Conditions d’utilisation
OVERVIEW
Welcome to EVER&MOMENT. The terms “we,” “us,” and “our” refer to EVER&MOMENT. EVER&MOMENT operates this store and website, including all information, content, features, tools, products, and services provided to you, the customer, for a curated shopping experience (the “Services”). EVER&MOMENT is powered by Shopify technology, which allows us to provide the Services.
These Terms and Conditions, and all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By accessing, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy [LINK]. If you do not agree with these Terms of Service or the Privacy Policy, you should not use the Services.
SECTION 1: ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given consent for any minors under your care to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing our online stores, browsing them, or purchasing any product or service we offer, you may be asked to provide certain information, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide to our stores is accurate, current, and complete, and that you have the necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and all activity under your account. You may not transfer, sell, or assign your account to anyone, nor grant licenses linked to your account.
SECTION 2: OUR PRODUCTS
We make every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or appearance may vary from what is displayed on your screen due to the type of device used and its settings.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those shown in our online stores.
All product descriptions are subject to change at any time at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic area, or jurisdiction.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. EVER&MOMENT reserves the right to accept or reject your order for any reason at our sole discretion. Your order will not be accepted until EVER&MOMENT confirms acceptance. Payment must be received and processed for your order to be accepted.
Please review your order carefully before shipment, as EVER&MOMENT may not be able to accommodate cancellation requests once an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via email, billing address, or phone number provided during the order process.
Purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use only and not for resale or export for commercial purposes.
SECTION 4: PRICING 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, as shown in the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs, or import duties.
Prices displayed in our online stores may differ from those offered in physical stores, other online stores, or stores operated by third parties. From time to time, we may offer promotions that affect pricing, which are governed by separate terms and conditions. In the event of a conflict between promotion terms and these Terms, the promotion terms prevail.
For all purchases, you agree to provide accurate, current, and complete information regarding purchases, payments, and accounts. You agree to promptly update account information, such as email address and credit card numbers and expiration dates, to complete transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) your credit card issuer will cover the charges; and (iv) you will pay the charges, including shipping, handling, and applicable taxes.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All 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. Once products are delivered to the carrier, ownership and risk pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, without limitation, trademarks, logos, text, samples, images, graphics, product reviews, video, audio, and the design, selection, and arrangement of these materials, are owned by EVER&MOMENT, its affiliates, or licensors and are protected by U.S. and foreign intellectual property laws.
These Terms allow you to use the Services only for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, include in demonstrations, republish, download, store, or transmit any materials from the Services without our prior written consent. Unless expressly stated, no part of these Terms grants you any license or other rights in patents, trademarks, copyrights, or other intellectual property of EVER&MOMENT, Shopify, or third parties. Unauthorized use of the Services may violate federal and state intellectual property laws. EVER&MOMENT reserves all rights not expressly granted.
The names, logos, product and service names, designs, and slogans of EVER&MOMENT are trademarks of EVER&MOMENT, its affiliates, or licensors. You may not use these trademarks without prior written consent. The names and logos of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
You may be provided access to third-party customer tools as part of the Services, over which we exercise no control or supervision.
You acknowledge and agree that such tools are provided “as-is” and “as available,” without warranties, representations, or conditions of any kind, and without endorsement. We assume no responsibility arising from your use of third-party tools.
You assume all risk when using such third-party tools and must comply with their terms. New features or tools we may offer in the future will also be considered part of the Services and subject to these Terms.
SECTION 8: THIRD-PARTY LINKS
The Services may contain materials or hyperlinks to third-party websites (including embedded third-party functionality). We are not responsible for the content, accuracy, or evaluation of such third-party materials or websites. Accessing third-party websites is at your own risk.
We are not responsible for any loss or damage arising from your use of third-party websites or your purchase/use of third-party products, services, or resources. Review third-party policies carefully before transacting. Complaints or claims regarding third-party products/services must be directed to them.
SECTION 9: RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately characterizes Shopify’s relationship with your store and should not be deleted or modified.]
EVER&MOMENT uses Shopify technology to provide the Services. However, all sales and purchases are made directly with EVER&MOMENT. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and EVER&MOMENT, including injuries, damages, or losses caused by products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, or liabilities arising from or related to your transactions with EVER&MOMENT.
