Terms of service

OVERVIEW

Welcome to The Enku Connection. The terms “we,” “us,” and “our” refer to The Enku Connection.

The Enku Connection operates this website and store, including all related information, content, features, tools, products, and services, to provide customers with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services.

These Terms of Service, together with the policies referenced in them, describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.

SECTION 1 — ACCESS AND ACCOUNTS

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority and have given permission for your minor dependents to use the Services on devices you own or manage.

To browse our store, create an account, or purchase products, you may be asked to provide information including your name, email address, billing information, payment information, and shipping address.

You represent that all information you provide is accurate, current, and complete and that you have the right to provide it.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account. You may not sell, transfer, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to represent and describe our products accurately. However, colors, textures, size, transparency, surface characteristics, inclusions, and other visual details may appear differently depending on your device, screen, lighting, and display settings.

Many of our gemstones, minerals, fossils, ethnographic objects, and handcrafted pieces are natural, antique, vintage, handmade, or individually produced. Natural variations, inclusions, wear, patina, irregularities, repairs, or other characteristics may be part of an item’s identity and are not necessarily defects.

Please review all photographs, measurements, descriptions, and condition information before purchasing. Contact us before placing an order if you require additional photographs or information.

We do not guarantee that a product’s appearance on your screen will precisely match its appearance in person.

Product descriptions, availability, and pricing may be corrected or changed without notice. We reserve the right to discontinue products and to limit quantities offered to any person, geographic area, or jurisdiction.

SECTION 3 — ORDERS

Placing an order constitutes an offer to purchase. We reserve the right to accept, decline, limit, or cancel an order for reasons including product availability, suspected fraud, payment problems, pricing or description errors, shipping limitations, or legal and regulatory concerns.

An order is not accepted until payment has been authorized and we confirm acceptance.

Please review your order carefully before submitting it. We may be unable to change or cancel an order after it has been accepted, processed, or shipped.

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

Purchases and returns are governed by our Return and Refund Policy.

Unless otherwise agreed to in writing, products purchased through the store are intended for the purchaser’s personal or household use and not for unauthorized resale or export.

SECTION 4 — PRICES, PAYMENT, AND BILLING

Prices, discounts, availability, and promotions may change without notice. The price charged will be the price displayed when the order is placed, subject to correction of errors.

Unless expressly stated otherwise, displayed prices do not include sales taxes, shipping charges, or handling charges. Applicable charges will be displayed during checkout before the order is submitted.

Prices offered online may differ from prices offered at events, shows, physical locations, or through third-party sales channels.

Promotions may be subject to additional conditions. If promotional terms conflict with these Terms, the promotional terms will govern that promotion.

You agree to provide accurate and complete purchase, billing, payment, and account information and to update this information when necessary.

You represent that:

• The payment information you provide is accurate and complete;

• You are authorized to use the selected payment method;

• Charges incurred will be honored by your payment provider; and

• You will pay all applicable product prices, shipping charges, and taxes.

SECTION 5 — SHIPPING AND DELIVERY

We currently offer online checkout and shipping to eligible addresses within the United States.

Orders are generally processed within 2–3 business days, excluding weekends and holidays. Delivery estimates begin after processing and are not guaranteed.

Orders below $1,000 are charged a flat $35 secure-shipping rate. Complimentary secure shipping is available on qualifying orders of $1,000 or more.

Orders are shipped through UPS or FedEx with tracking. Signature confirmation may be required. Shipping services and practices are further described in our Shipping Policy.

We are not responsible for delays caused by carriers, severe weather, natural disasters, service interruptions, incorrect or incomplete addresses, or other circumstances outside our reasonable control.

The Enku Connection retains responsibility for the shipment until the carrier records confirmed delivery to the shipping address provided with the order, subject to applicable law and the carrier’s delivery records.

After confirmed delivery, responsibility for protecting and securing the package and its contents transfers to the customer.

If a shipment appears lost, arrives damaged, or contains an incorrect item, contact us promptly. Retain all packaging and provide requested photographs and documentation so we can investigate the matter with the carrier.

International customers interested in eligible fossils or other selected items may contact us before purchasing. International availability, legal eligibility, shipping costs, customs documentation, duties, taxes, and delivery arrangements must be evaluated individually. International shipping is not currently available through standard website checkout.

