Terms of service
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 in our store 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 of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make every reasonable effort to accurately describe and photograph the products offered in our online store. However, colors, finishes, wear, and overall appearance may vary from how they appear on your screen due to lighting, photography, your device, and display settings.
Many of our products are pre-owned, vintage, or otherwise unique. As a result, items may show normal signs of age, use, wear, dust, residue, cosmetic imperfections, or other evidence of prior ownership. Some items may require additional or deep cleaning depending on the buyer’s personal standards and intended use. We encourage customers to review all product photos and descriptions carefully before purchasing.
We do not warrant that the appearance or quality of any product or service purchased will meet your expectations or appear exactly as depicted on your screen.
Product descriptions, availability, and pricing may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - PRODUCT USE AND SAFETY
Customers are responsible for using all products safely, properly, and in accordance with any applicable manufacturer instructions, warnings, specifications, and intended uses.
Many products sold by Excelled Sales LLC are pre-owned, vintage, discontinued, or otherwise previously used. Unless specifically stated in the product listing, we do not represent that an item has been inspected, certified, serviced, or approved by the original manufacturer or by a qualified professional for any particular application.
Before use, customers should inspect products for condition, damage, wear, missing components, recalls, safety concerns, or other issues that could affect safe operation. Electrical, mechanical, automotive, marine, industrial, appliance, tool, and similar products should be installed, serviced, or evaluated by a qualified professional when appropriate.
To the fullest extent permitted by applicable law, Excelled Sales LLC is not responsible for injury, property damage, loss, or other damages resulting from misuse, improper installation, improper operation, unauthorized modification or repair, failure to follow applicable manufacturer instructions or warnings, or use of a product for a purpose for which it was not designed.
Nothing in this section excludes or limits any liability that cannot legally be excluded or limited under applicable law.
SECTION 4 - ORDERS
When you place an order, you are making an offer to purchase. Excelled Sales LLC reserves the right to accept or decline your order for any reason at our discretion. Your order is not accepted until Excelled Sales LLC confirms acceptance and your payment has been successfully received and processed.
Please review your order carefully before submitting it. Once an order has been accepted or entered into processing, we may be unable to accommodate cancellation or modification requests.
If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.
Purchases are subject to returns or refunds solely in accordance with our Refund Policy [REFUND POLICY LINK].
SECTION 5 - 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 at the time the order is placed and will be reflected in your order confirmation.
Unless otherwise stated, posted prices do not include applicable taxes, shipping charges, handling charges, customs duties, import fees, or other charges that may apply to your order.
Prices on our website may differ from prices offered through third-party marketplaces, sales channels, or other platforms. We may occasionally offer promotions, discounts, or special offers that are subject to separate terms and conditions. If the terms of a promotion conflict with these Terms of Service, the promotion terms will control.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store and to promptly update your information as necessary so that we can complete transactions and contact you when needed.
You represent and warrant that the payment information you provide is accurate and complete, that you are authorized to use the selected payment method, and that all charges incurred by you will be honored by your payment provider. You agree to pay all applicable charges associated with your purchase, including shipping, handling, taxes, duties, and other applicable fees.
SECTION 6 - SHIPPING AND DELIVERY
Shipping and delivery times are estimates only and are not guaranteed. Excelled Sales LLC is not responsible for delays caused by shipping carriers, weather, customs processing, service disruptions, incorrect or incomplete delivery information, or other events outside our reasonable control.
Once an order has been transferred to the shipping carrier, delivery is subject to the carrier’s terms, procedures, and service availability. If an order is lost or damaged in transit, please contact us promptly so we can review the matter and assist with any available carrier claim or shipping protection process.
SECTION 7 - INTELLECTUAL PROPERTY
The Services, including our website design, text, graphics, photographs, images, videos, audio, logos, branding, and other original content created or owned by Excelled Sales LLC, are owned by or licensed to Excelled Sales LLC and are protected by applicable U.S. and international copyright, trademark, and other intellectual property laws.
