Terms of service

1. Overview

Welcome to Shop Her Moment. In these Terms of Service, the words "we," "us," and "our" refer to Shop Her Moment.

We operate this website and online store, including the information, content, features, tools, products, and related services made available through it (collectively, the "Services"). Our store is hosted by Shopify, which provides the e-commerce platform that allows us to offer the Services.

These Terms of Service ("Terms"), together with any policies referenced in them, govern your access to and use of the Services. Please read them carefully. They contain important provisions concerning your legal rights, including warranty disclaimers and limitations of liability.

By accessing, browsing, purchasing from, or otherwise using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

2. Eligibility and Accounts

By using the Services, you confirm that you are at least the age of majority in your state, province, or country of residence. If you permit a minor dependent to use the Services through a device or account you own or control, you accept responsibility for that use to the extent permitted by law.

We may require information such as your name, email address, billing details, payment information, and shipping address. You agree that all information you provide will be accurate, current, and complete and that you have the legal right to provide it.

You are responsible for safeguarding your account credentials and for activities conducted through your account. You may not sell, transfer, assign, or license your account to another person. Notify us promptly at shophermoment@gmail.com if you believe your account has been accessed without authorization.

3. Products and Product Information

We aim to present our products accurately. However, colors, dimensions, textures, and other visual details may appear differently depending on your screen, device, lighting, and display settings. We do not guarantee that every product will look exactly as it appears online.

Product descriptions, prices, specifications, and availability may be changed at any time without notice. We may discontinue products or limit sales by customer, household, order, location, or jurisdiction where permitted by law.

Unless otherwise stated, product photographs and display materials are for illustrative purposes. Any warranties that cannot legally be excluded remain unaffected.

4. Orders and Acceptance

Submitting an order is an offer to purchase the products shown in your order. An automated confirmation that we received your order does not necessarily mean that we have accepted it. We accept an order when we confirm acceptance or dispatch the applicable products, depending on our stated checkout process.

We may reject, limit, correct, or cancel an order where permitted by law, including when:

• A product is unavailable.
• Pricing or product information contains a material error.
• Payment cannot be authorized or processed.
• We suspect fraud, unauthorized activity, or a violation of these Terms.
• The order appears intended for unauthorized resale or export.

If we change or cancel an order, we will attempt to contact you using the email address, telephone number, or billing information provided at checkout. If payment has already been collected for a canceled item, we will issue any refund required by applicable law.

Review your order carefully before submitting it. We may not be able to change or cancel an accepted order once processing has begun.

Products are sold for personal or household use unless we agree otherwise in writing. You may not purchase products for unauthorized commercial resale or export.

Returns and exchanges are governed by our Refund and Return Policy.

5. Prices, Payments, and Billing

Prices, discounts, and promotions may change without notice. Subject to correction of errors and applicable law, the price charged will be the price displayed when you submit your order and shown in your order confirmation.

Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling charges, customs duties, import fees, or similar charges. You are responsible for applicable charges identified at checkout or imposed by your jurisdiction.

Prices offered online may differ from those available through physical locations, marketplaces, or third-party sellers. Promotions may have separate rules. If promotional terms conflict with these Terms, the specific promotional terms will govern that promotion.

You agree to provide complete and accurate account, billing, payment, and contact information and to update that information when necessary.

By submitting payment information, you represent that:

• You are authorized to use the selected payment method.
• The information you provide is accurate and complete.
• The payment provider may charge the amounts associated with your order.
• You are responsible for the purchase price and applicable taxes, shipping costs, and other disclosed fees.

6. Shipping and Delivery

Shipping and delivery dates are estimates unless we expressly state otherwise. Delays may occur because of carriers, customs authorities, weather, supply interruptions, incorrect addresses, or circumstances outside our reasonable control.

Your order may be subject to the terms of our Shipping Policy. Responsibility for loss or damage transfers at the time required by applicable law. Nothing in these Terms limits rights that cannot legally be waived.

You are responsible for providing a complete and accurate delivery address. Additional costs caused by incorrect or incomplete shipping information may be charged to you where legally permitted.

