Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Tropicasso!

Tropicasso is a brand operated by Ever Vantage Limited, a company based in Hong Kong. The terms “we,” “us,” and “our” refer to Ever Vantage Limited, operating as Tropicasso.

Tropicasso 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”).

Tropicasso is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, 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, available at:

https://tropicasso.shop/policies/privacy-policy

If you do not agree to these Terms of Service or our 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, province, territory, or country of residence, or that 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 information, payment information, and shipping information.

You represent and warrant that all information you provide to us is correct, current, and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity occurring under your account.

You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to accurately display and describe the products offered through our online store.

However, product colors, textures, grain patterns, shapes, dimensions, and other visual characteristics may appear differently depending on your screen, device, lighting, photography, and display settings.

Many Tropicasso products are handcrafted and/or made using natural materials. Because of the natural and handmade nature of these products, variations in color, shape, texture, grain, size, and appearance may occur from one item to another.

These natural variations are not necessarily considered defects.

We do not guarantee that the appearance of a product purchased from us will be identical to photographs displayed on our website.

All product descriptions, specifications, prices, and availability are subject to change without notice.

We reserve the right to discontinue any product at any time.

We may also limit the quantities of products available to any person, geographic region, or jurisdiction where reasonably necessary.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase products from Tropicasso.

We reserve the right to accept, reject, limit, or cancel an order where reasonably necessary, including in cases involving suspected fraud, payment issues, inventory errors, pricing errors, shipping restrictions, or other circumstances affecting our ability to fulfill the order.

Your order is not considered accepted until payment has been successfully processed and we confirm your order.

Please review your order carefully before submitting it.

We may not always be able to accommodate cancellation or modification requests after an order has entered fulfillment.

If we cancel or materially modify an order, we will attempt to notify you using the email address, billing information, shipping information, or telephone information provided with your order.

Returns, refunds, and exchanges are governed by our Refund Policy:

https://tropicasso.shop/policies/refund-policy

You represent that products purchased through our retail store are primarily intended for your personal or household use unless otherwise agreed by us.

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 shown at the time the order is placed, subject to correction of obvious errors.

The applicable price will also be shown in your order confirmation.

Unless expressly stated otherwise, displayed prices may not include applicable taxes, customs duties, import charges, shipping charges, or other government-imposed charges.

For customers located in jurisdictions where taxes are required to be collected at checkout, applicable taxes may be calculated and added to the order.

International customers may be responsible for customs duties, import taxes, brokerage fees, or similar charges imposed by their destination country unless we specifically state that such charges are included.

Prices displayed on our website may differ from prices offered through third-party marketplaces, retailers, wholesale platforms, or promotional channels.

We may offer promotions from time to time that are subject to additional terms and conditions.

You agree to provide current, complete, and accurate purchase, billing, payment, and account information for all purchases made through our store.

You agree to promptly update information when necessary so that we can complete transactions and contact you regarding your order.

You represent and warrant that you are authorized to use the payment method submitted with your order.

SECTION 5 – SHIPPING AND DELIVERY

We ship orders according to the shipping methods, destinations, rates, and estimated delivery times made available through our website.

Additional information regarding shipping may be available in our Shipping Policy.

Processing and delivery times are estimates and are not guaranteed unless expressly stated otherwise.

Delivery may be delayed because of circumstances outside our reasonable control, including carrier delays, severe weather, natural disasters, customs processing, transportation disruptions, incorrect addresses, government actions, or other unforeseen events.

Customers are responsible for providing a complete and accurate shipping address.

If a package is returned because an incorrect, incomplete, or undeliverable address was provided, additional shipping charges may apply where permitted by law.

For international orders, customers may be responsible for import duties, taxes, customs charges, and other fees unless the order specifically states otherwise.

Nothing in this section limits any rights you may have under mandatory consumer protection laws applicable to your purchase.

SECTION 6 – INTELLECTUAL PROPERTY

The Services, including our trademarks, brand names, logos, text, graphics, photographs, product images, illustrations, video, audio, product descriptions, website design, and other content, are owned by or licensed to Ever Vantage Limited, Tropicasso, Shopify, or their respective licensors and may be protected by copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

Unless permitted by law or authorized by us in writing, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, sell, or commercially exploit material from the Services.

Nothing in these Terms grants you ownership of or a license to any trademark, copyright, patent, trade name, design, logo, or other intellectual property belonging to Tropicasso, Ever Vantage Limited, Shopify, or any third party except as expressly stated.

The Tropicasso name, logo, product names, designs, and related brand elements may not be used without our prior written permission.

Shopify's name, logo, products, and services remain the property of Shopify and its respective licensors.

All other trademarks appearing through the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools, applications, payment services, integrations, or other functionality offered by third parties.

We may not monitor or control all such third-party tools.

Access to optional third-party tools may be provided on an “as is” and “as available” basis, subject to applicable law.

Your use of third-party tools may also be governed by the terms and privacy policies of the applicable third-party provider.

You should review those terms before using third-party tools.

We may introduce new features, tools, or resources in the future, and such features may form part of the Services and be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to websites, applications, platforms, or services operated by third parties.

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

If you choose to access a third-party website or service, you do so subject to that third party's terms and policies.

Complaints, concerns, or questions regarding third-party products or services should generally be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Tropicasso is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through the Tropicasso store are made directly from Ever Vantage Limited, operating as Tropicasso.

Shopify is not the seller of Tropicasso products.

By using the Services, you acknowledge that Shopify is not responsible for the products purchased from Tropicasso or for transactions between you and Tropicasso, except to the extent otherwise required by applicable law.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy:

https://tropicasso.shop/policies/privacy-policy

Certain personal information may also be processed by Shopify in accordance with Shopify's privacy practices.

