Terms of service

Overview

Welcome to Viskana. Throughout these Terms, the words "we", "us" and "our" refer to Viskana. Viskana is a trading name of ECOMMERCE CMPNY LTD, a company registered in England and Wales (company number 14737277). Viskana operates this store and website, including the information, content, features, tools, products and services made available through it, to provide you, the customer, with a curated shopping experience (the "Services"). Viskana is powered by Shopify, which helps us make the Services available to you.

These terms and conditions, together with any policies referenced in them, are referred to as these "Terms of Service" or "Terms" and explain your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and include provisions relating to warranty disclaimers and limitations of liability.

By visiting, accessing, 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 with these Terms of Service or our Privacy Policy, you should not access or use the Services.

Nothing in these Terms limits or waives any rights you have under mandatory consumer protection laws of the U.S. state where you reside. Where any provision of these Terms conflicts with such laws, those laws control.

Section 1: Access and account

By agreeing to these Terms of Service, you confirm that you are at least 18 years old, or the age of majority in your state of residence, and that you have given us permission to allow any minor dependents under your care to use the Services on devices you own, purchase, or manage.

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

You are responsible for keeping your account credentials secure and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to another person.

Section 2: Our products

We make every reasonable effort to display and describe our products accurately in our online store. However, product colors or appearance may vary depending on the device you use, as well as your screen settings and configuration.

Product descriptions may be changed 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 products offered to any person, geographic area, or jurisdiction on a case-by-case basis. This does not affect your rights in respect of an order we have already accepted.

Section 3: Orders

When you submit an order, you are making an offer to purchase. Viskana may accept or reject your order at its discretion. Your order is not considered accepted until Viskana confirms acceptance, and an automated order-received confirmation does not by itself constitute acceptance. We must receive and process your payment before your order can be accepted. If we decline, change, or cancel an order, we will attempt to notify you using the email address provided when the order was placed and refund any payment taken.

You may cancel your order free of charge within 12 hours of placing it. Once an order has shipped, cancellation is no longer possible and our Return and Refund Policy applies.

Your purchases are subject to returns or exchanges in accordance with our Return and Refund Policy.

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

Section 4: Prices and billing

All prices are listed and charged in United States Dollars (USD). Prices shown exclude applicable U.S. state and local sales tax, which is calculated based on your shipping address and shown to you at checkout before you pay. Shipping is free on every order, and you will not be charged customs duties or import fees. The total shown at checkout is the total amount you will be charged.

Prices, discounts, and promotions may change without prior notice. The price charged for a product is the price shown at the time your order is placed and confirmed in your order confirmation email.

From time to time, we may offer promotions through the Services that affect pricing and are governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will apply.

You agree to provide accurate, complete, and current purchase, payment, and account information for all purchases made through our store, and to promptly update your account and payment details so we can complete your transactions and contact you when needed.

You represent and warrant that (i) the payment information you provide is true, accurate, and complete, (ii) you are authorized to use the payment method for the purchase, (iii) charges you incur will be honored by your payment provider, and (iv) you will pay all charges incurred by you at the posted prices, including any applicable taxes shown at checkout.

Section 5: Shipping and delivery

All delivery timeframes shown on the Services are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, weather, or other events beyond our reasonable control; this does not affect your right to a remedy if your order is not delivered within a reasonable time.

Title and risk of loss for products pass to you upon delivery of the products to you or to a person you have designated to receive them. If your order is lost or damaged in transit, contact us and we will replace it or refund you in full.

Full details of handling times, transit times, and tracking are set out in our Shipping Policy.

Section 6: Intellectual property

The Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement of such materials, are owned by Viskana, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms allow you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly stated in these Terms, nothing grants or should be interpreted as granting you any license or rights under any patent, trademark, copyright, or other intellectual property belonging to Viskana, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by Viskana.

Viskana's names, logos, product names, service names, designs, and slogans are trademarks of Viskana or its affiliates or licensors. You may not use these trademarks without prior written permission from Viskana. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services belong to their respective owners.

Section 7: Optional tools

As part of the Services, you may be given access to customer tools provided by third parties. We do not monitor, control, or have input over these tools.

You acknowledge and agree that access to these tools is provided "as is" and "as available," without warranties, representations, or conditions of any kind and without endorsement. Subject to Section 16, we will not be liable for any issue arising from or related to your use of optional third-party tools.

Section 8: Third-party links

The Services may include materials and links to websites provided or operated by third parties, including embedded third-party features. We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.

Please review the third party's policies and practices carefully before entering into any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

Section 9: Relationship with Shopify

Viskana is powered by Shopify, which allows us to provide the Services to you. However, all sales and purchases made through our Store are made directly with Viskana. By using the Services, you acknowledge and agree that Shopify is not responsible for any part of any sale between you and Viskana. Your rights against Viskana as your contracting party are not affected.

