listed prices, including shipping and handling fees and any applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery. All delivery times are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events outside our control. Title and risk of loss pass to you upon our delivery of products to the carrier.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services—including, without limitation, all trademarks, brands, text, displays, images, graphics, product reviews, video and audio materials, as well as their design, selection, and arrangement—are the property of Rough Builds, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms allow use of the Services solely for personal, non-commercial purposes. You may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, publish, download, store, or transmit any materials related to the Services without prior written consent. Unless expressly stated otherwise, nothing in these Terms grants or should be interpreted as granting you any license or rights under any patent, trademark, copyright, or other intellectual property rights of Rough Builds, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Rough Builds.

The Rough Builds name, product and service names, designs, slogans, and logos are trademarks of Rough Builds or its affiliates or licensors. Use of such trademarks without prior written consent is prohibited. The Shopify name, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans associated with the Services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide you with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations, conditions, or endorsements. We bear no liability arising from or related to your use of optional third-party tools.

Use of such optional tools offered through the website is entirely at your own risk and discretion. You should review and agree to the terms provided by the relevant third-party provider.

We may also offer new features through the Services in the future (including new tools and resources). Such new features will also be considered part of the Services and subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites accessed through the Services. If you choose to leave our Services to access such materials or third-party websites, you do so at your own risk.

We are not liable for any damages incurred in connection with accessing third-party websites or purchasing or using any products, services, materials, or content contained therein. We advise you to carefully review the policies and practices of third parties before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

The Rough Builds store is powered by Shopify technology. This enables us to provide you with our Services. However, all sales and purchases made in our Store are handled directly by Rough Builds. By using the Services, you acknowledge that Shopify is not responsible for any aspect of the sales process between you and Rough Builds, including any injuries, damages, or losses resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities related to or arising from purchases and transactions made in the Rough Builds store.

SECTION 10 — PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK]. Certain personal data may also be subject to the Shopify Privacy Policy, available here. By using the Services, you acknowledge your review of these policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data related to your access and use of the Services to provide and improve the Services. Information submitted through the Services will be transmitted to and shared with Shopify and third parties, which may be located in countries other than your country of residence, in order to provide services to you. Please review the Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal data.

SECTION 11 — FEEDBACK

If you submit, post, email, or otherwise provide any ideas, suggestions, feedback, opinions, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, copy, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. We may exercise our rights under this license, for example, to operate, deliver, evaluate, improve, and promote the Services and to fulfill our obligations and rights under the Terms of Service.

You further represent and warrant that (i) you own or hold all necessary rights to any Feedback; (ii) any compensation or incentives associated with providing Feedback have been disclosed by you; (iii) your Feedback complies with these Terms. We have no obligation to (1) keep your Feedback confidential; (2) compensate you for Feedback; or (3) respond to Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, at our sole discretion, to be illegal, offensive, harmful, defamatory, libelous, pornographic, obscene, objectionable, or infringing upon intellectual property rights or these Terms.

You acknowledge that your Feedback does not violate any third-party rights, including copyrights, trademarks, privacy rights, or other personal or proprietary rights. You also acknowledge that your Feedback does not contain unlawful, harmful, or obscene material, nor viruses or malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the source of Feedback. You are solely responsible for the accuracy of your Feedback. We assume no liability for any Feedback posted by you or any third party.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information regarding the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping fees, 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 notice (including after an order has been placed).

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, (a) for any unlawful or malicious purposes; (b) in violation of international, federal, state, or local laws, rules, regulations, or ordinances; (c) in violation of our intellectual property rights or those of others; (d) to harass, exploit, abuse, harm, defame, insult, threaten, or intimidate our employees or any person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use materials that violate these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including unsolicited correspondence, “chain letters”, “spam”, or similar communications; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any conduct that restricts or inhibits anyone’s use of the Services or that, in our judgment, may harm Rough Builds, Shopify, or users or expose them to liability.

Additionally, you agree not to (a) transmit or introduce viruses or malicious code that may affect the functionality or operation of the Services; (b) copy, duplicate, reproduce, sell, resell, or exploit any part of the Services; (c) collect or track personal data of others; (d) transmit spam, conduct phishing, pretexting, pharming, spidering, crawling, or scraping; (e) interfere with or circumvent security features of the Services or any related websites. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine a violation of any provision of these Terms.

SECTION 14 — TERMINATION

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

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 — DISCLAIMER

Information provided within or through the Services is made available for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of such information. Reliance on such information is solely at your own risk. We disclaim all liability arising from reliance on materials by you, by visitors to the Services, or by any person who may be informed of their contents.

UNLESS EXPRESSLY STATED OTHERWISE BY ROUGH BUILDS, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ROUGH BUILDS, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THE SHOPIFY PLATFORM OR ITS AFFILIATES, BE LIABLE FOR ANY LOSSES, CLAIMS, OR DAMAGES—DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL—including, without limitation, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) PROVIDED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Rough Builds, 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, owed to any third party arising from (1) your breach of these Terms of Service or any documents incorporated by reference; (2) your violation of any laws or third-party rights; or (3) your access to or use of the Services.

We will notify you of any indemnifiable claims, provided that a delay in notification will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claims at your expense, including selecting counsel, but we will not settle any claims imposing non-monetary obligations without your consent (which may not be unreasonably withheld). You must cooperate with us in defending indemnifiable claims, including providing necessary documentation.

SECTION 18 — SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

Failure by us to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or rules posted by us on this site or related to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including prior versions of these Terms of Service).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 — ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any rights or obligations under these Terms without prior written consent; any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 — GOVERNING LAW

These Terms of Service and any agreements under which we provide the Services to you are governed by and construed in accordance with the federal, state, or local laws applicable in the country of the Rough Builds store’s registered office. You and Rough Builds consent to the jurisdiction of such courts.

SECTION 22 — HEADINGS

Headings in this agreement are for organizational purposes only and do not limit or otherwise affect these Terms.

SECTION 23 — CHANGES TO THE TERMS OF SERVICE

You may review the latest version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates or changes on our website. It is your responsibility to periodically check our website for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Continued use of the Services after such changes are posted constitutes acceptance of the updated Terms.

SECTION 24 — CONTACT INFORMATION

Questions regarding these Terms of Service should be sent to us at roughbuilds.shop@gmail.com.

Our contact details are listed below:
Rough Builds
roughbuilds.shop@gmail.com

ul. Łazówka 7C, 34-100 Wadowice

+48 533 238 065

REGON number: 528229691