Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Evernest! The terms “we,” “us,” and “our” refer to Evernest. Evernest operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a personalized shopping experience (the “Services”). Evernest is powered by Shopify, which enables us to provide the Services to you.
The following Terms and Conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as 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 be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree, you may not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNT
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 us your consent to allow any of your minor dependents to use the Services on devices you own or manage.
To use our Services, you may be required to provide certain information such as your email address, billing information, payment details, and shipping address. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We make every effort to display our products and services as accurately as possible. However, colors and product appearance may vary depending on your device and display settings.
We do not guarantee that product descriptions, images, or other content are accurate, complete, reliable, current, or error-free.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities by person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Evernest reserves the right to accept or decline any order at its sole discretion.
Your order is not accepted until we confirm acceptance. Payment must be received and processed before acceptance.
Please review your order carefully before submitting. Once accepted, cancellation may not be possible. If we modify or cancel an order, we will attempt to notify you via the contact information provided at checkout.
Purchases are subject to our Refund Policy [LINK].
You represent that purchases are for personal or household use and not for resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time of your order, as confirmed in your order confirmation email.
Unless stated otherwise, prices do not include taxes, shipping, handling, customs, or import duties.
You agree to provide current, complete, and accurate billing and payment information. You represent and warrant that:
- Your payment information is true and accurate
- You are authorized to use the payment method
- Charges will be honored by your payment provider
- You will pay all charges incurred, including shipping and applicable taxes
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by carriers, customs processing, or events beyond our control.
Title and risk of loss pass to you upon transfer of the products to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
All content included in the Services — including trademarks, text, graphics, images, product reviews, videos, audio, and design — is owned by Evernest, its affiliates, or licensors and is protected under U.S. and international intellectual property laws.
You may use the Services for personal, non-commercial purposes only. Unauthorized use may violate intellectual property laws.
All rights not expressly granted are reserved.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available” without warranties.
We are not liable for any issues arising from your use of optional third-party tools.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain links to third-party websites. We are not responsible for examining or evaluating third-party content.
Accessing third-party websites is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Evernest is powered by Shopify. However, all sales transactions occur directly between you and Evernest.
Shopify is not responsible for any aspect of transactions between you and Evernest.
You expressly release Shopify and its affiliates from any claims related to purchases made through our store.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is governed by our Privacy Policy [LINK].
Because our Services are hosted by Shopify, Shopify may collect and process personal information to provide and improve Services.
SECTION 11 – FEEDBACK
If you submit feedback, suggestions, reviews, or other content (“Feedback”), you grant Evernest a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such Feedback.
You represent that you own or have rights to submit the Feedback.
We are not obligated to maintain confidentiality, compensate you, or respond.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct any errors, inaccuracies, or omissions and to update information or cancel orders at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful purposes, to violate laws, infringe intellectual property, harass others, transmit malware, spam, or interfere with security features.
Violation may result in account termination.
SECTION 14 – TERMINATION
We may terminate your access at any time without notice.
Provisions that by nature should survive termination shall remain in effect.
SECTION 15 – DISCLAIMER OF WARRANTIES
THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
We do not guarantee uninterrupted or error-free service.
Some jurisdictions do not allow certain disclaimers, so portions may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERNEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Evernest and Shopify from claims arising from your violation of these Terms or applicable laws.
SECTION 18 – SEVERABILITY
If any provision is found unenforceable, the remaining provisions remain valid.
SECTION 19 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Evernest.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without written consent. We may assign them without notice.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the state in which Evernest is headquartered, and disputes shall be resolved in those courts.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We may update these Terms at any time by posting changes on this page.
Continued use of the Services constitutes acceptance of changes.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms should be sent to:
Evernest
Email: mair86704@gmail.com