Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to the XAG Shop. The terms "we," "us," and "our" refer to XAG Solutions. XAG Solutions operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). The XAG Shop is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

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

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given your consent to allow your minor dependents to use the Services on devices you own, purchase, or manage.

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

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

Many products offered through the XAG Shop are pre-owned and may show signs of prior use consistent with the condition stated in the product listing. We make reasonable efforts to accurately describe the configuration, condition, and known characteristics of each item.

When a representative image is used instead of a photograph of the specific item being sold, the product listing will identify it as such. The cosmetic appearance of the actual item may vary from a representative image.

We make every reasonable effort to provide accurate representations of our products. However, colors, finishes, and product appearance may differ from how they appear on your screen due to your device, display settings, lighting, photography, and normal variation between used items.

Product condition is based on our inspection and the grading information included with the product listing. Normal cosmetic wear consistent with the stated condition is not considered a defect.

Product descriptions, availability, and other information are subject to change or correction at any time. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction.

Most used products offered through the XAG Shop are individual inventory items. Availability of an identical replacement item cannot be guaranteed.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. XAG Solutions reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until XAG Solutions confirms acceptance and payment has been successfully processed.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted or prepared for shipment or pickup.

If we do not accept an order, make a material change to an order, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, and/or phone number provided with the order.

Purchases are subject to our Return Policy.

You represent that products purchased through the XAG Shop will be used for lawful purposes and will not be purchased, exported, resold, transferred, or otherwise used in violation of applicable law.

Products may be purchased for personal or business use.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect when the order is placed and will be shown in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, duties, or import charges.

Prices shown through the XAG Shop may differ from prices offered through other sales channels.

We may periodically offer promotions that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion-specific terms will govern with respect to that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for purchases made through the XAG Shop. You agree to promptly update information as necessary so we can complete your transaction and communicate with you regarding your order.

You represent and warrant that the payment information you provide is accurate, that you are authorized to use the payment method provided, and that charges incurred in connection with your purchase will be honored.

SECTION 5 - SHIPPING, DELIVERY, AND LOCAL PICKUP

Shipping and delivery are subject to our Shipping Policy.

Shipping charges are calculated based on the product, destination, and shipping method selected at checkout.

Delivery dates and transit times are estimates and are not guaranteed. Delivery may be affected by shipping carriers, weather, customs processing, or other circumstances outside our reasonable control.

Tracking information will be provided when available after an order ships.

Local pickup is available for all orders and may be selected during checkout.

Customers are responsible for providing an accurate shipping address and for reviewing shipping information before submitting an order.

If a shipment arrives damaged, please contact XAG Solutions as soon as possible so we can review the shipment and determine the appropriate next step.

SECTION 6 - RETURNS

Returns are governed by our Return Policy.

Unless otherwise stated, eligible products may be returned within 14 days of delivery or local pickup, subject to the requirements described in that policy.

Returned products must be in the same condition in which they were received and include any accessories, components, or other items included with the sale.

SECTION 7 - LIMITED WARRANTY

Used hardware sold through the XAG Shop includes the limited 90-day warranty described in our Warranty Policy.

The XAG Solutions warranty covers qualifying hardware failure occurring under normal use during the warranty period. It does not cover physical damage, accidental damage, liquid damage, abuse, misuse, loss, theft, unauthorized repair, unauthorized modification, or other exclusions described in the Warranty Policy.

If a covered failure occurs during the warranty period, XAG Solutions will review the issue and determine the appropriate remedy, which may include repair, replacement, or refund.

Because many products are individual used inventory items, replacement with the same model, configuration, color, condition, or generation cannot always be guaranteed.

Any AppleCare, manufacturer warranty, or other third-party coverage identified in a product listing is separate from the XAG Solutions warranty and remains subject to the terms and eligibility requirements established by the applicable provider.

SECTION 8 - INTELLECTUAL PROPERTY

The Services, including trademarks, brands, text, displays, images, graphics, video, audio, and the design, selection, and arrangement thereof, are owned by XAG Solutions, its affiliates, or licensors and are protected by applicable U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal or internal business use only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services except as permitted by law or with our prior written permission.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property belonging to XAG Solutions, Shopify, or any third party.

XAG Solutions names, logos, product and service names, designs, and slogans are trademarks or other intellectual property of XAG Solutions or its affiliates or licensors and may not be used without prior written permission.

Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. Other names, logos, product names, and trademarks displayed through the Services belong to their respective owners.

SECTION 9 - OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services that we neither monitor nor control.

You acknowledge and agree that access to such tools may be provided "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement.

Your use of optional third-party tools is at your own risk and discretion, and you should review and understand the terms under which those tools are provided.

We may offer new features, tools, or resources through the Services in the future. Such features will be considered part of the Services and will be subject to these Terms.

SECTION 10 - THIRD-PARTY LINKS

The Services may contain materials or links to websites operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, privacy practices, security, products, services, or policies of third-party websites.

If you leave the Services to access third-party materials or websites, you do so at your own discretion.

We are not responsible for harm or damages associated with purchases, services, resources, content, or transactions involving third-party websites.

Please review the policies and practices of third parties before engaging in a transaction with them.

SECTION 11 - RELATIONSHIP WITH SHOPIFY

The XAG Shop is powered by Shopify, which enables us to provide the Services to you.