Shopify's privacy information may be viewed at:

https://www.shopify.com/legal/privacy

Because our store is hosted by Shopify, Shopify may process personal information relating to your access to and use of the Services in order to operate, protect, and improve its platform and services.

Information may also be shared with service providers and partners where necessary to process payments, fulfill orders, provide customer service, prevent fraud, operate the website, or otherwise provide the Services.

Please review our Privacy Policy for additional information about how personal information is collected, used, stored, and shared.

SECTION 11 – FEEDBACK, REVIEWS, AND USER CONTENT

If you submit, upload, post, email, or otherwise provide ideas, suggestions, reviews, photographs, comments, proposals, feedback, or other content to us (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for purposes related to our business, Services, marketing, and promotion, subject to applicable law.

You represent that:

  1. you own the Feedback or have the rights necessary to provide it;

  2. the Feedback does not violate the intellectual property, privacy, publicity, or other rights of another person;

  3. you have disclosed any compensation or incentive received in connection with a review where disclosure is required by law; and

  4. the Feedback does not contain unlawful, defamatory, abusive, fraudulent, or malicious content.

We may remove Feedback that we reasonably determine violates these Terms or applicable law.

You are responsible for the accuracy and lawfulness of Feedback you submit.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, delivery estimates, or other information.

We reserve the right to correct errors or inaccuracies, update information, and cancel or modify orders affected by an obvious error, subject to applicable law.

If an order is cancelled after you have been charged, the applicable payment amount will be refunded.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services:

  • for any unlawful or fraudulent purpose;

  • to violate applicable international, federal, state, provincial, territorial, or local laws;

  • to infringe our intellectual property rights or the rights of others;

  • to harass, abuse, threaten, defame, intimidate, or harm another person;

  • to submit false, fraudulent, or misleading information;

  • to transmit malware, viruses, malicious code, or other harmful technology;

  • to send unsolicited spam or other unlawful promotional communications;

  • to impersonate another person or entity;

  • to interfere with the security, operation, functionality, or integrity of the Services;

  • to unlawfully collect or track personal information belonging to others;

  • to circumvent security measures or access controls;

  • to scrape, extract, copy, or commercially exploit website content in violation of applicable law or these Terms.

We reserve the right to restrict, suspend, or terminate access to the Services where we reasonably believe these Terms have been violated.

SECTION 14 – AUTOMATED SYSTEMS AND AGENTS

Automated systems, bots, artificial intelligence agents, scraping tools, or similar technologies may not access or interact with the Services in a manner that violates these Terms, applicable law, website security measures, or technical restrictions.

Automated systems must not attempt to circumvent CAPTCHAs, authentication mechanisms, access restrictions, robot exclusion protocols, or other security measures.

We may restrict or block automated access where reasonably necessary to protect the Services, our customers, our content, or our systems.

SECTION 15 – TERMINATION

We may restrict, suspend, or terminate your access to some or all of the Services if you materially violate these Terms, engage in fraudulent or unlawful activity, interfere with our systems, or create a security risk.

Any obligations or liabilities incurred before termination remain enforceable.

Sections that by their nature should survive termination will remain in effect, including provisions relating to intellectual property, limitations of liability, indemnification, privacy, governing law, and dispute-related provisions.

SECTION 16 – DISCLAIMER OF WARRANTIES

To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

We make reasonable efforts to provide accurate product and website information but do not guarantee that all information will always be complete, current, uninterrupted, secure, or error-free.

To the fullest extent permitted by law, we disclaim warranties that are not expressly stated in these Terms or required by applicable law.

Nothing in these Terms excludes or limits warranties, guarantees, or consumer rights that cannot legally be excluded.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Ever Vantage Limited, Tropicasso, our affiliates, directors, officers, employees, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages arising from your use of the Services or purchase of products, including loss of profits, revenue, data, or business opportunities.

This limitation applies only to the extent permitted by applicable law.

Nothing in these Terms excludes or limits liability where such liability cannot lawfully be excluded or limited, including any mandatory consumer rights that apply to you.

SECTION 18 – INDEMNIFICATION

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

  1. your material breach of these Terms;

  2. your violation of applicable law;

  3. your infringement of another person's rights; or

  4. your unlawful misuse of the Services.

This section does not apply where prohibited by applicable consumer law.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

The unenforceable portion will be considered severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 20 – WAIVER AND 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 our Privacy Policy, Refund Policy, Shipping Policy, and other policies or rules posted through the Services, constitute the agreement between you and us regarding your use of the Services.

These Terms supersede prior agreements or communications relating to the same subject matter, except where otherwise agreed in writing.

SECTION 21 – ASSIGNMENT

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

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

SECTION 22 – 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 Hong Kong Special Administrative Region, without regard to conflict-of-law principles.

However, nothing in these Terms limits any mandatory consumer rights or protections available to you under the laws of your country, state, province, territory, or jurisdiction of residence that cannot lawfully be excluded by contract.

If you are a consumer in the United States, applicable federal and state consumer protection laws may apply to your purchase regardless of the governing-law provision above.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 – CHANGES TO THESE 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, modify, or replace portions of these Terms by posting revised Terms on our website.

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

Changes will become effective on the date stated in the updated Terms or notice.

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

SECTION 25 – CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Email:
tropicassoshop@gmail.com

Legal Company:
Ever Vantage Limited
Operating as Tropicasso
Flat/Rm 2504, Block 1, 25/F
Lippo Centre
89 Queensway
Admiralty
Hong Kong

U.S. Fulfillment and Returns Address:
Tropicasso
4786 1st Ave S
Suite E8
Seattle, WA 98134
United States

Please review our Refund Policy before mailing a return. Returns sent without following the applicable return instructions may experience processing delays.