Terms of service

Terms of Service

Overview

Welcome to Year in Color! The terms “we,” “us,” and “our” refer to Year in Color. Year in Color operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Year in Color is powered by Shopify Inc., Shopify Commerce Singapore Pte. Ltd., or Shopify International Limited, depending on where Year in Color is located, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service”), 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 our Services.

These Terms of Service do not limit any rights you may have under applicable consumer protection laws or any other non-waivable statutory rights.

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 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 account activity. You may not transfer, sell, assign, or license your account to any other person.

2. Our Products

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the device you use and its settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store. This does not limit your rights under applicable law or our Return and Refund Policy.

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 products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

3. Orders

When you place an order, you are making an offer to purchase and authorize us and our payment processors to charge your selected payment method for the total amount of your order.

Year in Color reserves the right to accept or decline your order for any reason at its discretion, subject to applicable law. Your order is not accepted until Year in Color confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Preorder cancellations, returns, and refunds are handled according to our Return and Refund Policy, including the cancellation window stated there. Acceptance of your order does not remove those cancellation rights.

If we do not accept, make a change to, or cancel an order, we may attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.

Your purchases are subject to return or exchange in accordance with our Return and Refund Policy. This does not limit any rights you may have under applicable law.

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

4. Prices and Billing

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

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges. Prices in our online store may differ from prices offered in physical stores or in online or other stores operated by third parties.

We may offer promotions that affect pricing and are governed by terms separate from these Terms of Service. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

  1. You are authorized to use the payment method you provide.

  2. The information you provide for that payment method is true, correct, and complete.

  3. Charges incurred by you will be honored by the provider of your payment method.

  4. You will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

5. Preorders, Shipping, and Delivery

Products offered as preorders are produced in batches and do not ship immediately after purchase. Applicable preorder deadlines and estimated delivery windows are shown on our website and in our Shipping Policy.

Delivery times are estimates unless expressly stated otherwise. If we cannot ship within the promised timeframe, we will notify you with an updated schedule and provide the option to accept the delay or cancel your unshipped order for a full refund.

For shipping charges, tracking, address changes, and help with missing or damaged deliveries, please refer to our Shipping Policy.

Nothing in these Terms limits your rights under applicable law.

6. Intellectual Property

Our Services, including but not limited to trademarks, brands, text, images, graphics, product reviews, video, and audio, are owned by Year in Color, its affiliates, or licensors and are protected by U.S. and foreign trademark, copyright, and other intellectual property laws. Product listings are managed and owned by Year in Color.

The purchase or delivery of any product does not grant or confer any intellectual property rights, including any patent, copyright, trademark, or other proprietary right, in or to the product, its design, software, or underlying technology. All such rights remain exclusively with Year in Color or the original rights holder.

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, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.

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

Unauthorized use of the Services may violate applicable intellectual property or other laws. All rights not expressly granted herein are reserved by Year in Color.

Year in Color’s names, logos, product and service names, designs, and slogans are trademarks of Year in Color or its affiliates or licensors. You must not use such trademarks without the prior written permission of Year in Color.

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 on the Services are the trademarks of their respective owners.

7. Optional Tools

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

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools, except as required by applicable law.

Any use of optional tools offered through the site is at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which the relevant third-party providers offer those tools.

We may also offer new features through the Services, including new tools and resources. Such features shall also be subject to these Terms of Service.

8. Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access these materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content on those websites, except as required by applicable law.

Please review the third party’s policies and practices before engaging in a transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to that third party.

9. Relationship with Shopify

Year in Color is powered by Shopify, which enables us to provide the Services to you. When you use the Services, your device communicates with Shopify’s systems to deliver the Services. Section 10 explains how Shopify uses and processes information from these interactions.

However, any sales and purchases you make in our store are made directly with Year in Color.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Year in Color, including injury, damage, or loss resulting from purchased products and services.

You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Year in Color, to the extent permitted by applicable law.

10. Privacy Policy

Our Privacy Policy explains how we may collect, use, and disclose personal information from your use of the Services. By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects, uses, processes, and stores personal information about your access to and use of the Services, including information about your transactions.

Shopify may use this information for purposes including providing, securing, and improving the Services; processing transactions; and helping prevent fraud on this website and other websites powered by Shopify.

Information collected when you visit or use the Services, including information collected automatically about your browsing activity, will be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside, in order to provide services to you.

Review our Privacy Policy and Shopify’s Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

11. Feedback

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, 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.

We may use this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.

You represent and warrant that:

  1. You own or have all necessary rights to the Feedback.

  2. You have disclosed any compensation or incentives received in connection with your submission.

  3. Your Feedback complies with these Terms of Service.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

Your Feedback must not violate third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. It must not contain unlawful, abusive, or obscene material, computer viruses, or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of Feedback.