SECTION 6 — INTELLECTUAL PROPERTY

The Services, including trademarks, trade names, logos, text, product descriptions, photographs, graphics, reviews, videos, audio, page designs, and the selection and arrangement of content, are owned by The Enku Connection, its affiliates, or its licensors and are protected by applicable intellectual-property laws.

You may use the Services only for personal, noncommercial purposes.

Without our prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, sell, or commercially exploit any material from the Services.

Nothing in these Terms grants you a license or ownership right in any trademark, copyright, patent, trade name, design, photograph, or other intellectual property belonging to The Enku Connection, Shopify, or any third party.

The Enku Connection’s name, logo, product names, service names, designs, and slogans may not be used without prior written authorization.

Shopify’s name, logo, product names, and service names are trademarks of Shopify. Other names, logos, products, and services appearing through the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools or services supplied by third parties that we do not control or monitor.

Access to third-party tools is provided “as is” and “as available,” without warranties, representations, endorsements, or conditions of any kind.

Your use of optional third-party tools is at your own risk. You should review and understand the terms imposed by the applicable provider before using them.

We may introduce additional features, tools, or resources in the future. Such additions will be considered part of the Services and will be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links, materials, integrations, or functionality provided or operated by third parties.

We are not responsible for examining or evaluating the accuracy, content, security, policies, products, or services of third-party websites.

If you leave our Services to access a third-party website, you do so at your own discretion and risk.

We are not liable for harm, loss, or damages arising from your access to or use of third-party websites, content, products, or services.

Review the policies and practices of third parties before engaging in a transaction with them. Questions or complaints concerning third-party products or services should be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

The Enku Connection is powered by Shopify, which enables us to provide the Services.

Sales and purchases made through our store are transactions directly between you and The Enku Connection.

Shopify is not responsible for any aspect of a sale between you and The Enku Connection, including any injury, damage, or loss arising from a purchased product or service.

To the extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with The Enku Connection.

SECTION 10 — PRIVACY

Personal information collected through the Services is handled according to our Privacy Policy.

Certain personal information may also be processed according to Shopify’s Privacy Policy.

Because Shopify hosts the Services, Shopify collects and processes certain information concerning access to and use of the Services to operate and improve its platform.

Information submitted through the Services may be transmitted to Shopify and other service providers, which may process information in countries other than the country in which you reside.

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

SECTION 11 — FEEDBACK AND REVIEWS

If you submit, upload, post, email, or otherwise provide ideas, feedback, reviews, photographs, proposals, suggestions, or other content (“Feedback”), you grant us a worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for purposes including operating, improving, and promoting the Services.

You represent that:

• You own or have the necessary rights to submit the Feedback;

• You have disclosed any compensation or incentive connected with the Feedback; and

• The Feedback complies with these Terms and applicable law.

We are not required to keep Feedback confidential, compensate you for Feedback, or respond to Feedback.

We may monitor, edit, decline, or remove Feedback that we believe is unlawful, misleading, offensive, defamatory, obscene, threatening, infringing, or otherwise objectionable.

Feedback must not violate another person’s copyright, trademark, privacy, publicity, or other rights. It must not contain malicious software, unlawful content, or materially false information.

You may not use a false identity or misrepresent the origin of Feedback. You remain responsible for the accuracy and legality of content you submit.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Information in the Services may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, condition, measurements, pricing, promotions, availability, shipping charges, or transit estimates.

We reserve the right to correct errors, update information, or cancel orders affected by inaccurate information at any time, including after an order has been submitted.

If an order is canceled after payment, the appropriate amount will be refunded according to the original payment method and applicable policies.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to:

• Violate any applicable federal, state, local, or international law;

• Infringe our intellectual-property rights or the rights of another party;

• Harass, threaten, abuse, defame, discriminate against, or harm another person;

• Transmit false, fraudulent, or misleading information;

• Send spam, phishing messages, malicious code, or unauthorized advertising;

• Impersonate another person or organization;

• Collect or track another person’s personal information without authorization;

• Interfere with the operation, security, or accessibility of the Services;

• Circumvent authentication, authorization, anti-fraud, or security measures;

• Scrape, copy, extract, reproduce, resell, or exploit the Services or their content without authorization; or

• Engage in activity that restricts another person’s use of the Services or exposes The Enku Connection, Shopify, or users to harm or liability.

We may suspend, limit, or terminate access when we reasonably believe these Terms have been violated.