These Terms permit you to access and use the Services for your personal, non-commercial use. Unless otherwise permitted by law or expressly authorized by us in writing, you may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit materials owned by Excelled Sales LLC.
Nothing in these Terms grants you any license or other right to use the intellectual property of Excelled Sales LLC, Shopify, or any third party except as expressly provided herein. All rights not expressly granted are reserved.
The Excelled Sales LLC name, logos, designs, branding, and slogans used by us may be trademarks or other protected intellectual property of Excelled Sales LLC. You may not use our branding without our prior written permission. Shopify’s name, logos, product and service names, designs, and slogans are trademarks of Shopify. All other trademarks, brand names, product names, logos, and other intellectual property appearing through the Services remain the property of their respective owners.
SECTION 8 - OPTIONAL TOOLS
From time to time, the Services may provide access to tools, features, applications, or services offered by third parties that we do not monitor, control, or operate.
You acknowledge and agree that access to such third-party tools is provided on an “as is” and “as available” basis, without warranties, representations, conditions, or endorsements of any kind. To the fullest extent permitted by law, Excelled Sales LLC is not responsible for any loss, damage, or other issue arising from your use of optional third-party tools or services.
Your use of any third-party tools or services is at your own risk and discretion. You are responsible for reviewing and agreeing to the terms, policies, and conditions of the applicable third-party provider.
We may add new features, tools, services, or resources to the Services in the future. Any such additions will also be considered part of the Services and will be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
The Services may contain links to, or content provided by, third-party websites, applications, or services, including embedded third-party functionality. Excelled Sales LLC does not control and is not responsible for reviewing, monitoring, or verifying the accuracy, content, policies, or practices of third-party websites or services.
If you choose to access a third-party website or service through a link provided on our website, you do so at your own risk. Excelled Sales LLC is not responsible for any loss, damage, or other issue arising from your access to or use of third-party websites, or from any products, services, resources, or content offered by third parties.
We encourage you to review the applicable terms, privacy policies, and other practices of any third-party provider before completing a transaction or providing personal information. Any questions, complaints, claims, or concerns regarding third-party products or services should be directed to the applicable third party.
SECTION 10 - RELATIONSHIP WITH SHOPIFY
Excelled Sales LLC 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 Excelled Sales LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Excelled Sales LLC, 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 Excelled Sales LLC.
SECTION 11 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed [PRIVACY POLICY LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed at https://www.shopify.com/legal/privacy/app-users. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and other service providers, including providers located outside the country in which you reside, where necessary to provide the Services.
Please review our Privacy Policy [PRIVACY POLICY LINK] for more information about how Excelled Sales LLC, Shopify, and our service providers collect, use, and process personal information.
SECTION 12 - FEEDBACK
If you submit, upload, post, email, or otherwise provide any ideas, suggestions, feedback, reviews, proposals, plans, photographs, or other content (collectively, “Feedback”), you grant Excelled Sales LLC a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise use such Feedback in any medium for any lawful purpose, including commercial purposes.
You represent and warrant that: (i) you own or have all necessary rights to the Feedback you submit; (ii) you have disclosed any compensation or incentives received in connection with that Feedback; and (iii) your Feedback complies with these Terms of Service.
Excelled Sales LLC is under no obligation to keep Feedback confidential, provide compensation for Feedback, or respond to Feedback. We may, but are not required to, monitor, edit, or remove Feedback that we determine, in our discretion, to be unlawful, offensive, threatening, defamatory, obscene, infringing, or otherwise objectionable, or that violates these Terms.
You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. Your Feedback must not contain unlawful, abusive, obscene, defamatory, or malicious content, including viruses or other harmful code.
You may not use a false identity or otherwise mislead Excelled Sales LLC or third parties about the origin of any Feedback. You are solely responsible for the Feedback you submit and its accuracy. To the fullest extent permitted by law, Excelled Sales LLC assumes no responsibility or liability for Feedback submitted by you or any third party.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, condition, pricing, promotions, offers, shipping charges, estimated transit times, availability, or other product information.
