TERMS OF SERVICE
OVERVIEW
Welcome to EVER MOMENT (“we,” “us,” or “our”). EVER MOMENT operates this website and online store, including all related information, content, features, tools, products, and services (collectively, the “Services”), to provide you with a curated shopping experience.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, govern your access to and use of the Services. Please read them carefully, as they include important information about your legal rights, warranty disclaimers, and limitations of liability.
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNT
You represent that you are at least the age of majority in your jurisdiction. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
You agree to provide accurate, current, and complete information when placing orders or creating an account. You may not transfer, sell, or assign your account to another person.
SECTION 2 – PRODUCTS
We make every effort to display our products accurately. However, product colors or appearance may vary due to device settings or screen differences.
All products are custom-made to order unless stated otherwise. Minor variations in appearance, color, or finish are normal and do not constitute defects.
We reserve the right to modify, discontinue, or limit quantities of any product at any time without notice.
SECTION 3 – ORDERS
Placing an order constitutes an offer to purchase. We reserve the right to accept or decline any order at our discretion.
Orders are considered accepted only after payment is successfully processed and order confirmation is issued.
Because our products are customized, orders cannot be canceled or modified once production has started.
Because our products are custom-made and personalized, all sales are final once production begins. Returns, exchanges, and refunds are governed exclusively by our Refund Policy, which forms an integral part of these Terms.
Orders are for personal, non-commercial use only.
SECTION 4 – PRICING AND BILLING
All prices are subject to change without notice. Prices shown at checkout are final and exclusive of applicable taxes, shipping, customs, or import fees unless stated otherwise.
You agree to provide valid payment information and authorize us to charge the full amount, including shipping and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
All delivery times are estimates only and not guaranteed.
We are not responsible for shipping delays caused by carriers, customs, incorrect address information, or events beyond our control.
Once an order is handed over to the carrier, title and risk of loss pass to the customer, and delivery responsibility lies with the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services—including text, images, designs, logos, and trademarks—is owned by EVER MOMENT or its licensors and protected by applicable intellectual property laws.
You may use the Services for personal, non-commercial purposes only. Unauthorized use is strictly prohibited.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” without warranties or guarantees. We are not responsible for any issues arising from your use of optional third-party tools.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for their content, policies, or practices. Accessing third-party websites is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
EVER MOMENT is powered by Shopify. However, all sales are made directly between you and EVER MOMENT.
You agree that Shopify is not responsible for any aspect of transactions, including product issues, delivery, or disputes, and you expressly release Shopify from related claims.
SECTION 10 – PRIVACY
Your use of the Services is subject to our Privacy Policy, which explains how personal information is collected, used, and shared.
Because the Services are hosted on Shopify, your data may be processed by Shopify and transferred internationally.
SECTION 11 – FEEDBACK
Any feedback, reviews, or suggestions you submit may be used by us without restriction or compensation. You confirm you have the rights to submit such content.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors or inaccuracies and to cancel orders if information is incorrect at any time, including after an order has been submitted.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful purposes, to infringe intellectual property, to harass or abuse others, or to interfere with the operation or security of the Services.
Violation may result in termination of access without notice.
SECTION 14 – TERMINATION
We may terminate or suspend access to the Services at our discretion. Obligations incurred prior to termination survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, EVER MOMENT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless EVER MOMENT and Shopify from claims arising from your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision is found unenforceable, the remaining provisions remain in effect.
SECTION 19 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and EVER MOMENT regarding use of the Services.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our consent. We may assign them freely.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the jurisdiction where EVER MOMENT is headquartered.
SECTION 22 – CHANGES TO TERMS
We may update these Terms at any time. Continued use of the Services constitutes acceptance of changes.
SECTION 23 – CONTACT INFORMATION
Questions about these Terms should be sent to:
Email: support@evermoment.co