Section 10: Privacy policy

All personal information we collect through the Services is governed by our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services for you. Information you submit through the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than your country of residence, in order to provide services to you. Please review our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.

Section 11: Feedback

If you submit, upload, post, email, or otherwise provide any ideas, suggestions, feedback, reviews, proposals, plans, or other content, collectively referred to as "Feedback," you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium and for any purpose, including commercial purposes.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms. We have no obligation to (1) keep your Feedback confidential; (2) provide compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not required to, monitor, edit, or remove Feedback that we reasonably determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights, and will not contain libelous, unlawful, abusive, or obscene material, or any computer virus or other malware. You must not use a false email address, impersonate another person, or otherwise mislead us or third parties about the origin of any Feedback. You are solely responsible for the Feedback you submit and for its accuracy.

Section 12: Errors, inaccuracies and omissions

From time to time, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any such errors and to change or update information at any time without prior notice. Where a product you ordered was affected by an obvious pricing or description error that a reasonable person would recognize as an error, we may decline or cancel the order and refund you in full without delay.

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 purpose; (b) to violate any federal, state, or local laws, rules, regulations, or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or arrange the sending of advertising or promotional materials, including "junk mail," "chain letters," "spam," or similar solicitations; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that restricts or interferes with anyone's use or enjoyment of the Services, or that we determine may harm Viskana, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or bypass the security features of the Services, any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account if we reasonably determine that you have breached these Terms. Your rights in respect of orders already placed are not affected.

Section 14: Termination

We may terminate this agreement or your access to the Services, or any part of them, where you have breached these Terms or where we reasonably need to do so. You will remain responsible for all amounts due up to and including the date of termination. Orders we have already accepted are not affected.

The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature are intended to survive termination.

Section 15: Disclaimer of warranties

The information provided on or through the Services is made available for general informational purposes only. We do not warrant that this information is accurate, complete, or useful, and any reliance you place on it is at your own risk.

EXCEPT AS EXPRESSLY STATED BY VISKANA, AND EXCEPT FOR ANY WARRANTY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER DOES NOT AFFECT ANY STATUTORY WARRANTY OR CONSUMER RIGHT THAT CANNOT BE WAIVED, AND DOES NOT APPLY TO THE PHYSICAL PRODUCTS YOU PURCHASE, WHICH ARE COVERED BY YOUR RIGHTS UNDER OUR RETURN AND REFUND POLICY AND APPLICABLE LAW.

Section 16: Limitation of liability

NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING UNDER STATE CONSUMER PROTECTION STATUTES.

SUBJECT TO THE PARAGRAPH ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VISKANA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.

SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION, OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO ANY ORDER OR THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE PRODUCTS GIVING RISE TO THE CLAIM, OR (B) USD 100. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Section 17: Indemnification

Where you use the Services other than as a consumer for personal or household purposes, you agree to indemnify, defend, and hold harmless Viskana, 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 and arising out of or related to (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.

We will notify you of any indemnifiable claim, provided that any failure to notify you promptly will not release you from your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, but we will not settle any claim requiring non-monetary obligations from you without your consent, which must not be unreasonably withheld. You agree to cooperate reasonably in the defense of indemnified claims.

Section 18: Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed. This determination will not affect the validity or enforceability of the remaining provisions.

Section 19: Waiver; entire agreement

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

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

Section 20: 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, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations to a successor in connection with a merger, acquisition, or sale of assets; in that case your rights under these Terms are not affected.

Section 21: Governing law and disputes

These Terms of Service are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict-of-laws principles. Nothing in this section deprives you, as a consumer, of the protection of mandatory consumer-protection provisions of the law of the U.S. state where you reside.

Before filing a claim, you agree to first contact us at support@viskana.com and attempt to resolve the dispute informally. If we cannot resolve it within 30 days, either party may pursue the claim in a court of competent jurisdiction, or, for eligible claims, in small claims court. You may also report concerns to your state Attorney General or the U.S. Federal Trade Commission.

Section 22: Headings

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

Section 23: Changes to terms of service

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

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. We will notify you of any material changes as required by applicable law, and such changes will take effect on the date stated in the notice. Orders placed before a change takes effect are governed by the Terms in force at the time the order was placed.

Contact Us

If you have a question, need help with an order, or want to raise a dispute, we are an email away.

Email: support@viskana.com

Customer Support Hours:
Monday through Friday, 8:00 AM – 6:00 PM EST

We operate during standard US business hours and aim to respond to all inquiries within 24 hours.

Company Details

Viskana is a trading name of:
ECOMMERCE CMPNY LTD
Dephna House, 7 Coronation Road
Launchese, London NW10 7PQ
United Kingdom

Company registration number: 14737277