7. Intellectual Property

The Services and their contents - including our text, graphics, photographs, videos, audio, page layouts, logos, designs, product reviews, and other materials - are owned by or licensed to Shop Her Moment and may be protected by copyright, trademark, patent, and other intellectual-property laws.

We grant you a limited, revocable, non-exclusive, and non-transferable right to use the Services for lawful personal and non-commercial purposes. Without our written permission, you may not reproduce, modify, distribute, publish, display, perform, transmit, sell, license, create derivative works from, or commercially exploit protected content from the Services.

Shop Her Moment, our logos, slogans, product names, and designs may be trademarks belonging to us or our licensors. Shopify's names, logos, and marks belong to Shopify or its licensors. Other marks appearing through the Services belong to their respective owners. No license to use any trademark is granted unless expressly stated.

8. Third-Party Tools and Services

We may provide access to tools, applications, payment systems, integrations, or features operated by third parties. Unless otherwise stated, we do not control those services and provide access to them on an "as available" basis.

Your use of a third-party service may be governed by that provider's own terms and privacy policy. You are responsible for reviewing those terms before using the service. To the extent permitted by law, we are not responsible for losses resulting solely from a third party's acts or omissions.

New features, tools, and resources added to our store will form part of the Services and will be governed by these Terms unless separate terms apply.

9. External Links

The Services may contain links to websites or resources operated by other parties. A link does not necessarily mean that we endorse, control, or guarantee the linked content, products, services, security, or privacy practices.

If you visit an external website or enter into a transaction with a third party, you do so subject to that party's terms and policies. Questions or disputes involving third-party products or services should be directed to the relevant third party.

10. Shopify's Role

Shopify supplies the technology used to host and support our online store. Purchases made from Shop Her Moment are transactions between you and Shop Her Moment, not Shopify.

To the extent permitted by applicable law, Shopify is not responsible for our products, fulfillment, customer service, representations, or transactions. Nothing in this section releases any party from liability that cannot legally be excluded.

11. Privacy

Our collection, use, disclosure, and protection of personal information are described in our Privacy Policy.

Because Shopify hosts our store, Shopify may collect and process information relating to your access to and use of the Services. Information may also be transmitted to payment processors, carriers, analytics providers, and other service providers, potentially in countries outside your place of residence.

Review our Privacy Policy and Shopify's applicable privacy materials for information about how personal information is processed and the choices available to you.

12. Reviews, Submissions, and Feedback

If you submit reviews, photographs, comments, suggestions, ideas, or other materials ("Submissions"), you grant Shop Her Moment a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, adapt, publish, display, distribute, and otherwise use those Submissions in connection with operating, improving, and promoting our business and Services, subject to applicable privacy and consumer-protection laws.

You represent that:

• You own the Submissions or have all permissions needed to provide them.
• Your Submissions are truthful and do not mislead others.
• You have disclosed any payment, free product, or other incentive connected to the Submission.
• Your Submissions do not violate another person's intellectual-property, privacy, publicity, or other legal rights.
• Your Submissions do not contain unlawful, defamatory, abusive, obscene, fraudulent, or malicious material.
• Your Submissions do not include viruses, harmful code, or unauthorized advertising.

You remain responsible for your Submissions. We may moderate, refuse, edit, or remove Submissions where permitted by law, but we are not required to monitor all user content. We are not obligated to keep unsolicited ideas confidential, pay for them, or respond to them.

13. Errors and Corrections

Information available through the Services may occasionally contain typographical mistakes, inaccurate descriptions, pricing errors, availability errors, or omissions.

Subject to applicable law, we may correct errors, update information, refuse orders, or cancel affected orders. If we cancel a paid order because of an error, we will provide any refund required by law.

14. Acceptable Use

You may use the Services only for lawful purposes. You must not use the Services to:

• Break any applicable law or assist another person in doing so.
• Infringe intellectual-property, privacy, publicity, or other legal rights.
• Harass, threaten, abuse, defame, intimidate, or harm another person.
• Submit false, fraudulent, deceptive, or misleading information.
• Impersonate another person or misrepresent your identity or affiliation.
• Send spam, chain messages, unauthorized promotions, or similar solicitations.
• Upload viruses, malicious code, or content designed to disrupt the Services.
• Scrape, crawl, harvest, or collect data except where expressly permitted by law.
• Circumvent access controls or interfere with security features.
• Reproduce, resell, or commercially exploit the Services without permission.
• Engage in conduct that interferes with another person's use of the Services or creates legal or security risk for us, Shopify, or our users.

