Terms of Service

ALL SALES ARE FINAL

All Kapsule purchases are final sale, except as outlined in our Return & Refund Policy or required by applicable law. We do not accept returns or exchanges for changes of mind, size selection, or color preferences. Please review product details and size guides before purchasing.

OVERVIEW

This website is operated by Kapsule. Throughout the site, “we,” “us,” and “our” refer to Kapsule. We provide this website, including its information, products, features, tools, and related services (the “Services”), subject to these Terms of Service (“Terms”) and the policies referenced here.

By using our website or purchasing from us, you agree to these Terms. Please read them before placing an order. If you do not agree, do not use the Services or place an order. Our Privacy Policy explains how personal information is handled.

These Terms apply to customers, visitors, account holders, and users who submit content. New features offered through the store are also subject to these Terms and any additional terms disclosed for those features.

Nothing in these Terms or our policies excludes or limits consumer rights, warranties, remedies, or liabilities that cannot lawfully be excluded or limited. If a provision conflicts with a mandatory legal right, that right applies.

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

SECTION 1 — ONLINE STORE TERMS

You must be legally able to enter into a binding purchase agreement to place an order. If you are under the age of majority where you live, a parent or legal guardian must authorize and oversee your use of the Services and any purchase.

You agree to provide accurate, current, and complete contact, billing, payment, and shipping information and to use only payment methods you are authorized to use. If you create an account, keep your login credentials secure and notify us promptly of suspected unauthorized access. You may not sell or transfer your account to another person.

You may not use the Services for unlawful purposes, submit unauthorized payments, or transmit malware. We may restrict access for violations, subject to Section 16 and applicable law.

SECTION 2 — GENERAL CONDITIONS

We may refuse service or restrict access for lawful reasons, including suspected fraud, security concerns, or violations of these Terms. Such decisions do not remove our obligations for accepted orders or refunds required by law.

Kapsule’s original website content, branding, logos, photographs, videos, graphics, and designs are owned by Kapsule or used with permission from their respective owners. They are protected by applicable intellectual property laws. Customer-submitted content remains owned by its respective owner, subject to Section 9.

You may use the Services for ordinary personal shopping and browsing and share links to our publicly available pages. Except as permitted by law or with the rights holder’s permission, you may not reproduce, distribute, modify, or commercially exploit protected content. Nothing in these Terms transfers ownership of any intellectual property to you.

Shopify’s names and marks belong to Shopify. Other third-party names and marks belong to their respective owners.

Headings are provided for convenience and do not change the meaning of these Terms.

SECTION 3 — ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We aim to keep product descriptions, prices, availability, and other shopping information accurate and current. Historical or editorial material may describe earlier products, campaigns, or events and is provided for reference.

We may update website content as our products and Services change. Updates do not remove your rights concerning the descriptions, promises, or terms applicable to an accepted order. Material errors affecting orders are handled under Section 11.

SECTION 4 — MODIFICATIONS TO THE SERVICES AND PRICES

We may change product prices, promotions, or website features for future purchases, and may discontinue products or features. A later price or feature change does not alter an accepted order or remove obligations already incurred.

Prices and currency are shown on the store. Unless stated otherwise, product prices exclude sales tax and shipping. Applicable charges we collect will be displayed before you complete checkout. Separate promotion terms apply when disclosed with the offer.

SECTION 5 — PRODUCTS, ORDERS, AND SHIPPING

Kapsule sells clothing and accessories. We aim to describe and photograph our products accurately. Colors may look different depending on your screen and settings. Any measurement tolerances or product-specific variations will be described on the relevant product page.

Please review product descriptions, size guides, care instructions, and available options before ordering. Product availability and descriptions may change, and we may discontinue products or limit purchase quantities. Changes will not remove your rights concerning the product description and terms applicable when your order was accepted.

Orders and final sales

Placing an order is an offer to purchase. An automated order-receipt email confirms that we received your order; we accept an order when we send a shipping confirmation or otherwise expressly confirm acceptance. Payment may be authorized or collected before acceptance. If we decline or cancel an order, we will release the authorization or refund any payment collected for the canceled items and associated charges.

We may decline or cancel orders for reasons including unavailable stock, suspected fraud, payment problems, inaccurate information, or a material pricing or listing error. We will notify you using the contact details provided with your order.

