Terms of service
Terms of Service
160Avenue
How to read this document: each section states our general terms, which apply worldwide. Where the law for consumers in the European Union or European Economic Area (“EU/EEA”) requires something different, a marked “For customers in the EU/EEA” sentence sets out the position for those customers and prevails over the general term for them.
Overview
Welcome to 160Avenue! The terms “we”, “us” and “our” refer to 160Avenue. 160Avenue 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”). 160Avenue is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services. Please read them 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 (https://160avenue.com/policies/privacy-policy). If you do not agree, you should not use or access our Services.
Your Consumer Rights (applies to all consumers)
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy you may have under mandatory consumer-protection law that cannot be excluded or limited by agreement. Where any provision of these Terms conflicts with such mandatory rights, those rights prevail.
For customers in the EU/EEA: This includes your rights under Directive 2011/83/EU on consumer rights (including the 14-day right of withdrawal for distance contracts) and the statutory legal guarantee of conformity under Directive (EU) 2019/771, which gives you a minimum two-year guarantee that goods conform to the contract. These rights apply regardless of where we are established or where goods are shipped from.
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, or that you are using the Services under the supervision of a parent or guardian. The Services are not directed to children, and we do not knowingly collect personal information from children.
To use the Services, including accessing or browsing our online stores or purchasing any products or services, 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 is correct, current and complete and that you have all rights necessary to provide it.
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.
For customers in the EU/EEA: Where we rely on consent to process the personal data of a child in connection with the Services, such consent is valid only where given or authorised by a parent or guardian if the child is below the age set by your member state (between 13 and 16 years), in accordance with Article 8 GDPR.
Section 2 — Our Products
We have made every effort to provide an accurate representation of our products and services. However, colours or product appearance may differ from how they appear on your screen due to your device and its settings.
We do not warrant that the appearance or quality of products or services will meet your expectations or be the same as depicted in our online stores. All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product and to limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
For customers in the EU/EEA: This does not affect your statutory legal guarantee that goods must match their description and be of the quality and performance you can reasonably expect. Minor on-screen colour variation does not by itself amount to a lack of conformity, but goods that are faulty or materially different from how they were described remain subject to your statutory remedies (see our Refund Policy).
Section 3 — Orders
When you place an order, you are making an offer to purchase. 160Avenue reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until 160Avenue confirms acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy (https://160avenue.com/policies/refund-policy). You represent that your purchases are for your own personal or household use and not for commercial resale or export.
For customers in the EU/EEA: Your statutory right to withdraw from a distance contract within 14 days applies regardless of whether your order has been accepted, and is not affected by the cancellation limitation above. Details are set out in our Refund Policy.
Section 4 — Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect when the order is placed and set out in your order confirmation email. Unless otherwise stated, posted prices do not include shipping or handling, and any applicable taxes are shown to you before you complete your order. Customs and import charges for European Union orders are paid by us, as described in our Shipping Policy.
Prices in our online stores may differ from prices in physical stores or third-party stores. We may offer promotions governed by separate terms and conditions; if there is a conflict between a promotion’s terms and these Terms, the promotion terms govern.
You agree to provide current, complete and accurate purchase, payment and account information, and to update it promptly. You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are authorised to use the payment method, (iii) charges will be honoured by your provider, and (iv) you will pay all charges at the posted prices, including shipping, handling and applicable taxes.
For customers in the EU/EEA: The total price shown to you before you place your order includes all applicable taxes (such as VAT). Any delivery charge is shown separately at checkout before you confirm. For orders shipped to the European Union, import VAT and customs duties are paid by us in advance, as described in our Shipping Policy. No customs charges will be payable by you on delivery.
Section 5 — Shipping and Delivery
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Subject to the paragraph below, once we transfer products to the carrier, title and risk of loss pass to you.
For customers in the EU/EEA: Risk of loss or damage passes to you only when you (or a third party you name, other than the carrier) take physical possession of the goods. Unless otherwise agreed, we will deliver without undue delay and within 30 days of your order; if we fail to do so and do not deliver within any additional reasonable period you grant us, you may cancel the order for a refund, as set out in our Refund Policy.