Excelled Sales LLC reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We also reserve the right to cancel or modify an order if information relating to that order is materially inaccurate, including after the order has been submitted, subject to applicable law.
SECTION 14 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any unlawful, fraudulent, or malicious purpose;
(b) to violate any applicable international, federal, state, provincial, or local law or regulation;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, threaten, defame, intimidate, or otherwise harm any person;
(e) to transmit false, deceptive, or misleading information;
(f) to send or distribute unsolicited advertising, promotional material, “junk mail,” chain letters, spam, or similar solicitations;
(g) to impersonate or attempt to impersonate any person or entity; or
(h) to engage in conduct that restricts or interferes with another person’s use or enjoyment of the Services, or that may harm Excelled Sales LLC, Shopify, or users of the Services.
In addition, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services except as expressly permitted;
(c) collect or track the personal information of others without authorization;
(d) spam, phish, pharm, pretext, scrape, or engage in similar abusive activity;
(e) use any robot, spider, scraping tool, data gathering or extraction tool, automated device, or process to access the Services in a manner that violates these Terms or applicable law; or
(f) interfere with, bypass, or circumvent any security, authorization, access-control, robot exclusion, or other measures we employ to restrict access to the Services.
We reserve the right to suspend, disable, or terminate your account or access to the Services if we determine that you have violated any part of these Terms.
SECTION 15 - AGENTS
15.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person’s device without direct supervision.
15.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 15.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.
15.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
15.4 Agents must:
(i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request’s user-agent string: “Agent/[agent name]”;
(ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans;
(iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and
(iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 16 - 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, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 17 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general informational purposes only. While we make reasonable efforts to provide accurate and current information, Excelled Sales LLC does not warrant the accuracy, completeness, reliability, or usefulness of all information presented through the Services. Any reliance you place on such information is at your own risk.
Unless expressly stated otherwise by Excelled Sales LLC, the Services and all products offered through the Services are provided on an “as is” and “as available” basis, without representations, warranties, or conditions of any kind, either express or implied.
To the fullest extent permitted by applicable law, Excelled Sales LLC disclaims all implied warranties or conditions, including merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Many products sold by Excelled Sales LLC are pre-owned, vintage, discontinued, or otherwise unique. Unless specifically stated in the product listing, we do not guarantee that an item will be free from cosmetic wear, signs of prior use, age-related deterioration, missing accessories, or the need for additional cleaning, maintenance, adjustment, or repair. Customers should review all product descriptions and photographs carefully before purchase.
We do not guarantee that access to the Services will be uninterrupted, timely, secure, or error-free.
Some jurisdictions do not allow the exclusion or limitation of certain implied warranties, so some or all of the above disclaimers may not apply to you.
SECTION 18 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL EXCELLED SALES LLC, 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 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 (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Excelled Sales LLC, 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, payable to any 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; or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by Excelled Sales LLC on this website or otherwise incorporated by reference, constitute the entire agreement between you and Excelled Sales LLC regarding your use of the Services. They supersede any prior or contemporaneous agreements, communications, representations, or proposals, whether oral or written, relating to the Services, including any prior versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service will not be construed against the party that drafted them.
SECTION 22 - 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 your consent or notice to you.
SECTION 23 - GOVERNING LAW
These Terms of Service, and any separate agreements through which Excelled Sales LLC provides Services to you, will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles.
To the extent permitted by applicable law, any legal action or proceeding arising out of or relating to these Terms of Service or the Services will be brought in the state or federal courts located in the jurisdiction where Excelled Sales LLC is headquartered, and you consent to the personal jurisdiction and venue of those courts.
SECTION 24 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 25 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the 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 of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice.
Your continued use of or access to the Services following the posting or effective date of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at excelledsales@gmail.com.
Our contact information is:
Excelled Sales LLC
Email: excelledsales@gmail.com