Terms & Conditions
BY USING OUR WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS.
These Terms & Conditions (the “Terms” or “Agreement”) are made and entered into by and between Astrum House Inc., a Florida corporation, (referred to in these Terms as “Astrum” “we”, “us” or “our”), which is the operator of the website www.astrum-house.com (the “Website”), and you, a user of the Website (referred to in these Terms as “User”, “you” or “your”). This Agreement applies when you access the Website, purchase Products, and/or request any Services. If you do not agree to the Terms contained herein, you may not purchase Products, request any Services, or otherwise access, visit, or use the Website.
BEFORE YOU PROCEED, PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS AS WELL AS AN AGREEMENT ARBITRATE. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE OUR WEBSITE.
About Astrum and the Website.
Through the Website, Astrum offers for sale various types of clothing, apparel, and other related accessories and goods, as may be made available from time to time (collectively, the “Products”). Any other services provided through the Website are collectively referred to as the “Services”.
You may have the ability and/or be required to create an account with us (“User Account”) in order to access and use certain features on the Website. To create a User Account, you must be at least eighteen (18) years of age and will be required to provide us with information about yourself, such as, but not limited to, your name, address, and email address.
By creating a User Account, you agree that you shall (i) provide true, accurate, current and complete information about yourself as requested during the registration process, and (ii) maintain and promptly update such information to ensure that it is true, accurate, current and complete. If your information changes at any time, you are responsible for updating your User Account to reflect those changes. We may, at any time and in our sole discretion, require you to update your User Account or provide additional information. If you fail to respond to such request or otherwise provide any information that is untrue, inaccurate, not current or incomplete, Astrum may, at its sole discretion, suspend or terminate your User Account and refuse any and all current or future use of the Website or any portion thereof. Additionally, by creating a User Account, you agree that you are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the jurisdiction you reside in, and any right we grant to you to access and use the Website is and shall be revoked where these Terms or your use of the Website is prohibited or conflicts with any applicable law, rule or regulation.You are responsible for safeguarding your username, password, and other log-in information (e.g., answers to security questions) (“Credentials”) that you use to access your User Account. You must immediately log off from your User Account at the end of each session. You agree not to disclose your Credentials to any third party. You are solely responsible for all uses of your Credentials, including, but not limited to, any account activity or transactions conducted through the use of your Credentials, whether or not authorized by you.
Subject to your compliance with these Terms, you may purchase the Products made available on the Website. When browsing our Website, in order to purchase one (1) or more Products, you must first choose from any available options, such as color, size, and/or quantity of the Product, and then add the item to your online shopping cart. Once you have added all Products that you wish to purchase to your cart, you have an opportunity to review your order, including a description of the Products, the order subtotal, shipping, and taxes. Once you have confirmed or made any necessary modifications to your order, you then must enter in your billing and shipping details, as well as payment information. You agree to provide only true, accurate, current and complete information in connection with any purchase of Products. Upon submitting your order, you confirm your agreement to purchase the applicable Products and agree that we may charge you for the total cost displayed to you at such time. You understand and agree we may change the price for Products from time to time, in our sole discretion, and it is your responsibility to confirm the total price displayed to you before you submit your order. Changes to applicable fees are effective upon posting the changes on the Website.Although Astrum has made every effort to display our Products and their colors and appearance as accurately as possible, the displayed attributes of the Products depend upon the monitor and computer capabilities of the User. Astrum cannot guarantee that the User’s monitor will accurately portray the actual attributes of the Products. Products displayed may be out of stock or discontinued, and prices are subject to change. Astrum is not responsible for typographical errors regarding price or any other matter.
When you make a purchase of any Products through the Website, you authorize Astrum and its third-party payment processors, including Shopify®, PayPal®, and/or Affirm® to charge the payment method identified by you for the total cost of your order, including shipping and taxes. You further represent and warrant that you are (1) providing true, accurate, current and complete information, and (2) authorized to use such payment method for the purpose of making such purchase. You acknowledge and agree to abide by any applicable terms and conditions of Shopify®, PayPal®, and/or Affirm®, which can be accessed at the following links: https://www.shopify.com/legalhttps://www.paypal.com/us/webapps/mpp/ua/legalhub-fullhttps://www.affirm.com/terms
You further authorize Astrum and our payment processing providers, as applicable, to store your payment information. If we do not receive payment from your payment provider, no Products will be shipped to you until we receive payment.
Shipping & Returns.
Any shipments or returns of Products purchased through the Website are subject to our Shipping & Returns Policy, which can be accessed at Shipping & Returns and is incorporated herein by reference.
Promotions and Discounts.
From time to time, Astrum may in its sole discretion offer certain promotions and discounts related to our Products. To qualify for such promotional discounts, you may be required to enter a unique discount code prior to finalizing your order. Certain Products or payment options may not be eligible, and any further rules and restrictions will be disclosed at the time promotional offers are presented to you. By participating in a promotion or discount, you agree to any such applicable rules and restrictions. If you have any questions regarding a promotional offer you’ve received, please contact us at firstname.lastname@example.org.