Review your order carefully before submitting it. If you need a change or cancellation, contact us promptly at kapsuleusinfo@gmail.com. We cannot guarantee changes or cancellations once processing begins. This does not limit cancellation rights required by law.

All sales are final, except as provided in our Return & Refund Policy or required by applicable law. We do not accept returns or exchanges for changes of mind, size selection, or color preferences. Contact us about damaged, defective, incorrect, or undelivered items so we can arrange an appropriate resolution. All purchases remain subject to legally required consumer remedies.

Shipping and delivery

Available shipping destinations, charges, and stated fulfillment or delivery timelines are provided on our website or at checkout. Review our Shipping Policy before ordering. Preorder or delayed-shipment terms, when applicable, will be disclosed before purchase.

We will ship within the timeframe stated for your order or, if none is stated, within the period required by applicable law. If we cannot ship on time, we will notify you and obtain your consent to a delay or provide a cancellation and refund as required by law. Our final-sale policy does not override these rights.

Carrier delivery estimates may change. If an order is lost, arrives damaged, or has not arrived as expected, contact us so we can investigate and arrange an appropriate resolution. Handing a package to a carrier does not eliminate our obligations under applicable law.

You are responsible for providing a complete and accurate delivery address. Notify us promptly of any error; changes may not be possible after shipment. We will explain any proposed reshipping charge before collecting it.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide accurate, current, and complete purchase, payment, and account information. Keep your email and delivery information up to date so we can process orders and contact you. Use only a payment method you are authorized to use.

By placing an order, you authorize us and our payment providers to charge the payment method you select for the total disclosed at checkout. If payment cannot be processed, we may request another payment method or decline the order.

We may limit quantities per person, household, or order, including where multiple orders appear designed to evade purchase limits. If we change or cancel an order, we will notify you using the details provided and release or refund any payment for canceled items and associated charges.

SECTION 7 — OPTIONAL TOOLS

The Services may include optional tools provided by third parties. Their availability and operation may depend on the provider, and additional terms may apply. Review any relevant provider terms before using a tool. To the extent permitted by law, we do not provide separate warranties for third-party tools we do not control. This does not exclude responsibility that the law places on us.

New features we introduce as part of the Services will also be subject to these Terms and any additional terms clearly disclosed for those features.

SECTION 8 — THIRD-PARTY LINKS

Our website may link to third-party websites or services. We do not control their content, policies, or practices, and a link does not necessarily mean we endorse them. Review their terms and privacy policies before providing information or making a separate purchase. Questions about a third party’s products or services should be directed to that provider. Your rights concerning purchases from Kapsule remain unaffected.

SECTION 9 — USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

You retain ownership of reviews, comments, photographs, and other feedback you submit. When you submit content for public display through our review or feedback features, you grant Kapsule a non-exclusive, worldwide, royalty-free license to reproduce, display, and distribute that content in connection with operating and promoting the Services. We may format it for display without changing its meaning. This license does not authorize public use of private customer-support correspondence or sensitive personal information.

Only submit content you have the right to share. Disclose any payment, free product, or other incentive associated with a review. Do not post unlawful content, threats, private information belonging to others, impersonations, or malware.

We may remove content that violates these requirements. We do not prohibit or penalize honest negative reviews or remove a review solely because it is negative. We are not required to pay for feedback or respond to every submission.

SECTION 10 — PERSONAL INFORMATION

Our Privacy Policy explains how we collect, use, and share personal information. Shopify also processes information to host and operate the Services; its practices are described in Shopify’s Consumer Privacy Policy.

Information may be processed by Shopify and other service providers in countries outside your country of residence, as explained in the applicable privacy policies. Acceptance of these Terms does not replace any separate privacy consent required by law.

SECTION 11 — ERRORS, INACCURACIES, AND OMISSIONS

We may correct errors or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, and availability. If a correction materially affects an order you have placed, we will contact you to confirm a proposed change or cancel and refund the affected purchase.

We will not charge a higher price without your agreement. Corrections do not remove your rights regarding inaccurate or misleading product information or other remedies required by law.

SECTION 12 — PROHIBITED USES

You may not use the Services for fraud or other unlawful conduct; infringe intellectual property or privacy rights; threaten or harass others; impersonate another person; submit unauthorized payment information; distribute spam or malware; collect other users’ personal information without authority; bypass security measures; or disrupt the Services.