However, sales and purchases made through the XAG Shop are transactions directly between you and XAG Solutions.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and XAG Solutions, including injury, damage, or loss resulting from products purchased through the XAG Shop.

You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with XAG Solutions.

SECTION 12 - PRIVACY POLICY

Personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify's privacy practices and policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve Shopify's services.

Information submitted through the Services may be transmitted to Shopify and other service providers, including providers located outside the country where you reside.

Please review our Privacy Policy for additional information regarding how personal information is collected, used, disclosed, and protected.

SECTION 13 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for purposes related to operating, improving, or promoting the Services.

You represent and warrant that you have the rights necessary to provide the Feedback, that you have disclosed any compensation or incentives associated with the Feedback where required, and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.

We may monitor, edit, or remove Feedback that we determine is unlawful, abusive, defamatory, obscene, misleading, infringing, or otherwise inappropriate.

You are responsible for the Feedback you submit and its accuracy.

SECTION 14 - ERRORS, INACCURACIES, AND OMISSIONS

Information made available through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, configurations, pricing, promotions, availability, shipping charges, transit times, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel an order when information relating to the order is materially inaccurate, including after an order has been submitted.

If we cancel an order after payment has been collected, the amount paid for the canceled portion of the order will be refunded.

SECTION 15 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate applicable international, federal, state, provincial, or local laws or regulations;

(c) to infringe intellectual property or other rights belonging to us or another party;

(d) to harass, abuse, threaten, defame, or harm another person;

(e) to intentionally transmit false or misleading information;

(f) to transmit material that violates these Terms;

(g) to transmit unsolicited advertising, spam, chain letters, or similar solicitations;

(h) to impersonate another person or entity; or

(i) to engage in conduct that interferes with another person's use of the Services or that may harm XAG Solutions, Shopify, the Services, or other users.

You also agree not to upload or transmit viruses or malicious code, collect personal information about others without authorization, interfere with security mechanisms, attempt unauthorized access, or otherwise interfere with the operation of the Services.

We reserve the right to suspend or terminate access to the Services when we reasonably determine that these Terms have been violated.

SECTION 16 - AUTOMATED ACCESS AND AGENTS

If you use software or services that take autonomous or semi-autonomous actions on your behalf to access or interact with the Services ("Agents"), such Agents must comply with applicable laws, these Terms, and any technical requirements or restrictions established by XAG Solutions or Shopify.

Agents must not attempt to conceal that access is automated, circumvent access restrictions, defeat security controls, bypass CAPTCHAs, or misrepresent automated activity as human activity.

We may use technical measures to limit or prohibit automated access to the Services.

SECTION 17 - TERMINATION

We may terminate or suspend your access to the Services, or any portion thereof, if necessary to protect the Services, XAG Solutions, Shopify, other users, or our legal rights, including in response to violations of these Terms.

You remain responsible for amounts properly due for purchases made before termination.

Provisions that by their nature should survive termination will remain in effect, including provisions relating to intellectual property, feedback, warranties, limitations of liability, indemnification, governing law, and privacy.

SECTION 18 - DISCLAIMER OF WARRANTIES

Certain used hardware sold through the XAG Shop includes the express limited 90-day warranty described in our Warranty Policy. Any AppleCare or manufacturer warranty identified in a product listing is separate and subject to its own terms.

EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED BY XAG SOLUTIONS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Nothing in this section limits any warranty or consumer right that cannot lawfully be waived or limited.

SECTION 19 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, XAG SOLUTIONS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS LIMITATION APPLIES WHETHER A CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANOTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED THAT SUCH DAMAGES MAY OCCUR.

Nothing in these Terms limits liability that cannot lawfully be excluded or limited.

SECTION 20 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless XAG Solutions, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal expenses arising from:

1. your material breach of these Terms;
2. your violation of applicable law or the rights of another party; or
3. your unlawful or unauthorized use of the Services.

We will provide reasonable notice of an indemnifiable claim when practicable. You agree to reasonably cooperate in the defense of such claims.

SECTION 21 - SEVERABILITY

If any provision of these Terms is determined 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 considered severed from these Terms.

The remaining provisions will remain valid and enforceable.

SECTION 22 - WAIVER; ENTIRE AGREEMENT

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

These Terms, together with policies and operating rules posted through the Services, constitute the agreement governing your use of the Services and supersede prior agreements or communications relating to the same subject matter.

SECTION 23 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may assign or transfer these Terms or our rights and obligations in connection with a merger, acquisition, sale of assets, corporate reorganization, or other legitimate business transaction, subject to applicable law.

SECTION 24 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services are governed by and construed in accordance with the laws of the State of Oregon and applicable federal law, without regard to conflict-of-law principles.

To the extent permitted by law, you and XAG Solutions consent to the jurisdiction and venue of the state and federal courts located in Oregon for disputes arising from these Terms or the Services.

SECTION 25 - HEADINGS

Headings used in these Terms are provided for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 26 - CHANGES TO TERMS OF SERVICE

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

We reserve the right to update, change, or replace portions of these Terms by posting revisions to the website.

When required by applicable law, we will provide notice of material changes.

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 27 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

XAG Solutions
xagshop@xagsolutions.com
9185 SW Brunham Street, Tigard, OR, 97223
503.603.0968