TERMS OF REFERENCE

OVERVIEW

Happervilla is the owner and operator of this website. The phrases "we," "us," and "our" refer to Happervilla throughout the site. Happervilla provides you, the user, with this website, including all information, tools, and services available through this site, conditioned on your acceptance of all terms, conditions, policies, and notices described here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), as well as any other terms and conditions and policies linked herein and/or accessible through hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, suppliers, customers, merchants, and/or content creators.
Please carefully read these Terms of Service before accessing or using our website. You agree to be bound by these Terms of Service by accessing or using any element of the site. You may not visit the website or use any services if you do not agree to all of the terms and conditions of this agreement. Acceptance is solely restricted to these Terms of Service if these Terms of Service are deemed an offer.
Any new features or tools added to the current shop will be subject to the Terms of Service as well. The most recent version of the Terms of Service may be seen on this page at any time. By making updates and/or modifications to our website, we retain the right to update, amend, or replace any portion of these Terms of Service. It is your duty to check this page for updates on a regular basis. Your continued use or access to the website after such modifications are posted implies acceptance of those changes.
Shopify Inc. hosts our store. They provide the online e-commerce platform via which we may sell our items and services to you.

SECTION 1 - TERMS OF ONLINE STORE
By agreeing to these Terms of Service, you represent that you are at least the legal age of majority in your state or province of residence, or that you are the legal age of majority in your state or province of residence and have given us permission to allow any of your minor dependents to use this site.
You may not use our goods for any unlawful or unauthorized purpose, and you may not break any laws in your area by using the Service (including but not limited to copyright laws).
You are not permitted to send any worms, viruses, or disruptive code.
Any violation of the Terms will result in the immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We have the right to refuse service to anybody at any time for any reason.
You acknowledge that your content (except credit card information) may be transported unencrypted and may entail (a) transmissions across different networks and (b) modifications to meet and adapt to technical requirements of connected networks or devices. Credit card information is always encrypted during network transfer.
Without our explicit written consent, you undertake not to replicate, duplicate, copy, sell, resell, or exploit any component of the Service, use of the Service, or access to the Service or any contact on the website through which the service is offered.
The headers in this agreement are presented for convenience only and have no bearing on the Terms.

SECTION 3 - INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS
We are not liable if the information on this site is not accurate, complete, or up to date; the material on this site is provided for general information only and should not be relied on or used as the sole basis for making decisions without consulting primary, more accurate, complete, or up to date sources of information. Any reliance on the information on this website is entirely at your own risk.
This website may contain historical information. Historical material is, by definition, out of date and is given only for your convenience. We retain the right to change the contents of this site at any time, but we are under no duty to keep any material on our site up to date. You acknowledge that it is your obligation to keep track of changes to our website.

SECTION 4 - SERVICE AND PRICES MODIFICATIONS
Our product prices are subject to change without notice.
We retain the right to alter or discontinue the Service (or any part or content thereof) at any time and without notice.
We will not be accountable to you or any third person if the Service is modified, priced, suspended, or discontinued.

SECTION 5 - PRODUCT AND SERVICES (if applicable)
Certain items or services may only be offered through the website. These items or services may be in limited supply and are only returnable or exchangeable in accordance with our Return Policy.
We have made every attempt to portray the colours and pictures of our items that show in the store as precisely as possible. We cannot guarantee that the colours seen on your computer monitor will be accurate.
We retain the right, but are under no obligation, to limit the sale of our products or Services to any individual, geographic location, or jurisdiction. We may exercise this privilege on an individual basis. We retain the right to limit the quantity of any of our products or services. All product descriptions and prices are subject to change at any moment without notice, at our sole discretion. At any moment, we have the right to withdraw any product. Any offer made on this site for any goods or service is void where prohibited.
We make no guarantee that the quality of any items, services, information, or other material purchased or accessed by you will meet your expectations, nor do we guarantee that any errors in the Service will be repaired.

SECTION 6 - BILLING AND ACCOUNT INFORMATION ACCURACY
We have the right to reject any order placed with us. We reserve the right, in our sole discretion, to limit or cancel the number of items purchased per person, per household, or per order. Orders placed by or under the same customer account, credit card, and/or billing and/or delivery address may be subject to these restrictions. If we alter or cancel an order, we may attempt to tell you by contacting the e-mail address and/or billing address/phone number supplied at the time the transaction was placed. We have the right to limit or reject orders that appear to be placed by dealers, resellers, or distributors in our sole discretion.
For any purchases made at our shop, you agree to provide current, complete, and accurate purchase and account information. You agree to keep your account and other information up to date, including your email address, credit card numbers, and expiry dates, so that we can process transactions and contact you as required.
Please see our Returns Policy for more information.

SECTION 7 - EXTRA TOOLS
We may offer you with access to third-party tools over which we have no control or involvement.
You understand and agree that we provide such tools "as is" and "as available," with no warranties, representations, or terms of any kind, and without any endorsement. We accept no liability originating from or related to your use of optional third-party tools.
Any use of optional tools supplied through the site is fully at your own risk and discretion, and you should verify that you are aware with and approve of the conditions under which the relevant third-party supplier provides the tools (s).
We may also provide new services and/or features on the website in the future (including, the release of new tools and resources). These Terms of Service will apply to any additional features and/or services.

