Terms of service
PRESENTATION
Welcome to Evenjy! The terms “we”, “our” and “us” refer to Evenjy. Evenjy operates this store and this website, including all associated information, content, features, tools, products and services, in order to provide you, as a customer, with a smooth shopping experience (the “Services”). Evenjy is operated through Shopify, which allows us to provide you with the Services.
The following terms and conditions, together with all policies referred to herein (the “Terms of Use” or “Terms”), describe the rights and responsibilities of users when using the Services.
Please read these Terms of Use carefully, as they contain important information about your legal rights and address, among other things, exclusions of warranties and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.
SECTION 1: ACCESS AND ACCOUNT
By accepting these Terms of Use, you represent that you are at least the minimum age required by the laws applicable to you, and that you have given your consent to allow your minor children to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing or browsing our online stores, or purchasing any product or service that we offer, you may be required to provide certain information, such as your email address, billing, payment and delivery information. You represent and warrant that all information provided in our stores is accurate, current and complete, and that you have all necessary rights to provide such information.
You are solely responsible for the security of your account login credentials and all activities carried out through your account. You may not transfer, sell, assign or license your account to other persons.
SECTION 2: OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colours or appearance of products may differ from what appears on screen due to the type of device used to access the store and its settings.
We do not guarantee that the appearance or quality of products or services purchased will meet your expectations or be identical to that described or represented in our online stores, except where applicable law provides otherwise.
All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and to limit quantities of any product offered to any person, geographical area or jurisdiction, on a case-by-case basis, subject to applicable law.
SECTION 3 - ORDERS
When you place an order, you make an offer to purchase. Evenjy reserves the right to accept or refuse your order for any reason, at its sole discretion, subject to applicable consumer law. Your order will only be considered accepted after confirmation from Evenjy. We must receive and process your payment before your order is accepted. Please check your order carefully before submitting it, as Evenjy may not be able to process cancellation requests once the order has been accepted, without affecting any statutory cancellation rights you may have. If we do not accept, modify or cancel an order, we will endeavour to inform you by email, at the billing address and/or telephone number provided when placing the order.
Your purchases may only be returned or replaced in accordance with our Refund Policy and any applicable statutory rights.
You represent and warrant that your purchases are intended for personal or household use, and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price applicable at the time the order is placed and will be indicated in the order confirmation email. Unless expressly stated otherwise, the prices displayed include applicable taxes but may not include delivery, handling, customs or import charges where such charges are applicable and are not included at checkout.
The prices displayed in our online stores may differ from prices offered in physical stores or other online stores operated by third parties. We may occasionally offer promotions on the Services that may affect prices and that are governed by terms different from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete and accurate information regarding your purchases, payments and account for all purchases made in our stores. You agree to promptly update your account and other information, including your email address and payment card details and their expiry dates, so that we can process transactions and contact you when necessary.
You represent and warrant that (i) the payment card information provided is true, accurate and complete, (ii) you are duly authorised to use the payment card for the purchase, (iii) the charges incurred will be settled by the payment card issuer, and (iv) you will pay the charges incurred at the prices displayed, including applicable delivery and handling charges and applicable taxes, where applicable.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays to the extent permitted by applicable law. All delivery times are estimates and are not guaranteed unless expressly stated otherwise. We are not responsible for delays caused by carriers, customs procedures or events beyond our reasonable control. Nothing in these Terms affects your statutory rights regarding delivery, including your rights where goods are not delivered within the agreed period or within the legally required period.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including, without limitation, all trademarks, logos, text, images, graphics, product reviews, videos and audio files, as well as their design, selection and arrangement, are the property of Evenjy, its affiliates or its licensors, and are protected by applicable intellectual property laws.
These Terms authorise you to use the Services solely for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material contained in the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms grants you any licence or other rights to any patents, trademarks, copyrights or other intellectual property of Evenjy, Shopify or third parties. Unauthorised use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Evenjy.
The names, logos, product and service names, designs and slogans of Evenjy are trademarks of Evenjy or its affiliates or licensors. You may not use these trademarks without Evenjy’s prior written consent. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
You may have access to customer tools provided by third parties through the Services, over which we have no control or influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without any endorsement. We assume no liability arising from or relating to your use of optional third-party tools, except where liability cannot legally be excluded.
Any use of optional tools offered on the website is at your own risk and discretion, and you should ensure that you are familiar with and accept the terms and conditions under which such tools are provided by third parties.
In the future, we may also offer new features through the Services, including new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms of Use.
SECTION 8: THIRD-PARTY LINKS
The Services may contain elements and hyperlinks to websites provided or operated by third parties, including integrated third-party features. We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you choose to leave the Services to access such third-party content or websites, you do so at your own risk.
We are not responsible for damages related to your access to third-party websites or to the purchase or use of products, services, resources or content available on third-party websites, except where liability cannot legally be excluded. Please read the policies and practices of third parties carefully before completing any transaction. Any claim, request for compensation, concern or question relating to third-party products and services should be addressed directly to the relevant third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
Evenjy is operated through Shopify, which allows us to provide you with the Services. However, all sales and purchases made through our Store are made directly with Evenjy.
By using the Services, you acknowledge and agree that Shopify is not responsible for aspects of sales between you and Evenjy, including injuries, damages or losses resulting from products and services purchased, except where applicable law provides otherwise. Nothing in these Terms excludes or limits any liability that cannot legally be excluded or limited.
SECTION 10: PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy, available here, while certain personal information may be subject to Shopify’s Privacy Policy, available here.
By using the Services, you confirm that you have read these privacy policies.