You may not conduct unauthorized bulk scraping, copy protected material for commercial exploitation, manipulate reviews, or use bots to evade purchase limits. Automated access must also comply with the requirements below. These restrictions do not prevent lawful consumer criticism, legally protected activity, or use of assistive technology for ordinary accessibility purposes.

Automated agents

An “Agent” is software or a service that takes autonomous or semi-autonomous actions on someone’s behalf. If you use an Agent to interact with the Services, you are responsible for authorizing its actions and ensuring that they comply with these Terms.

Agents must identify themselves in HTTP/HTTPS requests using “Agent/[agent name]” in the user-agent string; must not conceal that interactions are automated; must answer identification prompts truthfully; and must not solve or bypass CAPTCHAs or other measures intended to distinguish humans from automated access. Agents must respect access restrictions and stop accessing the Services if we request it.

We may restrict or block Agent access. Compliance with this section does not authorize prohibited activities under this section or any purchase or action that the customer has not authorized.

SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

To the extent permitted by law, the website and optional tools are provided “as is” and “as available.” We do not guarantee uninterrupted or error-free website operation.

These website disclaimers do not disclaim product descriptions or express promises made with your purchase, or any implied warranty, statutory guarantee, or remedy that cannot lawfully be excluded. Final-sale status does not waive rights relating to faulty, misdescribed, or undelivered products.

To the extent permitted by applicable law, Kapsule and its service providers will not be liable for indirect, incidental, special, or consequential losses arising from use of the Services, such as lost business profits or business opportunities.

Nothing in these Terms excludes or limits liability for fraud, willful misconduct, gross negligence, personal injury where liability cannot lawfully be excluded, or any other non-excludable liability. These Terms do not limit refunds, replacements, damages, or other remedies you are entitled to receive under mandatory consumer law.

SECTION 14 — INDEMNIFICATION

To the extent permitted by law, you agree to reimburse Kapsule, Shopify, and their relevant personnel and service providers for reasonable losses and legal costs resulting from a third-party claim caused by your unlawful use of the Services, infringement of a third party’s rights, or material breach of these Terms. This does not apply to losses caused by the indemnified party’s own negligence, misconduct, or violation of law.

We will notify you of a claim and allow reasonable participation in its defense. We will not agree to a settlement that imposes an admission, payment, or other obligation on you without your consent.

SECTION 15 — SEVERABILITY

If a provision is found unlawful or unenforceable, it will be limited or severed as necessary. The remaining provisions will continue to apply to the extent permitted by law.

SECTION 16 — TERMINATION

We may suspend or terminate access when reasonably necessary to address violations of these Terms, suspected fraud, security concerns, or legal requirements. Termination does not remove accrued payment obligations, our duties for accepted orders, refund obligations, or consumer rights.

Provisions that by their nature should survive termination will continue to apply, including intellectual property, feedback licenses, lawful liability limits, dispute provisions, and payment obligations already incurred.

SECTION 17 — ENTIRE AGREEMENT

A failure to enforce a provision immediately is not a waiver of the right to enforce it later. These Terms, the policies they reference, and the specific terms provided with your accepted order form the agreement concerning the Services and that purchase. Nothing here excludes binding representations or rights protected by applicable law.

You may not transfer your contractual rights or obligations under these Terms without our consent, except where permitted by law. We may transfer these Terms in connection with a business transfer or reorganization, provided that doing so does not reduce your existing consumer rights. We will provide notice where required.

SECTION 18 — GOVERNING LAW

These Terms are governed by California law and applicable United States federal law. Subject to any mandatory consumer venue rights, disputes may be brought in the state or federal courts located in San Diego County, California.

This section does not deprive you of mandatory protections or the right to bring a claim in another court where applicable law grants that right. These Terms do not require binding arbitration or waive class-action rights.

SECTION 19 — CHANGES TO TERMS OF SERVICE

We may update these Terms by posting a revised version on this page. We will provide notice of material changes and obtain agreement where required by law. Changes apply prospectively and do not retroactively change an accepted order or remove rights already accrued. The terms in effect when an order is accepted govern that order unless you agree otherwise or the law requires a change.

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/mkgxf1-2d/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/mkgxf1-2d/privacy_policy).

SECTION 20 — CONTACT INFORMATION

Questions about these Terms or your order can be sent to:

Kapsule
Email: kapsuleusinfo@gmail.com
Website: www.kapsuleus.com