Términos del servicio

TERMS OF SERVICE

Everhold

OVERVIEW

Welcome to Everhold!

The terms “we”, “us”, and “our” refer to Everhold. Everhold 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”).

Everhold 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 using the Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights, warranty disclaimers, limitations of liability, and other conditions applicable to your use of the Services.

By visiting, interacting with, purchasing from, or otherwise 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 our Privacy Policy, you should not access or use the Services.

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, province, or country of residence, or that you have reached the legal age required to enter into contracts in your jurisdiction.

To use certain Services, including purchasing products from our online store, you may be asked to provide information such as:

  • Email address
  • Billing information
  • Payment information
  • Shipping information
  • Contact details

You represent and warrant that all information you provide is accurate, current, and complete and that you have the legal right to provide such information.

You are responsible for maintaining the confidentiality and security of any account credentials and for all activities occurring under your account.

You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to accurately display and describe the products offered through our Services.

However, product colors, textures, dimensions, finishes, materials, and overall appearance may vary slightly from how they appear on your screen due to:

  • Device displays
  • Screen settings
  • Lighting
  • Photography
  • Manufacturing variations
  • Material characteristics

Everhold products are designed as keepsakes and may require customer participation to create the final result.

For products involving impression clay, handprints, footprints, photographs, or other customer-created elements, the final appearance may naturally vary depending on factors including:

  • Pressure applied
  • Placement of the hand or foot
  • Movement during the imprint process
  • Clay preparation
  • Drying conditions
  • Customer technique

We do not guarantee that a customer-created handprint or footprint will appear exactly as shown in product photographs or promotional materials.

Minor differences in imprint depth, detail, shape, texture, or appearance are not considered product defects when they result from the normal creation process.

All product descriptions, specifications, prices, and availability are subject to change at any time without prior notice.

We reserve the right to discontinue any product or limit quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 — ORDERS

When you place an order through Everhold, you are making an offer to purchase.

Everhold reserves the right to accept, reject, limit, or cancel any order at our discretion where permitted by law.

Your order is not considered accepted until payment has been successfully processed and the order has been confirmed.

Please review your order carefully before submitting it.

Once an order has entered the fulfillment or logistics process, we may be unable to accommodate cancellation requests.

If we modify, reject, or cancel an order, we will attempt to notify you using the email address, billing information, shipping information, or telephone number provided with your order.

All purchases are subject to our Return & Refund Policy.

You represent that purchases are intended for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, promotions, and offers may change without prior notice.

The price charged will be the price displayed and applicable at the time your order is placed and confirmed.

Unless expressly stated otherwise, displayed prices may not include:

  • Taxes
  • Shipping fees
  • Handling charges
  • Customs duties
  • Import fees

We may offer promotional pricing from time to time. Additional terms may apply to individual promotions.

You agree to provide current, complete, and accurate billing, payment, and account information for all purchases.

You agree to promptly update information necessary to complete transactions or contact you regarding your order.

You represent and warrant that:

  1. Payment information provided by you is accurate and complete.
  2. You are authorized to use the payment method submitted.
  3. Charges incurred will be honored by your payment provider.
  4. You will pay all applicable charges associated with your purchase.

SECTION 5 — SHIPPING AND DELIVERY

All delivery timeframes displayed by Everhold are estimates only and are not guaranteed delivery dates.

Shipping times may vary because of circumstances outside our reasonable control, including:

  • Carrier delays
  • Customs inspections
  • International transportation
  • Weather conditions
  • Seasonal shipping volume
  • Logistics routing
  • Local delivery conditions

Everhold is not responsible for delays caused by third-party carriers, customs authorities, or other circumstances outside our reasonable control, except where required by applicable law.

Customers are responsible for providing a complete and accurate shipping address.

Additional costs resulting from incorrect or incomplete customer-provided shipping information may be the responsibility of the customer where permitted by law.

SECTION 6 — INTELLECTUAL PROPERTY

The Services, including but not limited to:

  • Everhold branding
  • Logos
  • Product names
  • Text
  • Website designs
  • Graphics
  • Photographs
  • Product images
  • Videos
  • Audio
  • Packaging designs
  • Advertising materials
  • Product descriptions

are owned by Everhold, its affiliates, licensors, or applicable rights holders and may be protected by copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

You may not reproduce, copy, modify, distribute, publish, display, transmit, resell, or create derivative works from any portion of the Services without prior written permission from Everhold or the applicable rights holder.

The name Everhold, associated logos, designs, slogans, and other brand identifiers may not be used without prior written authorization.

Shopify’s intellectual property remains the property of Shopify and its respective rights holders.

All other trademarks appearing through the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools or functionality offered by third-party providers.

We do not necessarily monitor, control, or manage these tools.

Third-party tools may be provided “as is” and “as available,” subject to the terms and policies of the applicable provider.

Your use of such tools is at your own discretion and risk.

We may introduce additional features, tools, or resources in the future, and such features may form part of the Services and be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain links to websites, services, platforms, or content operated by third parties.

Everhold is not responsible for examining or evaluating the accuracy, security, content, products, or practices of third-party websites.

Accessing a third-party website is done at your own discretion.

We are not responsible for losses or damages arising from purchases, services, resources, content, or transactions conducted through third-party websites.

Please review the terms and privacy practices of third-party services before completing a transaction.

Questions regarding third-party services should be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Everhold is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are transactions directly between you and Everhold.

By using the Services, you acknowledge that Shopify is not responsible for sales transactions between you and Everhold, including injury, loss, or damage resulting from products purchased through our store.

To the extent permitted by law, you release Shopify and its affiliates from claims arising specifically from purchases and transactions made directly with Everhold.

