Terms of Service

1. Acceptance of Terms
By accessing, browsing, or using Eshop Xpress LLC’s website (hereinafter referred to as "the Site"), purchasing products, or engaging with our services (collectively referred to as "the Services"), you (hereinafter referred to as "User" or "you") acknowledge that you have read, understood, and agree to be bound by these Terms of Service (hereinafter referred to as "Terms"), as well as our Privacy Policy and Shipping Terms. If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" shall refer to such entity. If you do not agree to these Terms, you may not use the Site or Services.
2. Scope of Services
Eshop Xpress LLC (hereinafter referred to as "we," "us," or "our") operates an e-commerce platform that offers Users the ability to browse, purchase, and receive physical products (hereinafter referred to as "Products") as listed on the Site. Our Services include, but are not limited to:
Provision of a digital platform for Product display, order placement, and payment processing;
Fulfillment of orders via shipping (as detailed in our Shipping Terms);
Customer support for order inquiries, returns, and other service-related issues (via support@eshopxponline.com or other designated channels);
Provision of product information, including descriptions, specifications, and pricing (subject to updates as outlined in Section 4).
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, for operational, business, or legal reasons.
3. User Eligibility & Responsibilities
3.1 Eligibility
To use the Services (including placing orders), you must be at least 18 years of age, or have the consent of a parent or legal guardian if you are between 13 and 17 years old. By using the Services, you confirm that you meet these eligibility requirements and that all information you provide to us is accurate, complete, and current.
3.2 Account Responsibilities
If you create an account on the Site, you are responsible for:
Maintaining the confidentiality of your account credentials (e.g., username, password);
Restricting access to your account to prevent unauthorized use;
Promptly notifying us via support@eshopxponline.com of any unauthorized access to or use of your account;
Updating your account information (e.g., email address, shipping address) as needed to ensure accuracy.
We shall not be liable for any loss or damage arising from your failure to comply with these account responsibilities.
3.3 Prohibited Uses
You agree not to use the Site or Services for any unlawful, fraudulent, or abusive purpose, including but not limited to:
Placing orders with false or misleading information (e.g., fake names, invalid payment methods);
Attempting to access, modify, or disrupt the Site’s technical infrastructure (e.g., servers, databases) or bypass security measures;
Using the Site to distribute malware, spam, or other harmful content;
Infringing on our intellectual property or the intellectual property of third parties (e.g., copying product images without permission);
Reselling Products purchased through the Site for commercial gain without our prior written consent.
We may terminate or suspend your access to the Services immediately if we determine that you have violated these prohibited uses.
4. Product Information & Pricing
4.1 Accuracy of Product Details
We make reasonable efforts to ensure that Product information on the Site (including descriptions, images, specifications, and availability) is accurate and up-to-date. However, we do not warrant that such information is error-free, complete, or current. In the event of a discrepancy (e.g., a Product image differs from the actual item), we reserve the right to correct the information and notify you of any material changes.
4.2 Pricing
All Product prices listed on the Site are in U.S. Dollars (USD) and exclude applicable taxes (e.g., sales tax, use tax) and shipping fees (unless otherwise stated in our Shipping Terms). We reserve the right to change prices at any time without prior notice. Price changes will not affect orders that have already been confirmed (i.e., orders for which we have processed payment and sent an order confirmation email).
4.3 Inventory & Backorders
Product availability is indicated on the Site (e.g., "In Stock," "Out of Stock," "Pre-Order"). We do not guarantee that all listed Products will be available at the time of order placement. If an item you ordered is unexpectedly out of stock after order confirmation, we will notify you via email within 24 hours and offer you the choice of:
Waiting for the item to be restocked (with an estimated delivery date);
Canceling the out-of-stock item and receiving a full refund for that item;
Exchanging the out-of-stock item for a similar Product (with price adjustments if applicable).
5. Orders & Payments
5.1 Order Placement & Confirmation
When you place an order on the Site, you are making an offer to purchase the selected Products. We reserve the right to accept or reject your order in our sole discretion (e.g., if the Product is out of stock, pricing is incorrect, or we suspect fraudulent activity). An order is only confirmed when we send you an order confirmation email containing your order number and details. Prior to confirmation, we may contact you to request additional information (e.g., verification of payment) to process the order.
5.2 Payment Terms
You agree to pay the total amount due for your order (including product prices, taxes, and shipping fees) using one of the payment methods accepted on the Site (e.g., credit cards, debit cards, PayPal). By providing payment information, you represent that you are authorized to use the payment method and that the information is accurate. We use third-party payment processors to handle payment transactions, and we do not store your full payment details (consistent with our Privacy Policy).