No Satisfaction Guarantee.
Due to an individual’s subjective style and opinions, Astrum cannot guarantee a purchaser’s satisfaction of any Products ordered from us. Although Astrum has made every effort to display our Products and their colors and appearance as accurately as possible, the displayed attributes of the Products depend upon the computer capabilities of the User, and Astrum cannot guarantee that the User’s computer or device will accurately portray the actual attributes of the Products. If you require further information regarding any Product, please contact us prior to purchasing.
If you provide us with your email address and/or phone number, we may send you various types of electronic communication including newsletters, requests for information, updates, new promotions, discounts, and other communications (“Communications”) regarding us, the Website, our Products, and our Services. Providing your email address and/or phone number confirms your ability and consent to receive Communications via such method and not in paper form, and further that you acknowledge and agree to the terms and conditions of any third party provider of such services as may be presented through the Website from time to time. To withdraw your consent to receive electronic Communications, please write to us by e-mail at email@example.com with the subject line: “Unsubscribe from Electronic Communications.” In addition, our Communications themselves may include the opportunity to opt out, such as through a “click here to unsubscribe” (or similar) link, or by replying “STOP” to an SMS.
You may not access or use the Website for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Website in our discretion. These prohibited activities include, without limitation, the following:
- Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets.
- Using any information obtained from the Website in order to contact any User for purposes of advertising, soliciting, or selling any products or services to any User without their and Astrum’s prior explicit consent.
- Interfering with, disrupting or creating an undue burden on the Website or the networks or services connected to the Website.
- Attempting to impersonate another User or person.
- Using any information obtained from the Website in order to harass, abuse or harm another person.
- Using the Website in a manner inconsistent with any and all applicable laws and regulations.
- Using or otherwise accessing the Website for any reason other than a good faith interest in purchasing or requesting a Product or any Services.
- Undertaking any activity which infringes on our or any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy.
- Posting or submitting any content which is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene.
- Transmitting any trade secret or other material, non-public information about any person, company or entity without the authorization to do so.
- Restricting or inhibiting any other visitor from using the Website, including without limitation, by means of “hacking” or defacing any portion of the Website.
- Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Website.
- Removing any copyright, trademark or other proprietary rights notices contained on the Website.
- Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Website.
- Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentications and security measures.
- Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Website.
- Modifying, translating, or creating derivative works based on the Website, Products or Services.
Intellectual Property Rights.
The Website and its contents, including, but not limited to, any text, graphics, photographs, designs, logos, button icons, images, audio clips, digital downloads, and data compilations (“Content”), as well as the trademark “Astrum” and any other of our proprietary trade names, logos, and other marks (“Marks”), are owned by and/or proprietary to Astrum or its assignors or licensors, and include trademarks, patents, copyrights and other intellectual property rights of Astrum or its assignors or licensors under U.S. and foreign laws and international conventions. Any other marks contained on the Website are the property of their respective owners.
You are prohibited from using any such Content and/or Marks displayed through the Website for any purpose whatsoever, including, but not limited to, use as meta tags on other pages or websites on the World Wide Web, without the written permission of Astrum or the applicable third party.
You agree not to engage in the use, copying or distribution of the Website, any Content or Marks, or any other data or information generated or produced using the Website for any purpose, whether commercial or non-commercial. You agree not to circumvent, disable or otherwise interfere with security related features of the Website. We may, but are not obligated to, periodically provide updates to the Website to resolve bugs or add features and functionality. You do not acquire any ownership rights to the Website, Content, Marks, Products, or Services, or to any other contents contained on the Website. All rights not expressly granted in these Terms are reserved by Astrum and its respective licensors, assignors, and other affiliates.
You are solely responsible for any data, information, text, files, designs, photographs, comments, feedback, suggestions, ratings, reviews, or other materials you upload or submit to us and/or the Website (“User Content”). You agree that any User Content: (i) will be true and accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right held by you or a third-party, such as, but not limited to, trademark, copyright, right of privacy, or right of publicity; and (iv) will not cause any harm, damage, or other injury to the Website, Astrum, another User, or any other person or entity. You are solely responsible for the User Content you submit or upload, and Astrum assumes no liability therefor. We reserve the right to remove, modify, delete, store, or otherwise make use of User Content for any reason, including User Content that we believe violates these Terms or our policies.
Digital Millennium Copyright Act Notice.
Astrum respects the intellectual property of others and expects its Users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate access to the Website of any User who repeatedly infringes the rights of copyright holders.
Astrum will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (the “DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Website, then you must send Astrum a written notice that includes all the following:
- a legend or subject line that says: "DMCA Copyright Infringement Notice";
- a description of the copyrighted work that you claim has been infringed, including, but not limited to, any applicable copyright registration certificates, URL links, photographs, etc.;
- the URL of the Website and a description of where the material that you claim is infringing is located;
- a statement by you describing the nature of the claimed infringement;
- a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed);
- your address, telephone number, and e-mail address; and
- your electronic or physical signature.