SECTION 10 — PRIVACY POLICY

Personal information collected through our Services is subject to our Privacy Policy.

Because our store is hosted through Shopify, certain personal information relating to your use of the Services may also be processed by Shopify.

Information you provide may be transmitted to Shopify and other service providers, including providers located in countries other than your country of residence, when necessary to:

  • Process payments
  • Fulfill orders
  • Provide customer service
  • Operate the website
  • Improve our Services
  • Prevent fraud

Please review our Privacy Policy for additional information regarding how Everhold and our service providers process personal information.

SECTION 11 — FEEDBACK

If you submit reviews, photographs, suggestions, comments, ideas, feedback, or other content (“Feedback”), you grant Everhold a worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback where permitted by applicable law.

Feedback may be used to:

  • Improve our Services
  • Promote our products
  • Evaluate customer experiences
  • Develop future products
  • Operate our website and marketing channels

You represent that you have the necessary rights to submit such Feedback.

If compensation, incentives, discounts, or free products were provided in exchange for Feedback, you are responsible for making any disclosures required by applicable law.

You agree not to submit Feedback that:

  • Violates third-party intellectual property rights
  • Violates privacy rights
  • Contains unlawful or abusive material
  • Contains malware
  • Falsely impersonates another person
  • Intentionally misrepresents a customer experience

You remain responsible for the accuracy and legality of Feedback you submit.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information appearing through the Services may contain:

  • Typographical errors
  • Incorrect pricing
  • Inaccurate product descriptions
  • Promotional errors
  • Availability errors
  • Incorrect shipping charges
  • Incorrect transit estimates
  • Other omissions or inaccuracies

Everhold reserves the right to correct such information, update content, modify prices, or cancel affected orders when necessary and permitted by applicable law.

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

  • Violate applicable laws or regulations
  • Violate intellectual property rights
  • Harass, threaten, abuse, or harm another person
  • Submit fraudulent information
  • Impersonate another person or organization
  • Distribute spam or unsolicited promotional material
  • Upload viruses or malicious code
  • Interfere with the security or operation of our website
  • Scrape or automatically collect information without authorization
  • Collect personal information belonging to others without authorization
  • Reproduce or resell portions of the Services without permission
  • Circumvent security protections

Everhold may restrict, suspend, or terminate access to the Services if we reasonably determine that these Terms have been violated.

SECTION 14 — TERMINATION

We may suspend or terminate your access to all or part of the Services if you violate these Terms or engage in activity that threatens the security, integrity, or lawful operation of the Services.

Any amounts legitimately owed before termination remain payable.

Provisions that by their nature should survive termination will continue to apply, including those relating to:

  • Intellectual property
  • Feedback
  • Liability
  • Indemnification
  • Governing law
  • Privacy
  • Dispute-related obligations

SECTION 15 — DISCLAIMER OF WARRANTIES

Information provided through the Services is made available for general informational purposes.

While Everhold attempts to provide accurate information, we do not guarantee that all information will always be complete, current, or error-free.

To the fullest extent permitted by applicable law, the Services and products are provided on an “as is” and “as available” basis, except for warranties or rights that cannot legally be excluded.

Everhold does not guarantee that:

  • The website will always operate uninterrupted
  • The Services will always be error-free
  • Customer-created impressions will exactly match photographs shown
  • Every handprint or footprint will produce the same level of detail

The final appearance of a customer-created keepsake may depend on factors outside Everhold’s control, including technique, pressure, positioning, movement, and drying conditions.

Some jurisdictions do not permit exclusion of certain implied warranties, in which case these limitations may not fully apply.

SECTION 16 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, Everhold and its affiliates, officers, employees, contractors, service providers, licensors, and partners will not be liable for indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or products purchased through the Services.

This may include, where permitted by law:

  • Lost profits
  • Lost revenue
  • Lost savings
  • Lost data
  • Replacement costs
  • Other consequential losses

Everhold is not responsible for unsatisfactory imprint results caused primarily by customer-controlled factors such as:

  • Incorrect clay preparation
  • Excessive or insufficient pressure
  • Movement while creating the impression
  • Improper handling
  • Improper drying
  • Alteration of the product

Nothing in this section excludes liability that cannot legally be excluded under applicable consumer protection law.

SECTION 17 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Everhold, Shopify, and their respective affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from third-party claims arising from:

  1. Your material breach of these Terms.
  2. Your violation of applicable law.
  3. Your infringement of the legal rights of another person.
  4. Your misuse of the Services.

We may notify you of claims covered by this section and request reasonable cooperation in defending such claims.

SECTION 18 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law or separated from these Terms where necessary.

The remaining provisions will continue in full force and effect.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

Failure by Everhold to exercise or enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms, together with policies and operating rules referenced through our website, constitute the agreement governing your use of the Services.

They supersede prior agreements or communications relating to the same subject matter.

SECTION 20 — ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without prior written consent from Everhold.

Everhold may assign or transfer its rights and obligations where permitted by applicable law.

SECTION 21 — GOVERNING LAW

These Terms and any separate agreements through which Everhold provides Services will be governed and interpreted according to the laws applicable to the jurisdiction in which Everhold is legally established, subject to any mandatory consumer rights that apply in the customer’s jurisdiction.

Nothing in these Terms removes consumer protections that cannot legally be waived.

SECTION 22 — HEADINGS

Section headings are included for convenience and organization only.

They do not limit or otherwise affect the interpretation of these Terms.

SECTION 23 — CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service on this page.

Everhold reserves the right to update or modify these Terms from time to time.

Material changes will be communicated where required by applicable law.

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms, except where applicable law requires additional consent.

SECTION 24 — CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

📧 everholdd@gmail.com

Everhold Customer Support