Terms of service
OVERVIEW
Welcome to Evernity! The terms “we,” “us,” and “our” refer to Evernity. Evernity operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Evernity is powered by Shopify to deliver the Services to you.
The following Terms of Service, including 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. They contain important information about your legal rights and address topics such as 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. If you do not agree to these Terms of Service or the Privacy Policy, access to and use of our Services is not permitted.
ARTICLE 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age according to the laws of the state or province in which you reside and that you have given permission for any minor family members to use the Services on devices you own, purchase, or manage.
To use the Services, including visiting or browsing our webshops or purchasing products or services we offer, we may ask you 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 stores 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 activity on your account. You may not transfer, sell, assign, or license your account to anyone else.
ARTICLE 2 – OUR PRODUCTS
We strive to provide accurate descriptions of our products and services in our webshops. Please note that the colors and appearance of products may differ from how they are displayed on your screen. This may be due to the type of device you use to access the store and its settings and configuration.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or match the depiction or description in our webshop.
All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantity of products offered per person, geographic region, or jurisdiction.
ARTICLE 3 – ORDERS
When you place an order, you make an offer to purchase. Evernity reserves the right to accept or reject your order at our sole discretion for any reason. Your order is only accepted once Evernity confirms it. We must have received and processed your payment before accepting your order. Check your order carefully before submitting. Evernity may be unable to honor a cancellation request after your order has been accepted. In the event we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided during the ordering process.
You may only return or exchange purchases in accordance with our refund policy.
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
ARTICLE 4 – PRICES AND BILLING
Prices, discounts, and promotions may change without prior notice. The price charged for a product or service is the price at the time the order is placed. This price will be shown in the confirmation email you receive after placing your order. Unless explicitly stated otherwise, prices are exclusive of taxes, shipping, handling, customs duties, and import fees.
Prices displayed in our webshops may differ from those in physical stores or webshops or other stores managed by third parties. We may offer promotions from time to time that may affect pricing and are subject to separate terms. In the event of a discrepancy between promotion terms and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including email address, credit card numbers, and expiration dates, to enable us to process your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is accurate, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges are approved by the credit card issuer; and (iv) you will pay all charges in accordance with the prices displayed, including shipping, handling, and applicable taxes, if any.
ARTICLE 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once products have been delivered to the carrier, title and risk of loss pass to you.
ARTICLE 6 – INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, logos, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by Evernity, its affiliates, or licensors, and are protected by U.S. and international intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of Evernity, Shopify, or any third party. Unauthorized use of the Services may violate federal and national intellectual property laws. All rights not expressly granted herein are reserved by Evernity.
The names, logos, product names, service names, design elements, and slogans of Evernity are trademarks of Evernity or its affiliates or licensors. You may not use such trademarks without prior written permission from Evernity. The name, logo, product names, service names, design elements, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.
ARTICLE 7 – OPTIONAL TOOLS
You may have access to customer tools provided by third parties as part of the Services. We do not monitor these tools and have no control over them.
You acknowledge and agree that we provide access to such tools “as is” and based on availability, without any guarantees, representations, or warranties of any kind. We are not responsible for any damages resulting from your use of third-party optional tools.
You use optional tools provided through the site entirely at your own risk. You are responsible for understanding and agreeing to the terms under which these tools are provided by the third party.
We may also introduce new features through the Services in the future (including new tools and resources). These new features are considered part of the Services and are subject to these Terms.
ARTICLE 8 – LINKS TO THIRD PARTIES
The Services may contain materials and hyperlinks to third-party websites (including embedded third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites.
If you choose to access such materials or websites, you do so at your own risk. We are not responsible for any damages or adverse effects associated with visiting third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Read and understand the policies and practices of any third party before engaging in a transaction. Direct complaints or inquiries about third-party products or services to the relevant third party.
ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
Evernity uses Shopify to deliver the Services. All sales and purchases made in our store are, however, directly between you and Evernity. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Evernity, including injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from any claims, damages, or liabilities that may arise from or relate to your purchases from Evernity.
ARTICLE 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you confirm that you have read the applicable Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. Information you submit through the Services is transmitted to and shared with Shopify, as well as third parties that may be located in countries other than your residence, to provide the Services. See our Privacy Policy for more information on how we, Shopify, and our partners use your personal information.
ARTICLE 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes.
You further represent and warrant that (i) you own all Feedback or have all necessary rights to it; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation now or in the future to (1) keep your Feedback confidential; (2) pay compensation; or (3) respond to your Feedback.