SECTION 14 — AUTOMATED AGENTS

This section applies to software or services that autonomously or semi-autonomously access or interact with the Services (“Agents”).

Agents may not access or interact with the Services unless they accurately identify themselves and comply with all technical and legal requirements communicated by us.

We may limit or block Agent access through technical or administrative measures.

Agents must not:

• Conceal that access is automated;

• Mimic human behavior for the purpose of avoiding detection;

• Circumvent CAPTCHAs or other security measures;

• Provide false information when asked whether an interaction is automated; or

• Evade measures designed to block, limit, modify, or control automated access.

Where technically applicable, an Agent must identify itself in its user-agent information and provide the name of the Agent.

SECTION 15 — TERMINATION

We may suspend or terminate this agreement or access to all or part of the Services when permitted by law, including when we reasonably believe these Terms have been violated.

You remain responsible for amounts owed through the effective date of termination.

Provisions that by their nature should survive termination will remain effective, including provisions concerning intellectual property, Feedback, disclaimers, limitations of liability, indemnification, governing law, privacy, and amounts owed.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes.

We do not guarantee the accuracy, completeness, usefulness, availability, or uninterrupted operation of the Services.

Except as expressly stated by The Enku Connection and to the fullest extent permitted by law, the Services and products offered through the Services are provided “as is” and “as available,” without express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and noninfringement.

We do not guarantee that the Services will always be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, the exclusions apply only to the extent permitted by law.

Nothing in these Terms excludes warranties or consumer protections that cannot legally be waived.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, The Enku Connection and its owners, affiliates, employees, agents, contractors, service providers, and licensors, together with Shopify and its affiliates, will not be liable for indirect, incidental, punitive, special, exemplary, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages arising from the use of the Services or products purchased through the Services.

This limitation applies regardless of whether a claim is based in contract, tort, negligence, strict liability, statute, or another legal theory and regardless of whether the possibility of damages was disclosed.

Nothing in this section limits liability that cannot legally be excluded or limited.

SECTION 18 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend, and hold harmless The Enku Connection, Shopify, and their respective affiliates, owners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, and reasonable attorneys’ fees arising from:

• Your material breach of these Terms;

• Your violation of applicable law;

• Your infringement of another party’s rights; or

• Your misuse of the Services.

We will provide reasonable notice of an indemnifiable claim. A failure to provide prompt notice will not relieve your obligations unless the delay materially prejudices your ability to respond.

We may control the defense and settlement of the claim at your expense, but we will not agree to a settlement requiring a nonmonetary obligation from you without your reasonable consent.

You agree to cooperate in the defense of an indemnified claim.

SECTION 19 — SEVERABILITY

If a provision of these Terms is determined to be unlawful, void, or unenforceable, it will be enforced to the fullest extent permitted by law.

Any unenforceable portion will be severed without affecting the validity and enforceability of the remaining provisions.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a provision of these Terms does not waive that provision or any related right.

These Terms, together with the policies and operating rules posted through the Services, constitute the entire agreement between you and The Enku Connection concerning use of the Services and supersede prior or contemporaneous communications concerning that use.

Any ambiguity in these Terms will not automatically be interpreted against the drafting party.

SECTION 21 — ASSIGNMENT

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

We may assign or transfer these Terms and our rights and obligations in connection with a merger, acquisition, reorganization, sale of assets, change in control, or transfer of the business, subject to applicable law.

SECTION 22 — GOVERNING LAW

These Terms and any separate agreements through which we provide Services are governed by the laws of the State of Ohio, without regard to conflict-of-law principles.

Subject to applicable consumer-protection laws and any rights that cannot legally be waived, legal proceedings arising from these Terms or the Services will be brought in an appropriate state or federal court located in Ohio.

You and The Enku Connection consent to the jurisdiction of those courts to the extent permitted by law.

SECTION 23 — HEADINGS

Section headings are provided for convenience and do not limit or affect the meaning of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

You may review the current version of these Terms on this page.

We may update or replace portions of these Terms by posting a revised version through the Services.

When required by law, we will provide notice of material changes. Changes will become effective on the date stated in the notice or, if no date is stated, when posted.

Continued use of the Services after an effective revision constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms should be sent to:

The Enku Connection
Email: info@theenkuconnection.com
Business mailing address: 13940 Cedar Rd, #125, University Heights, OH 44118