We may restrict, suspend, or terminate access when we reasonably believe these Terms have been violated, subject to applicable law.

15. Suspension and Termination

You may stop using the Services at any time. We may suspend or terminate access to all or part of the Services if you violate these Terms, create a security or legal risk, fail to pay amounts due, or where otherwise permitted by law.

Termination does not eliminate obligations or liabilities that arose before termination. Provisions that should reasonably remain effective - including those addressing intellectual property, Submissions, payment obligations, disclaimers, liability, indemnification, and dispute terms - will survive.

16. Disclaimer of Warranties

Information provided through the Services is offered for general informational purposes. Although we aim to provide accurate and current information, we do not guarantee that all content will always be complete, accurate, reliable, or suitable for every purpose.

To the fullest extent permitted by law, the Services and products are provided "as is" and "as available." We disclaim implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except where such warranties cannot legally be excluded.

We do not warrant that the Services will be uninterrupted, secure, timely, or error-free. Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply to you. This section does not affect non-waivable consumer rights.

17. Limitation of Liability

To the fullest extent permitted by applicable law, Shop Her Moment and its owners, affiliates, officers, employees, agents, contractors, licensors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profits, revenue, savings, data, goodwill, or replacement costs, arising from or connected with the Services or products.

These limitations apply regardless of the legal theory asserted and whether we were advised that damages were possible. They do not apply to liability that cannot lawfully be limited or excluded, including any liability for which exclusion is prohibited by applicable consumer law.

18. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Shop Her Moment and our affiliates, owners, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, and reasonable legal fees arising from:

• Your material breach of these Terms.
• Your unlawful use of the Services.
• Your infringement or violation of another party's rights.
• Submissions you provide through the Services.

We will provide reasonable notice of a covered claim. You agree to cooperate with its defense. We may participate in or control the defense using counsel of our choice, subject to applicable law. We will not agree to a settlement that imposes a non-monetary obligation on you without your reasonable consent.

19. Accessibility

Shop Her Moment seeks to provide a website that is accessible and usable by visitors, including people with disabilities. We work to identify and improve accessibility barriers and to follow applicable accessibility requirements.

If you have difficulty accessing content, completing a transaction, or using a feature, contact us at shophermoment@gmail.com. Please describe the page or feature involved and the assistance you need so that we can respond appropriately.

Nothing in this section limits any right or remedy available under applicable law.

20. Severability

If a court or other authority finds any part of these Terms unlawful, invalid, or unenforceable, that part will be enforced to the greatest extent allowed by law or severed where necessary. The remaining provisions will continue in effect.

21. No Waiver

If we do not immediately exercise or enforce a right under these Terms, that does not waive the right or prevent us from enforcing it later. A waiver is effective only when made in writing by an authorized representative.

22. Entire Agreement

These Terms and the policies expressly incorporated into them constitute the entire agreement between you and Shop Her Moment concerning the Services and supersede prior communications or agreements concerning the same subject.

Any ambiguity will be interpreted fairly under applicable law and will not automatically be construed for or against either party solely because that party drafted the language.

23. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms as part of a merger, acquisition, reorganization, financing, sale of assets, or transfer of our business, or as otherwise permitted by law.

24. Governing Law 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Shop Her Moment is headquartered. You and Shop Her Moment consent to venue and personal jurisdiction in such courts.

25. Changes to These Terms

We may revise these Terms from time to time. The current version will be posted on this page with an updated effective date.

When required by law, we will provide appropriate notice of material changes. Changes will take effect on the date stated in the notice or revised Terms. Your continued use of the Services after that effective date means you accept the updated Terms, except where applicable law requires another form of consent.

26. Contact Us

Questions about these Terms may be sent to:

Shop Her Moment
Email: shophermoment@gmail.com