Terms of service
Welcome to Polkal! The terms "we", "us" and "our" refer to Polkal. Polkal 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"). Polkal is powered by Shopify, which enables us to provide the Services to you.
The below 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 Privacy Policy, you should not use or access our 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, and you have given us your consent to allow any of 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 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 provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to your device type, settings, and configuration.
We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be identical to what is depicted in our online store.
All product descriptions are subject to change 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 any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Polkal reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Polkal confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Polkal may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
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 at the time the order is placed and will be confirmed in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
We may offer promotions from time to time that may affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase and payment information for all orders. You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use such payment method; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay all charges incurred, including shipping, handling and applicable taxes.
SECTION 5 — SHIPPING AND DELIVERY
Polkal is not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer your order to the carrier, title and risk of loss passes to you. Please refer to our Shipping Policy for full details on rates, transit times, and international orders.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product content, video, and audio, and the design, selection, and arrangement thereof, are owned by Polkal, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.
Polkal's name, logo, product and service names, designs, and slogans are trademarks of Polkal or its affiliates. You must not use such trademarks without our prior written permission. All rights not expressly granted herein are reserved by Polkal.
SECTION 7 — OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We provide access to such tools "as is" and "as available" without any warranties or representations of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of such tools is entirely at your own risk and discretion.
SECTION 8 — THIRD-PARTY LINKS
Our Services may contain links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of any third-party websites you choose to access. If you leave our Services to access third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your use of any third-party websites, products, services, or content. Please review the policies of any third-party site before engaging in any transaction.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Polkal 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 Polkal. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Polkal, 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 Polkal.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at polkal.com/policies/privacy-policy. By using the Services, you acknowledge that you have read and agree to our Privacy Policy. Information you submit to the Services may be transmitted to and shared with Shopify as well as third parties in order to provide services to you.
SECTION 11 — FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. You are solely responsible for any Feedback you submit and its accuracy.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or 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 prior notice, including after you have submitted your order.
SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services:
- For any unlawful or malicious purpose
- To violate any international, federal, or state regulations, rules, or laws
- To infringe upon our intellectual property rights or those of others
- To harass, abuse, harm, defame, or intimidate any person
- To transmit false or misleading information
- To send unsolicited advertising, spam, or chain letters
- To impersonate any person or entity
- To engage in any conduct that restricts or inhibits anyone's use of the Services
You also agree not to upload viruses or malicious code, reproduce or resell any portion of the Services, collect personal information of others, or interfere with the security features of the Services. We reserve the right to suspend or terminate your account at any time without notice if we determine you have violated any part of these Terms.
SECTION 14 — TERMINATION
We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy Policy.
SECTION 15 — DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY POLKAL, 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, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR 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 PROVIDED BY LAW, IN NO CASE SHALL POLKAL, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Polkal, 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, arising out of: (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. We may control the defense and settlement of such claim at your expense but will not settle any claim requiring non-monetary obligations from you without your consent.
SECTION 18 — SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 — WAIVER; ENTIRE AGREEMENT
The failure of Polkal to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site, constitute the entire agreement between you and Polkal and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.
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 such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 — GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida, United States. You and Polkal consent to venue and personal jurisdiction in the courts located in Florida.
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
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service at any time by posting updates to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes your acceptance of those changes.
SECTION 24 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Polkal™
Email: contact@polkal.com
Address: APT 601, Apartment 10275 Collins Ave, Bal Harbour, Florida
Support Hours: Monday – Friday, 10:00 AM – 5:00 PM EST
We reply within 24 hours (Mon–Fri).
© 2025 Polkal™. All rights reserved.