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Europe Awake

Terms of Service

Terms of Service

Overview

Welcome to Europe Awake™. These Terms of Service ("Terms") govern your access to and use of the Europe Awake™ website, online store, and all related services, content, features, and products (collectively, the "Services"). The Services are operated by Europe Awake™ ("we," "us," or "our") and powered by Shopify.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

Please read these Terms carefully. They include important provisions regarding arbitration, class action waivers, and limitations of liability.

1. Eligibility and Your Account

You must be at least 18 years old to use the Services. By using the Services, you represent that you are at least 18 and that any information you provide — including your email, billing, payment, and shipping details — is accurate, current, and complete.

If you create an account, you are responsible for maintaining the security of your credentials and for all activity under your account. Do not share, transfer, sell, or assign your account to anyone else.

You may allow minor dependents to use the Services on devices you own or manage, but you accept full responsibility for their activity.

2. Products

We strive to accurately represent our products in our online store. However, colors, textures, and appearance may vary depending on your device and display settings. We do not guarantee that any product will match its on-screen depiction exactly.

All product descriptions, pricing, and availability are subject to change without notice. We reserve the right to discontinue any product at any time.

3. Orders

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline any order at our sole discretion. Your order is not accepted until we confirm acceptance and process your payment.

Review your order carefully before submitting. We may not be able to accommodate cancellation requests after an order is accepted. If we decline, modify, or cancel an order, we will attempt to notify you using the contact information you provided.

All purchases are subject to our Refund Policy.

4. Pricing and Payment

Prices are subject to change without notice. The price charged will be the price in effect when your order is placed, as confirmed in your order confirmation email. Posted prices do not include taxes, shipping, handling, or customs charges unless stated otherwise.

Online prices may differ from prices in physical retail locations or third-party stores.

By placing an order, you represent that:

  • Your payment information is accurate and complete
  • You are authorized to use the payment method
  • Your payment provider will honor the charges
  • You will pay all charges at the posted prices, including applicable taxes and shipping

Promotional pricing is governed by its own terms. If those terms conflict with these Terms, the promotional terms apply.

5. Shipping and Delivery

All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, or other events outside our control.

Once a product is transferred to the shipping carrier, title and risk of loss pass to you.

6. Intellectual Property

The Services — including all trademarks, text, images, graphics, video, audio, designs, and their arrangement — are owned by Europe Awake™, our affiliates, or our licensors, and are protected by U.S. and international intellectual property laws.

You may use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, download, store, or transmit any material from the Services without our prior written consent.

"Europe Awake™," our logos, product names, and designs are trademarks of Europe Awake™ or our affiliates. Shopify's name and logo are trademarks of Shopify. All other trademarks belong to their respective owners.

No license or right is granted under any patent, trademark, copyright, or other intellectual property except as expressly stated in these Terms. Unauthorized use may violate applicable law. All rights not expressly granted are reserved.

7. User Feedback and Content

If you submit ideas, suggestions, feedback, reviews, 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 any purpose, including commercial use.

By submitting Feedback, you represent that:

  • You own or have all necessary rights to the Feedback
  • You have disclosed any compensation received in connection with the Feedback
  • The Feedback does not violate any third party's rights or any applicable law

We have no obligation to maintain Feedback in confidence, compensate you for it, or respond to it. We may remove Feedback that we determine to be unlawful, offensive, or in violation of these Terms.

You may not use a false identity or misrepresent the origin of any Feedback. You are solely responsible for your Feedback and its accuracy.

8. Electronic Communications

By using the Services or providing your contact information, you consent to receive electronic communications from us, including:

  • Order confirmations, shipping updates, and other transactional messages
  • Promotional emails, marketing messages, and newsletters
  • SMS or text messages related to your orders or account

You may opt out of promotional communications at any time by following the unsubscribe instructions in the message or by contacting us. Opting out of promotional messages does not affect transactional communications related to your orders or account.

Message and data rates may apply to SMS communications. Message frequency varies.

9. Third-Party Tools

We may provide access to third-party tools and services as part of the Services. These tools are provided "as is" and "as available" without any warranties or endorsement from us.

Your use of third-party tools is at your own risk. We have no liability arising from your use of these tools. Review the third party's own terms before using their tools.

We may add new features and tools to the Services in the future. These will also be subject to these Terms.

10. Third-Party Links

The Services may contain links to third-party websites or embedded third-party content. We are not responsible for the content, accuracy, or practices of third-party sites.

If you leave the Services to access third-party content, you do so at your own risk. Complaints or claims about third-party products and services should be directed to the third party.