You are solely responsible for the Feedback you provide and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party, except as required by applicable law.

12. Errors, Inaccuracies, and Omissions

Occasionally, information on 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 errors, inaccuracies, or omissions, and to change or update information or cancel orders if information is inaccurate, including after an order is submitted.

If we cancel an order after payment has been collected, we will issue any refund required by applicable law.

13. Prohibited Uses

13.1 You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

  • For any unlawful or malicious purpose.

  • To violate international, federal, provincial, state, or local regulations, rules, laws, or ordinances.

  • To infringe our intellectual property rights or those of others.

  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or threaten our employees or any other person.

  • To transmit false or misleading information.

  • To send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms of Service.

  • To transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations.

  • To impersonate or attempt to impersonate another person or entity.

  • To engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm Year in Color, Shopify, or users of the Services or expose them to liability.

13.2 In addition, you agree not to:

  • Upload or transmit viruses or malicious code that may affect the functionality or operation of the Services.

  • Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services.

  • Collect or track the personal information of others.

  • Spam, phish, pharm, or pretext the Services.

  • Use any robot, spider, scraping, data-gathering or extraction tool, automatic device or process, AI tool such as agentic AI, or automated or manual means to access the Services.

  • Interfere with, bypass, or circumvent security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

14. Agent Terms

14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and can be executed on behalf of or using a person’s device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with Section 14.4 at all times. No Agent may access, use, or interact with the Services if we have requested that it refrain from doing so.

14.3 We may limit, including by technical measures, whether and how an Agent accesses, uses, and interacts with the Services.

14.4 Agents must:

  • In all HTTP/HTTPS requests, identify that the request is from an Agent and disclose its name by including “Agent/[agent name]” in the request’s user agent string.

  • Not conceal or obscure that access, use, or interactions are from an Agent, including by mimicking human behavior or completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans.

  • Respond truthfully to questions or prompts seeking to determine whether interactions are coming from a human or a computer.

  • Not circumvent measures intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

15. Termination

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice. You will remain liable for amounts due up to and including the date of termination.

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

16. Disclaimer of Warranties

Information presented on or through the Services is made available for general information purposes. We do not warrant its accuracy, completeness, or usefulness. Reliance on such information is at your own risk. We disclaim liability and responsibility arising from reliance on such materials, to the extent permitted by applicable law.

EXCEPT AS EXPRESSLY STATED BY YEAR IN COLOR, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL YEAR IN COLOR, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.

THIS INCLUDES CLAIMS RELATED TO ERRORS OR OMISSIONS IN CONTENT, OR LOSS OR DAMAGE INCURRED THROUGH THE USE OF CONTENT OR PRODUCTS POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

NOTHING IN THESE TERMS OF SERVICE EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification

You agree to indemnify, defend, and hold harmless Year in Color, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to a third party due to or arising out of:

  1. Your breach of these Terms of Service or the documents they incorporate by reference.

  2. Your violation of any law or the rights of a third party.

  3. Your access to and use of the Services.

We will notify you of any indemnifiable claim. A failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of such a claim at your expense, including choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.

You will cooperate in the defense of indemnified claims, including by providing relevant documents.

19. Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall remain enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.

Nothing in these Terms limits any rights you may have under applicable consumer protection laws or other laws that cannot be waived by contract. If any part of these Terms conflicts with those rights, those rights will apply.

20. Waiver and Entire Agreement

Our failure to exercise or enforce a right or provision of these Terms of Service shall 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 or in relation to the Services constitute the entire agreement and understanding between you and us. They govern your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, including prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

21. 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. Any attempt to do so will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

22. Governing Law

These Terms are governed by the laws of the jurisdiction where Year in Color is headquartered or incorporated, without regard to conflict-of-law principles.

You and Year in Color consent to the jurisdiction and venue of the courts located in that jurisdiction, except where prohibited by applicable law.

Nothing in this section limits any rights you may have to bring claims in your local courts or rely on mandatory laws that apply in your place of residence.

23. Language and Headings

These Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between the English Terms and versions in another language, the most current English version will prevail.

Disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Year in Color or required by applicable law.

Headings are included for convenience only and do not limit or otherwise affect these Terms.

24. Electronic Communications

By using the Services or placing an order, you agree that we may send you transactional and service-related communications electronically, including by email, in-account notice, or posting on the Services.

These communications may relate to your orders, account, purchases, returns, these Terms of Service, or other Services-related matters. You are responsible for keeping your contact information current.

25. Changes to These Terms of Service

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

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

We will notify you of material changes in accordance with applicable law. Such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services following the posting of changes constitutes acceptance of those changes.

26. Contact Information

Questions about these Terms of Service should be sent to info@myyearincolor.com.

Our contact information is also available in our Contact Information Policy.