As the Services are hosted on Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services.
Information that you submit to the Services may be transmitted to and shared with Shopify and third parties who may be located in countries other than your own in order to provide the Services. Please consult our Privacy Policy for further details on how we, Shopify and our partners use your personal information.
SECTION 11: COMMENTS
If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, opinions, proposals, plans or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Comments in any medium and for any purpose, including commercial purposes. For example, we may use our rights under this licence to operate, provide, evaluate, improve and promote the Services, and to fulfil our obligations and exercise our rights under these Terms of Use.
You also represent and warrant that: (i) you own or hold all necessary rights to all Comments; (ii) you have disclosed any compensation or incentive received in connection with submitting the Comments; and (iii) your Comments comply with these Terms. We have no obligation and will have no obligation to (1) maintain the confidentiality of user Comments; (2) pay compensation for user Comments; or (3) respond to user Comments.
We may, but are not required to, monitor, modify or remove Comments that we consider, at our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringe the intellectual property rights of a third party or these Terms of Use.
You agree that your Comments will not infringe any third-party rights, including copyright, trademarks, privacy, personality or other personal or property rights. You also agree that your Comments will not contain defamatory, unlawful, offensive or obscene content, computer viruses or other malicious software that could affect the operation of the Services or any associated website. You may not use a false email address, impersonate another person, or mislead us or third parties regarding the origin of any Comment. The user is solely responsible for any Comment provided and for its accuracy. We assume no responsibility for Comments posted by users or third parties.
SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
It is possible that information contained in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, delivery charges, delivery times and availability. We reserve the right to correct any error, inaccuracy or omission and to modify or update information or cancel orders if the information is inaccurate, at any time and without notice, even after you have placed your order, subject to applicable law and your statutory rights.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You are prohibited from accessing or using the Services, directly or indirectly:
(a) for unlawful or malicious purposes;
(b) to violate any applicable law, regulation, rule or legal requirement;
(c) to infringe our intellectual property rights or those of third parties;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm our employees or any other person;
(e) to transmit false or misleading information;
(f) to knowingly transmit, receive, download, use or reuse any material that does not comply with these Terms;
(g) to transmit or cause to be transmitted any advertising or promotional material, including “junk mail”, “chain letters”, “spam” or similar solicitation;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in any other conduct that restricts or prevents anyone from using or enjoying the Services, or which, in our opinion, could harm Evenjy, Shopify or users of the Services, or expose them to liability.
You also agree not to:
(a) upload or transmit viruses or any other malicious code that could affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services;
(c) collect or track the personal information of other people;
(d) send spam, engage in phishing, pharming, pretexting, spidering, crawling or scraping; or
(e) interfere with or circumvent the security features of the Services or any associated website, other websites or the Internet.
We reserve the right to suspend, disable or close your account at any time, without notice, if we reasonably believe that you have breached any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or interrupt your access to the Services, or any part thereof, where permitted by applicable law and in accordance with these Terms. You will remain responsible for all amounts due up to and including the date of termination.
The following sections will remain applicable after termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for informational purposes only. We do not guarantee the accuracy, completeness or usefulness of such information. Any reliance placed on such information is strictly at your own risk. We disclaim responsibility arising from reliance on such information by you or any other visitor to the Services, or by any person who may have become aware of it.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE BY EVENJY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER, INCLUDING RIGHTS RELATING TO THE QUALITY, DESCRIPTION OR FITNESS FOR PURPOSE OF GOODS.
SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVENJY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING FROM OR RELATED TO THE USE OF ANY SERVICE OR PRODUCT PURCHASED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. NOTHING IN THESE TERMS EXCLUDES OR LIMITS YOUR STATUTORY CONSUMER RIGHTS OR LIABILITY FOR GOODS THAT ARE FAULTY OR NOT AS DESCRIBED WHERE SUCH LIABILITY CANNOT LEGALLY BE EXCLUDED OR LIMITED.
SECTION 17 - INDEMNIFICATION
You agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless Evenjy, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or third-party claim, including reasonable legal fees, arising from or related to (1) your breach of these Terms of Use or documents incorporated by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.
We will notify you of any claim giving rise to an indemnification obligation, provided that failure to provide timely notice will not release you from your obligations except to the extent you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including the choice of legal counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent, which may not be unreasonably withheld. You will cooperate in the defence of indemnifiable claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
If any provision of these Terms of Use is found to be unlawful, invalid or unenforceable, that provision will remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Use. This decision will not affect the validity and enforceability of the remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of that right or provision.
These Terms of Use, together with any policy or operating rule that we publish on this website or in connection with the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, replacing all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, without limitation, any previous version of the Terms of Use.
Any ambiguity in the interpretation of these Terms of Use will not automatically be interpreted against the party that drafted them.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notification, subject to applicable law.
SECTION 21 - GOVERNING LAW
These Terms of Use and any separate agreement under which we provide you with the Services shall be governed by and interpreted in accordance with the laws applicable to Evenjy, without prejudice to any mandatory consumer protection rights applicable to consumers in England and Wales.
Nothing in these Terms prevents a consumer from relying on mandatory rights or protections available under the laws applicable to them.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and do not limit or affect these Terms in any way.
SECTION 23 - CHANGES TO THE TERMS OF USE
You can review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will inform 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 Services after changes to these Terms of Use have been posted constitutes acceptance of those changes, to the extent permitted by applicable law.
SECTION 24 - CONTACT INFORMATION
Any questions regarding the Terms of Use should be sent to evenjycontact@gmail.com.
Our contact details are as follows:
Evenjy