We may, at our discretion, review, edit, or remove Feedback deemed unlawful, offensive, threatening, defamatory, obscene, or otherwise unacceptable, or that violates intellectual property rights or these Terms, but are not obligated to do so.
You agree that your Feedback does not infringe the rights of third parties, including copyright, trademark, privacy, personality, or other rights, and does not contain defamatory, unlawful, offensive, or obscene content, viruses, or malware. You may not use a false email, impersonate another, or mislead us or third parties regarding the source of Feedback. You are solely responsible for your Feedback. We are not liable for Feedback posted by you or third parties.
ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information on or in the Services may contain typographical errors, inaccuracies, or omissions. This may relate to product descriptions, pricing, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information. We may cancel orders if relevant information is incorrect, at any time and without prior notice, even after an order is placed.
ARTICLE 13 – PROHIBITED USE
You may only use the Services for lawful purposes. You may not, directly or indirectly:
(a) use the Services for unlawful or harmful activities;
(b) violate any international, national, federal, state, or local law, regulation, or ordinance;
(c) infringe our or others’ intellectual property rights;
(d) harass, abuse, insult, harm, defame, demean, or intimidate our employees or others;
(e) transmit false or misleading information;
(f) knowingly send, receive, upload, download, use, or reuse material that does not comply with these Terms;
(g) send or facilitate sending advertising or promotional material, including junk mail, chain letters, spam;
(h) impersonate any person or entity; or
(i) engage in any activity that restricts or inhibits others’ use of the Services or that may harm Evernity, Shopify, or users.
Additionally, you agree not to:
(a) upload or transmit viruses or other harmful code;
(b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
(c) collect or track personal information of others;
(d) use spam, phishing, pharm, pretext, spider, crawl, or scrape;
(e) interfere with or bypass security features.
We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine you have violated these Terms.
ARTICLE 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice. You remain responsible for any amounts owed up to the date of termination.
The following sections survive 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 survive termination.
ARTICLE 15 – DISCLAIMER OF WARRANTIES
Information provided on or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance on such information is at your own risk.
EXCEPT AS EXPRESSLY PROVIDED BY EVERNITY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, 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. IN SOME JURISDICTIONS, DISCLAIMER OF IMPLIED OR OTHER WARRANTIES MAY BE LIMITED OR PROHIBITED. THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
ARTICLE 16 – LIMITATION OF LIABILITY (CONTINUED)
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERNITY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM ARISING IN ANY WAY FROM YOUR USE OF THE SERVICES OR A PRODUCT. THIS INCLUDES ERRORS OR OMISSIONS IN CONTENT, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICES OR CONTENT THAT (OR A PRODUCT THAT) IS POSTED, SENT, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE.
ARTICLE 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Evernity, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims, including reasonable legal fees, arising from or relating to (1) your breach of these Terms of Service or documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services.
We will notify you of any claim that gives rise to indemnification, provided that failure to provide timely notice does not relieve you of your obligations unless materially prejudiced. We may manage the defense and settlement of such a claim at your expense, including hiring counsel, but we will not settle claims imposing non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You must cooperate in the defense of any indemnifiable claims, including by providing relevant documents.
ARTICLE 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, the provision shall remain enforceable to the fullest extent permitted by law. The unenforceable portion shall be deemed severable from these Terms. Such determination shall not affect the validity and enforceability of the remaining provisions.
ARTICLE 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms of Service, together with all policies or business rules posted by us on this site or relating to the Services, constitute the entire agreement between you and us and govern your use of the Services. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafter.
ARTICLE 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so shall be void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.
ARTICLE 21 – GOVERNING LAW
These Terms of Service and all separate agreements under which we provide you the Services are governed by and construed in accordance with the federal and state or provincial courts in the jurisdiction where Evernity has its headquarters. You and Evernity consent to the jurisdiction and venue of such courts.
ARTICLE 22 – HEADINGS
Headings used in this agreement are for convenience only and do not limit or affect these Terms in any way.
ARTICLE 23 – CHANGES TO THE TERMS OF SERVICE
The most recent version of the Terms of Service can be reviewed on this page at any time.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms. Updates and changes will be posted on our website. It is your responsibility to review the website periodically for changes. We will provide notice of material changes to these Terms in accordance with applicable law. Such changes take effect on the date indicated in the notice. Continued use of the Services after changes to these Terms constitutes acceptance of such changes.
ARTICLE 24 – CONTACT INFORMATION
Questions regarding the Terms of Service should be directed to us at support@evernity.nl.
Our contact information is as follows:
Evernity
Email: support@evernityfashion.nl
Company Registration Number: 93374240
VAT Identification Number: NL005016867B24