Section 6 — Intellectual Property
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by 160Avenue, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual-property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any material on the Services without our prior written consent. Unauthorised use may violate intellectual-property laws. 160Avenue’s names, logos, product and service names, designs and slogans are trademarks of 160Avenue or its licensors and must not be used without permission. Shopify’s marks are trademarks of Shopify. All other marks are the property of their respective owners. All rights not expressly granted are reserved.
Section 7 — Optional Tools
You may be given access to third-party tools that we neither monitor nor control. We provide access to such tools “as is” and “as available” without warranties or endorsement, and have no liability arising from your use of them. Any use of optional tools is at your own risk, and you should review the third party’s terms. New features released in future are also subject to these Terms.
Section 8 — Third-Party Links
The Services may contain materials and links to third-party websites. We are not responsible for examining or evaluating their content or accuracy, and we are not liable for any harm related to your access to them or your dealings with them. Please review the third party’s policies before transacting, and direct any complaints about third-party products and services to that third party.
Section 9 — Relationship with Shopify
160Avenue 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 160Avenue. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and 160Avenue, 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 160Avenue.
Section 10 — Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy (https://160avenue.com/policies/privacy-policy), and certain information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these policies. Because the Services are hosted by Shopify, Shopify collects and processes information about your use of the Services in order to provide and improve them, and your information may be transmitted to Shopify and third parties that may be located in other countries.
For customers in the EU/EEA: Where your personal data is transferred outside the EU/EEA (including to fulfilment partners located in China), such transfers are made on the basis of an adequacy decision or appropriate safeguards (such as the European Commission’s Standard Contractual Clauses), as described in our Privacy Policy. You retain all rights available to you under the GDPR.
Section 11 — Feedback
If you submit any ideas, suggestions, feedback, reviews, proposals or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display it in any medium for any purpose, including commercial use, for operating, improving and promoting the Services. You represent that you own or have all necessary rights to your Feedback, have disclosed any compensation received in connection with it, and that it complies with these Terms. We are under no obligation to keep Feedback confidential, to pay for it, or to respond to it.
You agree your Feedback will not violate any third-party right (including copyright, trademark, privacy or personality rights), will not be unlawful, abusive or obscene, and will not contain malware. You may not use a false email address or misrepresent the origin of any Feedback. You are solely responsible for your Feedback, and we may (but need not) monitor, edit or remove Feedback we consider objectionable or in breach of these Terms.
Section 12 — Errors, Inaccuracies and Omissions
Occasionally information in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any such errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
For customers in the EU/EEA: Where we cancel an order you have already paid for because of such an error, we will refund you in full without undue delay. This does not affect your other statutory rights.
Section 13 — Prohibited Uses
You may access and use the Services for lawful purposes only. You may not, directly or indirectly: (a) use the Services for any unlawful or malicious purpose; (b) violate any applicable laws or regulations; (c) infringe our or others’ intellectual-property rights; (d) harass, abuse, defame or harm any person; (e) transmit false or misleading information; (f) use material that does not comply with these Terms; (g) transmit junk mail, chain letters or spam; (h) impersonate any person or entity; or (i) engage in conduct that restricts others’ use of the Services or may harm 160Avenue, Shopify or other users.
You also agree not to: (a) upload malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track others’ personal information; (d) spam, phish, pharm or pretext the Services; (e) use any robot, spider, scraper, data-extraction tool, AI tool (such as agentic AI) or other automated means to access the Services; or (f) interfere with or circumvent security or authorization features. We reserve the right to suspend, disable or terminate your account if we determine you have violated these Terms.
Section 14 — Agents
14.1 These “Agent Terms” apply if you use, allow, enable, or cause the deployment of an Agent to access 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, without direct supervision.
14.2 No Agent may access or interact with the Services unless it identifies itself and operates in strict accordance with Section 14.4, and no Agent may do so if we have requested it to refrain. 14.3 We may limit, including by technical measures, whether and how any Agent accesses the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify the request as coming from an Agent and disclose the Agent’s name via the user-agent string (“Agent/[agent name]”); (ii) not conceal that interactions are from an Agent, including by mimicking human behavior or completing/circumventing CAPTCHAs; (iii) respond truthfully to any check of whether interactions come from a human or computer; and (iv) not circumvent any measure intended to control how Agents access the Services.
Section 15 — Termination
We may terminate this agreement or your access to the Services (or any part) 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 survive termination: Your Consumer Rights, 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.
For customers in the EU/EEA: Termination does not affect any statutory rights or remedies that have already accrued to you, including in respect of orders already placed and your rights regarding faulty or non-conforming goods.
Section 16 — Disclaimer of Warranties
The information presented through the Services is provided for general information only. We do not warrant its accuracy, completeness or usefulness, and any reliance on it is at your own risk.
EXCEPT AS EXPRESSLY STATED BY 160AVENUE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW SUCH DISCLAIMERS, SO THEY MAY NOT APPLY TO YOU.
For customers in the EU/EEA: Nothing in this section excludes or limits the statutory legal guarantee of conformity (minimum two years) or any other mandatory consumer warranty. The “as is” / “as available” disclaimer applies to you only to the extent permitted by the mandatory law that protects you as a consumer.
Section 17 — Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL 160AVENUE, 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 LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
For customers in the EU/EEA: Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any liability that cannot be excluded or limited under the mandatory law applicable to you. Where we are liable, our liability is determined by that law, and we remain responsible for foreseeable loss or damage we cause by failing to perform with reasonable care and skill or by supplying non-conforming goods.
Section 18 — Indemnification
You agree to indemnify, defend and hold harmless 160Avenue, 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 arising out of (1) your breach of these Terms or the documents they incorporate, (2) your violation of any law or third-party right, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim (a failure to promptly notify will not relieve you unless you are materially prejudiced), and we may control the defence and settlement at your expense, but will not settle a claim imposing non-monetary obligations on you without your consent (not to be unreasonably withheld). You will cooperate in the defence.
For customers in the EU/EEA: As a consumer, you are responsible only for losses that are a foreseeable result of your own breach of these Terms or your unlawful conduct, and this section does not require you to indemnify us beyond what mandatory law permits.
Section 19 — Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, it shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed without affecting the validity of the remaining provisions.
Section 20 — Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision shall not constitute a waiver of it. These Terms, together with any policies posted by us, constitute the entire agreement between you and us regarding the Services, superseding any prior agreements. Any ambiguities shall not be construed against the drafting party.
Section 21 — Assignment
You may not delegate, transfer or assign these Terms or your rights or obligations without our prior written consent, and any such attempt is void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.
For customers in the EU/EEA: Where we assign these Terms, your statutory rights as a consumer are not reduced as a result of the assignment.
Section 22 — Governing Law and Jurisdiction
These Terms of Service, and any separate agreements by which we provide you Services, are governed by and construed in accordance with the laws applicable in the State of Delaware, United States, and you and 160Avenue consent to the venue and personal jurisdiction of the federal and state or territorial courts in that jurisdiction.
For customers in the EU/EEA: This choice of law and jurisdiction does not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence. You may bring proceedings to enforce your consumer rights in, and are subject to the jurisdiction of, the courts of your country of residence.
Section 23 — Headings
The headings in this agreement are for convenience only and do not limit or otherwise affect these Terms.
Section 24 — Changes to Terms of Service
You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change or replace any part of these Terms by posting updates to our website. We will notify you of any material changes in accordance with applicable law, and such changes take effect on the date specified in the notice. Your continued use of the Services after changes are posted constitutes acceptance of those changes.
For customers in the EU/EEA: Material changes will not apply retroactively to orders you have already placed, and your statutory rights in respect of those orders are unaffected.
Section 25 — Contact Information
Questions about these Terms of Service should be sent to us at
support@160avenue.com.
Our contact details are below:
Globaltejarah.llc
Address:
Philadelphia Pike, Claymont
Delaware, 19703
United States
Email: support@160avenue.com
BUSINESS REGISTRATION NUMBER: 7846972