Astrum will only receive DMCA notices by email directed to Astrum’s designated agent at the email address below:
DiSchino & Schamy, PLLC4770 Biscayne Blvd., Suite 600 Miami, Florida 33137 firstname.lastname@example.org
Astrum may elect to not respond to DMCA notices that do not comply with all the foregoing requirements, and Astrum may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the above.
If you provide us with any comments, bug reports, feedback, ratings, reviews, or modifications proposed or suggested by you to the Website, Products, and/or Services (collectively, the “Feedback”), we shall have the right to use such Feedback at our discretion, including, but not limited to, incorporating such suggested changes into the Website. You hereby grant us a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback into our Website for any purpose.
Disclaimer of Warranties.
THE WEBSITE AND ANY PRODUCTS, CONTENT, SERVICES, OR THIRD-PARTY SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR ANY MOBILE VERSION THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ASTRUM, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNORS, AND AGENTS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, ASTRUM DOES NOT REPRESENT OR WARRANT (I) THAT THE WEBSITE AND ANY PRODUCTS, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND ANY SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) REGARDING THE USE OF THE WEBSITE AND ANY PRODUCT, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Limitation of Liability.
IN NO EVENT SHALL ASTRUM BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT ASTRUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL ASTRUM’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO ASTRUM BY YOU.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.
You agree to fully indemnify, defend, and hold Astrum and its subsidiaries, affiliates, partners, officers, directors, employees, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (i) your access to, use of, or alleged use of, the Website or the services or goods obtained through your use of the Website, including, but not limited to, our Products and/or Services; (ii) any User Content you upload or submit to us; (iii) your breach or violation of the terms in this Agreement, any representation, warranty, or covenant referenced in this Agreement, or any applicable law or regulation; (iv) any allegation that any materials you submit to us or transmit to the Website, including, but not limited to, User Content, infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third-party; (v) your activities in connection with the Website or other websites to which the Website is linked; (vi) any negligent act or omission or any willful misconduct by you; and/or (vii) any inaccuracies in the information provided to you through the Website.
For purposes of this Agreement, you and Astrum are each referred to as a “Party” and collectively, as the “Parties”. The Parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations for a period of at least thirty (30) days from initial written notice thereof, which shall be a requirement prior to either Party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms (including its formation, performance and breach), the Website, and any purchased Products or Services, shall be finally settled by binding arbitration held in Miami, Florida and administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to determine the validity of any claim and to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.Class Action Waiver. The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Small Claims Court Claims.
Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either Party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction and subject to that court’s rules of procedure for small claims.
Thirty Day Right to Opt-Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Agreement by sending written notice of your decision to opt-out to email@example.com. The notice must be sent within thirty (30) days of your first access to the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Website.
Governing Law and Jurisdiction.
You agree that your use of the Website shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law rules. The courts of Miami-Dade County, Florida shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement not otherwise subject to arbitration as provided for in these Terms.
This Agreement may be amended by Astrum from time to time. You agree that you will review this Agreement prior to using the Website, and that your participation and continued use of the Website will constitute acceptance of this Agreement, as they may be amended from time to time. A new version of this Agreement will take effect immediately upon the date of posting or such later date as we indicate in the relevant posting. If you do not wish to be governed by the new version of this Agreement, you must notify us and agree there shall be no further provision of or access to the Website. We shall not have any liability to you in such an event.
Operation of the Website.You acknowledge that we reserve the right, but have no obligation, to (i) take appropriate legal action against anyone who, in our sole determination, violates this Agreement, including, without limitation, reporting to law enforcement authorities, (ii) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of the Website, and (iii) otherwise manage the Website in a manner designed to protect the rights and property of Astrum and its licensors and Users, and to facilitate the proper functioning of the Website. Term.
This Agreement is effective unless and until terminated by either you or us. You may terminate by notifying us that you no longer wish to use our Website via email to firstname.lastname@example.org or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we also may terminate this Agreement with you at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website (or any part thereof).
The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Astrum shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Astrum’s reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation, war, insurrection, act of god, pandemic, governmental ordinance or regulation, or any other cause whatsoever, which is beyond our reasonable control.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate this Agreement and our related rights and obligations without obtaining your consent.
This Agreement supersedes all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Website, Content, Products, and Services, and all content and materials related thereto. Modifications to this Agreement that are not posted on the Website are not valid unless made in writing and signed by an authorized representative of Astrum.
You consent to receive notices and other communications regarding this Agreement through posting of notices on the Website. You agree that all agreements, notices, disclosures, and other communications that Astrum provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.Contact Us. If you have any questions about this Agreement, the Website, our Products, or any Services, you may contact us by email at email@example.com or the mailing address below:
Astrum House Inc.
3824 NE 2nd Ave
Miami, FL 33137
Last Updated: June 23, 2022