11. Relationship with Shopify

Europe Awake™ is powered by Shopify. All purchases made through our store are made directly with Europe Awake™ — not with Shopify.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of your transactions with us, including any injury, damage, or loss from purchased products. You release Shopify and its affiliates from all claims, damages, and liabilities arising from your purchases and transactions with Europe Awake™.

12. Privacy

Personal information we collect is governed by our Privacy Policy and, where applicable, Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain data about your use of the Services. Your information may be transmitted to and shared with Shopify and third-party service providers, which may be located outside your country of residence. See our Privacy Policy for details.

13. Errors and Inaccuracies

Information on the Services may occasionally contain errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability.

We reserve the right to correct any errors and to change or update information — or cancel orders based on inaccurate information — at any time without prior notice, including after you have submitted your order.

14. Prohibited Uses

You may only use the Services for lawful purposes. You agree not to:

  • Use the Services for any unlawful or harmful purpose
  • Violate any applicable law, regulation, or ordinance
  • Infringe on the intellectual property rights of Europe Awake™ or any third party
  • Harass, abuse, defame, or harm any person, including our employees
  • Transmit false or misleading information
  • Send spam, junk mail, chain letters, or unsolicited promotions
  • Impersonate any person or entity
  • Upload viruses, malware, or any code that could affect the Services
  • Reproduce, copy, sell, or exploit any part of the Services without authorization
  • Collect or track the personal information of others
  • Spider, crawl, scrape, or otherwise systematically access the Services
  • Interfere with or circumvent the security features of the Services
  • Use bots, scripts, or automated tools to purchase products or access the Services

We may suspend or terminate your account at any time, without notice, if you violate these Terms.

15. Termination

We may terminate these Terms or your access to the Services at any time, without notice, at our sole discretion. You remain liable for all amounts due through the date of termination.

The following sections survive termination: Intellectual Property, User Feedback and Content, Disclaimer of Warranties, Limitation of Liability, Indemnification, Arbitration, and any other provisions that by their nature should survive.

16. Disclaimer of Warranties

The information on the Services is provided for general purposes only. We do not warrant its accuracy, completeness, or usefulness. Any reliance on it is at your own risk.

THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, Europe Awake™, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES OR ANY PRODUCT SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.

THESE LIMITATIONS DO NOT APPLY TO LIABILITY ARISING FROM: (A) DEFECTIVE PRODUCTS; (B) PERSONAL INJURY; (C) OUR GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT; OR (D) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

18. Indemnification

You agree to indemnify, defend, and hold harmless Europe Awake™, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, and service providers from any claims, damages, liabilities, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your breach of these Terms
  • Your violation of any law or third-party rights
  • Your access to or use of the Services

We will notify you of any indemnifiable claim. Our failure to promptly notify you does not relieve your obligations unless you are materially prejudiced. We may control the defense and settlement of such claims at your expense, but will not agree to any settlement requiring non-monetary obligations from you without your consent.

19. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Informal Resolution First

Before initiating arbitration, you agree to contact us at contact@europeawake.org with a written description of your dispute. We will attempt to resolve the dispute informally within 30 days. If we cannot resolve it within that period, either party may initiate arbitration.

Binding Arbitration

Any dispute, claim, or controversy arising from or relating to these Terms or the Services — including their formation, existence, breach, termination, enforcement, or validity — shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

The arbitration will take place in the State of California, unless you and Europe Awake™ agree otherwise. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

You and Europe Awake™ agree that all disputes will be resolved on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

Small Claims Exception

Either party may bring an individual action in small claims court if the claim falls within that court's jurisdiction.

Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to contact@europeawake.org within 30 days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out. If you opt out, the Governing Law and jurisdiction provisions of these Terms will apply to any disputes.

Severability of Arbitration Provisions

If the class action waiver is found to be unenforceable, the entire arbitration agreement in this section shall be void. If any other part of this section is found unenforceable, the remaining provisions will still apply.

20. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law. The unenforceable portion will be severed, and the remaining provisions will continue in full force and effect.

21. 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 and any policies or rules posted on the Services, constitute the entire agreement between you and Europe Awake™ regarding your use of the Services. They supersede all prior agreements, communications, and proposals, whether oral or written.

Ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

22. Assignment

You may not transfer or assign these Terms or any of your rights or obligations without our prior written consent. Any attempt to do so is void. We may transfer or assign these Terms without your consent or notice.

23. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. If arbitration does not apply to a particular dispute, you and Europe Awake™ consent to the exclusive jurisdiction of the federal and state courts located in the State of California.

24. Changes to These Terms

We may update these Terms at any time by posting the revised version on this page. We will notify you of material changes in accordance with applicable law.

Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

25. Contact

Questions about these Terms should be sent to contact@europeawake.org.

Europe Awake™ contact@europeawake.org

Last updated: February 14th, 2026