SECTION 8 - LINKS TO THIRD-PARTY WEBSITES
Third-party materials may be included in certain content, goods, and services offered via our Service.
Third-party links on our site may take you to websites that are not associated with us. We are not responsible for inspecting or analyzing the content or accuracy of third-party materials or websites, nor do we warrant or accept liability or responsibility for any third-party materials, products, or services.
We are not accountable for any injury or damages resulting from the purchase or usage of goods, services, resources, material, or any other transactions conducted through any third-party websites. Please carefully research and understand the third-rules party's and procedures before engaging in any transaction. Third-party product complaints, claims, concerns, or inquiries should be directed to the third-party.

SECTION 9 - COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS FROM USERS
If you send us creative ideas, suggestions, proposals, plans, or other materials (collectively, "comments"), whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments that you forward to us in any medium. We are and shall be under no duty to (1) keep any comments confidential, (2) compensate for any remarks, or (3) react to any comments.
We may, but are under no obligation to, monitor, edit, or delete material that we deem to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property or our Terms of Service.
You agree that your comments will not infringe on any third-rights, party's including copyright, trademark, privacy, personality, or any other personal or property right. You also agree that your comments will not contain libelous or otherwise unlawful content, nor will they be abusive or obscene, nor will they contain any computer virus or other malware that might interfere with the functioning of the Service or any connected website. You may not use a fraudulent e-mail address, pose as someone other than yourself, or otherwise mislead us or third-party commenters as to the origin of any remarks. You are completely responsible for the accuracy of any comments you post. We accept no responsibility or liability for any remarks made by you or any other party.

PERSONAL INFORMATION SECTION 10
Our Privacy Policy governs your submission of personal information through the shop. View our Privacy Statement.

ERRORS, INACCURACIES, AND OMISSIONS SECTION 11
On occasion, content on our website or in the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, price, promotions, offers, product shipping charges, transit times, and availability. We reserve the right, at any time and without prior notice, to rectify any mistakes, inaccuracies, or omissions, and to modify or update information or cancel orders if any information in the Service or on any connected website is erroneous (including after you have submitted your order).
Except as required by law, we make no commitment to update, revise, or clarify anything in the Service or on any connected website, including price information. There is no specific update or refresh date applied in the Service or on any linked website that should be interpreted as indicating that all information in the Service or on any associated website has been amended or updated.

SECTION 12 - PROHIBITED APPLICATIONS
In addition to the other prohibitions stated in the Terms of Service, you are prohibited from using the site or its content for the following reasons: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult For breaching any of the prohibited uses, we retain the right to suspend your usage of the Service or any connected website.

SECTION 13 - WARRANTY DISCLAIMER; LIABILITY LIMITATION
We make no guarantees, representations, or warranties that your use of our service will be continuous, timely, secure, or error-free.
We can not guarantee that the results gained from using the service will be accurate or dependable.
You accept that we may discontinue the service for indeterminate lengths of time or cancel it at any moment without prior notification to you.
You expressly acknowledge that your use of the service, or inability to utilize it, is entirely at your own risk. The service and all products and services delivered to you via the service are provided 'as is' and 'as available' for your use, without any express or implied representation, warranties, or conditions of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Happervilla, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise. Because certain states or countries do not allow the exclusion or limitation of responsibility for consequential or incidental damages, our liability shall be limited to the fullest extent permissible by law in such states or jurisdictions.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Happervilla and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or regulation.

SECTION 15 - PERMANENCE
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - SUSPENSION
For all reasons, the parties' responsibilities and liabilities accrued prior to the termination date will survive the termination of this agreement.
These Terms of Service are in force until either you or us terminate them. You may terminate these Terms of Service at any time by telling us that you no longer desire to utilize our Services or by discontinuing usage of our website.
If, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, or we suspect that you have failed to comply, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).

SECTION 17 - COMPLETE AGREEMENT
We shall not be deemed to have waived any right or provision of these Terms of Service if we fail to exert or enforce such right or provision.
These Terms of Service, as well as any policies or operating rules posted by us on this site or in relation to The Service, represent the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any discrepancies in the interpretation of these Terms of Service shall not be held against the party who drafted them.

GOVERNING LAW (SECTION 18)
These Terms of Service, as well as any individual agreements under which we supply you Services, are regulated and construed in compliance with international Laws.

SECTION 19 - TERMS OF SERVICE CHANGES
The most recent version of the Terms of Service may be seen on this page at any time.
We retain the right to update, amend, or replace any element of these Terms of Service at our sole discretion by publishing updates and modifications to our website. It is your duty to monitor our website for modifications on a regular basis. Your continued use or access to our website or the Service after any modifications to these Terms of Service are posted signifies acceptance of such changes.

SECTION 20 - CONTACT DETAILS
If you have any questions concerning the Terms of Service, please contact us at info@happervilla.com.