SECTION 10: PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy [LINK]. Some personal information may also be subject to Shopify’s Privacy Policy [LINK]. By using the Services, you acknowledge that you have read these policies.
Because the Services are hosted on Shopify, Shopify collects and processes personal information related to your use to provide and improve the Services. Information you submit may be transferred to Shopify and third parties in countries outside your residence. For more details, see our Privacy Policy [LINK].
SECTION 11: FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial use.
For example, we may use these rights to manage, provide, evaluate, optimize, improve, and promote the Services, and to enforce our rights under these Terms.
You also represent and warrant that: (i) you own all necessary rights to all Feedback; (ii) you disclosed any compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms.
We are not obligated to (1) keep Feedback confidential; (2) provide compensation for Feedback; or (3) respond to Feedback.
We may, at our sole discretion, monitor, edit, or remove Feedback that we consider illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual property rights.
You agree that your Feedback does not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or property rights, and that it does not contain defamatory, illegal, abusive, obscene content, viruses, or malware. You are solely responsible for your Feedback.
SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information in or through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times, and availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information, or cancel orders due to such inaccuracies, at any time without prior notice (even after you have placed an order).
SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not, directly or indirectly:
(a) Use the Services for illegal or malicious purposes;
(b) Violate laws or regulations (local, national, international);
(c) Infringe intellectual property rights of EVER&MOMENT or others;
(d) Harass, abuse, insult, harm, defame, discredit, or intimidate our employees or others;
(e) Provide false or misleading information;
(f) Send, knowingly receive, upload, download, use, or reuse material that violates these Terms;
(g) Transmit spam, chain letters, or unsolicited messages;
(h) Impersonate any person or entity;
(i) Engage in any conduct that restricts or inhibits use of the Services by others, or may harm EVER&MOMENT, Shopify, or users;
You also agree not to:
(a) Upload or transmit viruses or other malicious code;
(b) Reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
(c) Collect or track personal information of others;
(d) Send spam, engage in phishing, scam activities, fraudulent impersonation, web scraping, or stalking;
(e) Interfere with or bypass security features of the Services, related websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account without notice if we determine you have violated these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time without notice. You remain responsible for all amounts owed up to the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by nature survive termination.
SECTION 15: WARRANTY DISCLAIMER
The information provided through the Services is for general informational purposes only. We do not guarantee its accuracy, completeness, or usefulness. Any reliance you place on such information is at your own risk.
EXCEPT AS EXPRESSLY STATED BY EVER&MOMENT, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
We do not guarantee uninterrupted, timely, secure, or error-free use of the Services. Some jurisdictions do not allow disclaimers of implied warranties, so certain disclaimers may not apply to you.
SECTION 16: LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL EVER&MOMENT, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ANY PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless EVER&MOMENT, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorney fees, incurred by any third party arising from:
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Your violation of these Terms of Service or incorporated documents;
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Violation of any law or third-party rights;
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Your access to or use of the Services.
We will notify you of claims subject to indemnification. Failure to provide timely notice does not waive your obligations unless significant harm occurs. We may control defense and settlement at your expense, including choice of counsel, but will not settle claims imposing non-monetary obligations without your consent. You will cooperate in defending such claims.
SECTION 18: SEVERABILITY
If any provision of these Terms is determined to be illegal, invalid, or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the remaining provisions shall remain in full force and effect.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver.
These Terms, along with policies or operational rules published on this site or related to the Services, constitute the entire agreement between you and us and supersede any prior agreements or communications, written or oral. Any ambiguity shall not be construed against the drafting party.
SECTION 20: ASSIGNMENT
You may not assign or transfer this Agreement or your rights and obligations under these Terms without our prior written consent; any attempt to do so is void. We may assign or transfer these Terms, along with our rights and obligations, without your consent or notice.
SECTION 21: GOVERNING LAW
These Terms and separate agreements through which we provide Services shall be governed and interpreted under the laws of the federal and state courts of EVER&MOMENT’s jurisdiction. You and EVER&MOMENT submit to such courts’ jurisdiction.
SECTION 22: HEADINGS
Headings in this agreement are for convenience only and do not limit or affect the Terms.
SECTION 23: CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates on our website. It is your responsibility to check periodically for changes. Material changes will be notified per applicable law and will take effect on the date specified. Your continued use of or access to the Services after updates constitutes acceptance of the modified Terms.
SECTION 24: CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us at: