Terms of service

Welcome to Hevert! In this document, "we" and "our" refer to Hevert. Hevert operates this store and website, including all related information, content, features, tools, products, and services, to provide you (our customer) with a curated shopping experience (hereinafter referred to as the "Service"). Hevert is powered by Shopify, enabling us to provide you with the Service.

The following terms and conditions, and any policies mentioned herein (hereinafter referred to as the "Terms of Service" or "Terms"), describe your rights and obligations when using the Service.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Service, you agree to be bound by these Terms of Service and our Privacy Policy [link]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Service.

Part 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are of legal age in your state or province and that you consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, we may require you to provide certain information, such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide in our store is accurate, up-to-date, and complete, and that you have all the rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and all your account activity. You may not transfer, sell, allocate, or license your account to any other person.

Part 2 - Our Products

We make every effort to accurately represent our products and services in our online store. However, please note that due to differences in the type of device you use to access the store and the settings and configurations of your device, colors or product appearances may differ from what is displayed on your screen.

We do not guarantee that any product or service you purchase will look or be of the quality you expect, nor do we guarantee that it will be completely consistent with what we display or present in our online store.

All product descriptions are subject to change without notice, and we reserve the right of final interpretation. We reserve the right to discontinue the sale of any product at any time and may, on a case-by-case basis, limit the quantity of any product we offer to any individual, geographic region, or jurisdiction.

Part 3 - Orders

By placing an order, you are making an offer to purchase. Hevert reserves the right to accept or reject your order at its sole discretion without giving any reason. Your order is only accepted after Hevert confirms acceptance. We must receive and process your payment before accepting your order. Please carefully review your order before submitting it, as Hevert may not be able to accept cancellation requests after acceptance. If we do not accept, change, or cancel your order, we will attempt to contact you via the email address, billing address, and/or phone number you provided when placing your order.

Your purchases are only eligible for return and exchange according to our refund policy [link].

You represent and warrant that the goods you purchase are for your personal or household use only and may not be used for commercial resale or export.

Part 4 - Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The final price of the goods or services is the price at the time you place your order and will be listed in your order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping costs, handling fees, customs duties, or import charges.

Prices we publish in our online store may differ from those in physical stores or third-party-operated online stores or other stores. We may from time to time offer promotional activities that may affect prices and are subject to terms and conditions independent of these Terms. In the event of any conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

You agree to provide up-to-date, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you when necessary.

You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you have been duly authorized to use this credit card for purchases; and (iii) your credit card company will cover any charges incurred by you.

(iv) You agree to pay any charges you incur as a result of this service, including shipping costs, handling fees, and all applicable taxes (if any).

Article 5 - Shipping and Delivery

We are not liable for delays in shipping and delivery. All delivery times are estimates and not guaranteed. We are not liable for delays caused by carrier, customs handling, or events beyond our control. Title and risk of loss transfer to you once we deliver the product to the carrier.

Article 6 - Intellectual Property Rights

Our services, including but not limited to all trademarks, brands, words, display content, images, graphics, product reviews, videos, and audio, and their design, selection, and arrangement, are the property of Hevert, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms allow you to use the Services for personal, non-commercial purposes only. You may not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Service without our prior written consent. Unless otherwise expressly provided in these Terms, nothing in these Terms shall constitute or be construed as granting you any license or other rights to any patent, trademark, copyright, or other intellectual property rights (including those of Hevert, Shopify, or any third party). Unauthorized use of the Service may violate federal and state intellectual property laws. Hevert reserves all rights not expressly granted in these Terms.

The Hevert name, logo, product and service names, designs, and slogans are trademarks of Hevert or its affiliates or licensors. You may not use such trademarks without Hevert's prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are trademarks of their respective owners. Section 7 - Optional Tools

You may gain access to third-party customer tools. These tools are part of the Service, and we neither monitor nor control them, nor can we interfere with them in any way.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind, and make no endorsement. We are not liable for any liability arising out of or related to your use of optional third-party tools.

Your use of any optional tools provided through this website is entirely at your own risk and judgment, and you should ensure that you are familiar with and agree to the terms of the tools provided by the relevant third-party providers.

In the future, we may also provide new features through the Service (including the release of new tools and resources). Such new features shall also be considered part of the Service and subject to these Terms of Service.

Section 7 - Optional Tools

You may gain access to third-party customer tools. These tools are part of the Service, and we neither monitor nor control them, nor can we interfere with them in any way.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind, and make no endorsements. We are not liable for any liability arising out of or related to your use of optional third-party tools.

Your use of any optional tools provided through this website is entirely at your own risk and responsibility, and you should ensure that you are familiar with and agree to the terms of the tools provided by the relevant third-party providers.

We may also provide new features through the Service in the future (including the release of new tools and resources). Such new features shall also be considered part of the Service and subject to these Terms of Service.

Article 8 - Third-Party Links

This Service may contain information and website links provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party information or websites you choose to visit. If you decide to leave this Service to visit such information or third-party websites, you do so at your own risk.

We are not liable for any damages or losses caused by your visit to any third-party website, or by purchasing or using any products, services, resources, or content on any third-party website. Please carefully read the policies and practices of third parties and ensure you understand their contents before making any transactions. For complaints, claims, concerns, or issues regarding third-party products and services, please contact the third party directly.

Article 9 - Relationship with Shopify

[To Merchants: This article accurately describes the relationship between Shopify and your store. Please do not delete or modify it.]

Hevert is powered by Shopify so that we can provide services to you. However, any sales and purchases you make in our store are made directly with Hevert. By using this service, you acknowledge and agree that Shopify is not responsible for any sales transactions between you and Hevert, including any harm, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchases and transactions with Hevert.

Article 10 - Privacy Policy

All personal information we collect through this service is subject to our Privacy Policy, which you can view here [link]. Certain personal information may be subject to the Shopify Privacy Policy, which you can view here. By using this service, you acknowledge that you have read these privacy policies. As these services are hosted by Shopify, Shopify assumes corresponding responsibilities.

We collect and process your personal information regarding your access to and use of the services to provide and improve them for you. Information you submit to the services will be transferred to and shared with Shopify and third parties, who may be located in other countries outside your place of residence, to provide you with the services. Please see our privacy policy [link] for more details on how we, Shopify, and our partners use your personal information.

Article 11 - Feedback

When you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, 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 medium for any purpose, including commercial use. For example, we may use the rights under this license to operate, provide, evaluate, enhance, improve, and promote the Service, and to fulfill our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you have or have obtained all rights necessary for all feedback; (ii) you have disclosed any compensation or reward received for submitting feedback; and (iii) your feedback will comply with these Terms. We have no obligation to (1) keep your feedback confidential; (2) pay for your feedback; or (3) respond to your feedback.

We have the right (but not the obligation) to monitor, edit, or remove content that we deem illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes on any party's intellectual property rights or violates these Terms of Service.

You agree that your feedback will not infringe on any third party's rights, including copyright, trademark rights, privacy rights, personality rights, or other personal or proprietary rights. You further agree that your feedback will not contain defamatory or other illegal, abusive, or obscene content, nor any computer viruses or other malicious software that may in any way affect the operation of the Service or any related website. You must not use a false email address, impersonate another person, or otherwise mislead us or any third party into believing the source of any feedback. You are solely responsible for any feedback you provide and its accuracy. We assume no responsibility for any feedback posted by you or any third party.

Article XII - Errors, Inaccuracies, and Omissions

Information containing typographical errors, inaccuracies, or omissions may occasionally appear in the Service, potentially relating to product descriptions, pricing, promotions, offers, shipping costs, delivery times, and stock availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time, as well as to change or update information or cancel orders without prior notice (including after you have submitted an order).

Article XIII - Prohibited Uses

You may only access and use the Service for lawful purposes. You may not, directly or indirectly, access or use this Service for: (a) any illegal or malicious purpose; (b) any international, federal, provincial, or state statute, rule, law, or local regulation; (c) any intellectual property rights of ours or others; (d) any harassment, abusiveness, insult, harm, defamation, disparagement, denigration, threat, or damage to any of our employees by sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms; (g) any advertising or promotional material, including any spam, chain mail, harassing mail, or any other similar solicitation; (h) any impersonation or attempt to impersonate any other person or entity; or (i) any other conduct that restricts or infringes upon the interests of or holds liable to users of the Service.

Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may in any way affect the functionality or operation of the Service; (b) copy, reproduce, sell, resell, or exploit any part of the Service; (c) collect or track the personal information of others; (d) send spam, phishing, online fraud, spoofing, other online information or other website protections. If we determine that you have violated any part of these Terms, we reserve the right to suspend, deactivate, or terminate your account at any time without notice.

Article 14 - Termination

We may terminate this Agreement.

We have the right to terminate your access to the Service (or any part thereof) at any time at our sole discretion without notice, and you will still be required to pay all amounts due up to and including the termination date.

The following terms will remain in effect after the termination of the Service: Intellectual Property Rights

Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Applicable Law, Privacy Policy, and any other terms that, by their nature, should continue to be in effect after termination.

Article 15 - Disclaimer

The information provided in this Service is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of the information. You assume all risk of relying on such information. We accept no liability whatsoever for any liability arising from your reliance on such information, or for any other Service visitor, or any person who may have access to its content.

Unless otherwise expressly stated by Hevert, this Service and all products offered through it are provided "as is" and "as available" without any representations, warranties, or conditions of any kind, express or implied, including but not limited to all implied or implied terms of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that your use of this Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the exclusion of implied or other warranties of liability, therefore the above disclaimers may not apply to you.

Article 16 - Limitation of Liability

To the maximum extent permitted by law, Hevert, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, and Shopify and its affiliates, shall in no event be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to loss of profits, loss of income, loss of savings, loss of data, replacement costs or any similar damages, whether or not based on… Hevert shall not be liable for any contractual, tort (including negligence), strict liability or other liability of any kind arising out of your use of any Service or any product purchased through the Service, or any other claim relating to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising out of your use of the Service or any content (or product) published, transmitted or otherwise made available through the Service, even if advised of the possibility of such loss or damage.

Article 17 - Indemnification

You agree to indemnify, hold harmless, and hold harmless Hevert, Shopify, and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim (including reasonable attorneys' fees) arising out of or relating to: (1) your breach of these Terms of Service or any document incorporated herein by reference; (2) your breach of any law or third-party right;

We will notify you of any indemnifiable claims, but failure to do so in a timely manner shall not release you from your obligations unless you suffer material damage as a result. We may control the defense and settlement of such claims at your expense, including the selection of attorneys, but we will not settle any claim that requires you to assume a non-monetary obligation without your consent (which may not be unreasonably refused). You shall cooperate with the defense of indemnifiable claims, including providing relevant documentation.

Article 18 - Severability

If any provision of these Terms of Service is held to be illegal, invalid, or unenforceable, such provision shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

Article 19 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, along with any policies or operating rules we publish on this website or in connection with the Service, constitute the entire agreement and understanding between you and us, and bind you to your use of the Service, superseding any prior or concurrent oral or written agreements, communications, and proposals between you and us (including, but not limited to, any previous versions of these Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be detrimental to the drafters.

Article 20 - Assignment

You may not delegate, assign, or assign any of your rights or obligations under this Agreement or these Terms without our prior written consent, and any such attempt shall be void. We may assign, delegate, or delegate these Terms and our rights and obligations without your consent or notice.

Article 21 - Governing Law

These Terms of Service and any separate agreements under which we provide services to you shall be governed by and construed in the federal, state, or district courts where Hevert's headquarters are located. You and Hevert agree to submit to the jurisdiction and personal jurisdiction of such courts.

Article 22 - Headings

The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.

Article 23 - Changes to the Terms of Service

You can view the latest version of the Terms of Service on this page at any time.

We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion. Updates and changes will be posted on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Service after any changes to these Terms of Service are posted constitutes your acceptance of those changes.

Article 24 - Contact Information

For questions regarding the Terms of Service, please send an email to info@purnexxt.com.