Terms of service
Overview
Everden operates this online store and website. The terms "we", "us" and "our" refer to Everden. Shopify provides the ecommerce platform that enables Everden to offer its products and services.
These Terms of Service, together with the policies referenced in them, describe the rights and responsibilities that apply when someone visits the website, interacts with its features or purchases a product.
By using the website or placing an order, the customer agrees to these Terms and acknowledges the Privacy Policy. Nothing in these Terms limits any consumer right that cannot lawfully be excluded.
1. Eligibility and Accounts
Customers must have the legal capacity to enter into a contract in their jurisdiction. Information supplied through the store must be accurate, current and complete.
Customers are responsible for protecting their account credentials and for activity carried out through their account. An account may not be sold, transferred or licensed to another person.
2. Products and Information
Everden takes reasonable care to describe and display products accurately. Screen settings, lighting and device differences may affect how colours appear.
Product information, price and availability may be updated. Everden may discontinue products or apply reasonable purchase limits. These rights do not permit Everden to avoid obligations relating to an order that has already formed or a customer's statutory rights.
3. Orders and Contract Formation
Submitting an order is an offer to purchase. An order is accepted when Everden sends confirmation that the order has been accepted or dispatched, depending on the wording of the confirmation communication.
Everden may decline or cancel an order before acceptance for legitimate reasons, including unavailable stock, suspected fraud, pricing errors or delivery restrictions. If payment has already been collected for an order that is not accepted, it will be refunded.
Customers should review their order details carefully. Cancellation requests should be made promptly, although dispatch cannot always be stopped. Applicable statutory cancellation rights remain unaffected.
Products are intended for personal or household use unless Everden agrees otherwise.
4. Prices and Payment
The price charged is the price displayed when the order is submitted, subject to correction of an obvious error before a binding contract is formed.
Standard worldwide shipping is included in the product price. Import duties, taxes or customs charges may still apply and are not included unless checkout expressly states otherwise.
Customers must provide complete and accurate payment information and confirm that they are authorised to use the selected payment method. Payments are handled by Shopify and approved payment providers.
Promotions may have additional terms. Where promotion-specific terms conflict with these Terms, the promotion-specific terms apply to that promotion, subject to applicable law.
5. Shipping and Delivery
Orders are processed and delivered in accordance with the Shipping Policy. Delivery dates are estimates unless Everden expressly agrees a guaranteed date.
Everden is responsible for fulfilling its delivery obligations under applicable consumer law. Nothing in these Terms transfers risk to a customer earlier than the law permits or excludes responsibility that cannot lawfully be excluded.
6. Returns, Refunds and Consumer Rights
Returns, refunds, exchanges and cancellations are governed by the Return and Refund Policy and applicable consumer law.
Nothing in these Terms limits statutory rights concerning faulty, misdescribed or non-conforming goods. UK customers may also have statutory cancellation rights for eligible distance purchases.
7. Acceptable Use
The website and its services may be used only for lawful purposes. Users must not:
- Break any applicable law or regulation
- Infringe intellectual-property, privacy or other legal rights
- Upload malware or interfere with security or store functionality
- Scrape, spam, phish or misuse customer or website data
- Impersonate another person or provide deliberately false information
- Use the services to harass, threaten or harm another person
Everden may suspend access where it reasonably believes these Terms have been materially breached.
8. Intellectual Property
Unless otherwise stated, the Everden name, branding, website copy, graphics, original photographs, videos and website design are owned by or licensed to Everden and protected by applicable intellectual-property laws.
Website material may be viewed for personal, non-commercial use. It must not be reproduced, distributed, modified or commercially exploited without permission, except where law permits.
Shopify and third-party names, logos and materials remain the property of their respective owners.
9. Reviews and Customer Content
Anyone submitting a review, image, suggestion or other content confirms that they have the necessary rights to submit it and that it is truthful and lawful.
The customer grants Everden a worldwide, non-exclusive, royalty-free licence to host, reproduce, display and use submitted content for operating and promoting Everden, subject to applicable privacy and consumer law. Everden may moderate or remove unlawful, fraudulent, infringing or abusive content.
Any incentive connected with a review must be disclosed. Everden does not guarantee that it will publish or respond to every submission.
10. Third-Party Tools and Links
The store may include functionality or links provided by third parties, such as payment, tracking, review and social-media services. Third-party services operate under their own terms and privacy policies.
Everden is not responsible for unrelated third-party content or services outside its reasonable control. Customers should review the relevant third party's terms before using its service.
11. Relationship with Shopify
Shopify supplies the ecommerce platform used by Everden. Purchases made through the store are contracts directly between the customer and Everden, not Shopify.
Shopify is not the seller of Everden products and is not responsible for fulfilling orders, handling product complaints or providing refunds. This section does not limit any responsibility Shopify may have directly under applicable law.
12. Privacy
Personal information is handled in accordance with the Everden Privacy Policy. Shopify and other necessary providers may also process information as described in that policy and their own notices.
13. Accuracy and Availability
Everden may correct typographical errors, inaccuracies or omissions relating to product descriptions, price, promotions, shipping information, transit times or availability.
Where an error affects an order, Everden will act in accordance with applicable contract and consumer law. Website access may occasionally be interrupted for maintenance, security or circumstances outside reasonable control.
14. Disclaimers
The website may contain general product and grooming information. It is not veterinary advice and should not replace advice from a qualified veterinary professional where an animal has a medical, skin or behavioural concern.
Everden does not exclude or limit any warranty, guarantee, condition or responsibility that cannot lawfully be excluded. Any other implied term is excluded only to the extent permitted by applicable law.
15. Limitation of Liability
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, breach of statutory consumer rights or any other liability that cannot legally be excluded.
Subject to those protections, Everden is not responsible for losses that were not reasonably foreseeable when the contract was formed, losses caused solely by circumstances outside its reasonable control, or business losses arising from a purchase made wholly for personal use.
16. Indemnity for Misuse
To the extent permitted by law, a user is responsible for losses reasonably incurred by Everden as a direct result of that user's unlawful misuse of the website or deliberate material breach of these Terms. This section does not apply in a way that removes mandatory consumer protections.
17. Termination
Everden may suspend or terminate access to an account or website function where reasonably necessary to address fraud, security risk, unlawful conduct or a material breach. Obligations and rights that naturally continue after termination remain effective.
18. Severability and Waiver
If part of these Terms is found unlawful or unenforceable, it will be treated as removed or limited only to the minimum extent necessary. The remaining Terms will continue to apply.
A delay in enforcing a right does not waive that right.
19. Entire Agreement
These Terms and the policies referenced in them form the agreement concerning use of the store and purchases made through it, subject to information and rights that applicable law requires to be provided separately.
20. Assignment
Customers may not transfer contractual rights or obligations where doing so would be unlawful or materially affect Everden without prior consent. Everden may transfer its rights and obligations as part of a legitimate business reorganisation, sale or transfer, provided this does not reduce the customer's legal protections.
21. Governing Law
These Terms and contracts formed through the store are governed by the laws of Scotland. A customer who lives elsewhere retains any mandatory consumer protections and rights to bring proceedings that apply in their country of residence.
22. Changes to These Terms
Everden may update these Terms to reflect changes in law, services or business practices. The current version will be published on the website with an updated date. Material changes will be notified where required by law.
Changes do not retrospectively remove rights that arose under an order already accepted.
23. Contact
Questions about these Terms can be directed to:
Everden
Email: hellotryeverden@gmail.com
Address: 3/1, 27 McPhail Street, G40 1DN, United Kingdom