If a payment is declined (e.g., insufficient funds, expired card), we will notify you via email, and your order will be held until payment is successfully processed. We may cancel the order if payment is not resolved within 3 business days.
6. Returns & Refunds
6.1 Return Eligibility
You may return Products purchased through the Site within 30 days of delivery for a refund or exchange, provided that:
The Product is in its original condition (unused, unopened, with all tags and packaging intact);
The Product is not a "Final Sale" item (as indicated on the Product page);
You have a valid order number and proof of delivery.
Certain Products (e.g., personalized items, perishable goods) may be non-returnable; such restrictions will be clearly stated on the Product page.
6.2 Return Process
To initiate a return, please contact our customer support team via support@eshopxponline.com with your order number, the reason for the return, and photos of the Product (if applicable). We will respond with a Return Merchandise Authorization (RMA) number and instructions for shipping the Product back to us. You are responsible for the return shipping fee, unless the return is due to our error (e.g., wrong item shipped, damaged item).
Returned Products must be shipped within 7 days of receiving the RMA number. We reserve the right to refuse returns that do not include an RMA number or do not meet the return eligibility requirements.
6.3 Refunds
Once we receive and inspect the returned Product (typically within 3-5 business days of delivery to our warehouse), we will process the refund. Refunds will be issued to the original payment method and may take 5-7 business days to appear in your account (depending on your financial institution). Shipping fees are non-refundable unless the return is due to our error.
7. Intellectual Property
All content on the Site (including but not limited to text, logos, product images, graphics, and software) is the intellectual property of Eshop Xpress LLC or its licensors and is protected by U.S. copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, display, or use any of this content for commercial or non-commercial purposes without our prior written consent.
Our trademarks (e.g., "Eshop Xpress LLC," our logo) may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion among Users.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Eshop Xpress LLC shall not be liable for any indirect, incidental, consequential, special, or punitive damages (including but not limited to loss of profits, loss of data, or business interruption) arising out of or in connection with your use of the Site or Services, even if we have been advised of the possibility of such damages.
Our total liability to you for any direct damages arising from these Terms (e.g., defective Products, order errors) shall not exceed the total amount you paid for the specific Product or Service giving rise to the claim.
This limitation of liability does not apply to damages caused by our gross negligence, willful misconduct, or failure to comply with applicable laws (e.g., consumer protection laws).
9. Indemnification
You agree to indemnify, defend, and hold harmless Eshop Xpress LLC, its officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
Your use of the Site or Services;
Your violation of these Terms or any applicable laws;
Your infringement of our intellectual property or the intellectual property of third parties;
Any harm caused to third parties by your actions or omissions in connection with the Services.
10. Termination
We may terminate or suspend your access to the Site or Services at any time, with or without notice, if:
You violate any provision of these Terms;
We suspect fraudulent or unlawful activity associated with your account;
We discontinue the Services or a portion thereof.
Upon termination, your right to use the Services will immediately cease. Sections 7 (Intellectual Property), 8 (Limitation of Liability), 9 (Indemnification), 11 (Governing Law), and 12 (Miscellaneous) shall survive termination.
11. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of [State, e.g., California], without regard to its conflict of laws principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall first be resolved through good-faith negotiation between you and us. If the dispute cannot be resolved within 30 days of notification, either party may submit the dispute to binding arbitration in [City, State, e.g., Los Angeles, California] in accordance with the rules of the American Arbitration Association (AAA). The arbitration award shall be final and binding on both parties, and judgment upon the award may be entered in any court of competent jurisdiction.
You and we agree to waive the right to a jury trial for any disputes arising out of these Terms.
12. Miscellaneous
12.1 Changes to Terms
We may revise these Terms from time to time due to changes in business practices, legal requirements, or industry standards. Any revisions will be posted on the Site with an updated effective date. Your continued use of the Services after the revised Terms take effect constitutes your acceptance of the new Terms. For material changes (e.g., changes to refund policies, liability limitations), we will notify you via email (if you have provided a registered email address) at least 7 days before the changes take effect.
12.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
12.3 No Waiver
Our failure to enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision.
12.4 Entire Agreement
These Terms, together with our Privacy Policy and Shipping Terms, constitute the entire agreement between you and us with respect to the Site and Services, and supersede all prior or contemporaneous agreements, understandings, or representations (written or oral).
13. Contact Us
If you have any questions, concerns, or requests regarding these Terms, please contact our customer support team via:
Email: support@eshopxponline.com
We will respond to your inquiry within 24 business hours and provide assistance to resolve your issue.