Terms of service
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OVERVIEW
Welcome to Everly Dear! The terms “we”, “us” and “our” refer to Everly Dear. Everly Dear operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the “Services”).
Everly Dear is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referred to herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and that you have given us permission to allow any minor dependants under your care to use the Services on devices that you own, purchase or control.
To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, delivery address and payment details.
You represent and warrant that all information you provide through our stores is accurate, current and complete and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity carried out through your account. You may not transfer, sell, assign or license your account to another person.
SECTION 2 – OUR PRODUCTS
We have made every effort to accurately display our products and services in our online stores. However, please note that the colours or appearance of products may differ from how they appear on your screen due to the type of device you use to access the store and your device's settings and configuration.
We do not guarantee that the appearance or quality of products or services purchased by you will meet your expectations or be identical to those displayed or delivered through our online stores, subject always to any rights you may have under applicable Australian consumer law.
All product descriptions may be changed at any time without notice at our sole discretion.
We reserve the right to discontinue any product at any time and may limit the quantities of products we offer on a case-by-case basis to any person, geographic region or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Everly Dear reserves the right to accept or decline your order for any reason at our sole discretion.
Your order is not accepted until Everly Dear has confirmed acceptance. We must receive and process your payment before your order is accepted.
Please carefully review your order before submitting it, as Everly Dear may not be able to process cancellation requests after an order has been accepted.
If we do not accept, modify or cancel an order, we will endeavour to notify you by contacting the email address, billing address and/or telephone number you provided when placing the order.
Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK], subject to your rights under applicable Australian consumer law.
You represent and warrant that your purchases are for your own personal or household use and are not intended for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts and promotions may 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 shown in your order confirmation email.
Unless expressly stated otherwise, displayed prices exclude applicable taxes, shipping and handling charges, and any customs duties or import charges.
Prices in our online stores may differ from prices available in physical stores, online stores or other retail outlets operated by third parties.
From time to time, we may offer promotions through the Services that may affect pricing and that are subject to separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will apply.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our stores.
You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you when necessary.
You represent and warrant that:
(i) the payment card information you provide is true, accurate and complete;
(ii) you are properly authorised to use the payment card for the purchase;
(iii) charges made by you will be honoured by your payment card provider; and
(iv) you will pay all charges made by you at the prices displayed, including applicable shipping and handling charges and taxes, where applicable.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays.
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance or events outside our reasonable control.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under applicable Australian consumer law.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product controls, video and audio, and the design, selection and arrangement thereof, are owned by Everly Dear, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms allow you to use the Services solely for personal, non-commercial purposes.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material available through the Services without our prior written permission.
Unless expressly stated otherwise in these Terms, nothing in these Terms grants you a licence or other rights, and nothing shall be interpreted as granting you a licence or other rights under any patent, trademark, copyright or other intellectual property belonging to Everly Dear, Shopify or any third party.
Unauthorised use of the Services may constitute a violation of applicable intellectual property laws.
All rights not expressly granted herein are reserved by Everly Dear.
The names, logos, product and service names, designs and slogans of Everly Dear are trademarks of Everly Dear or its subsidiaries or licensors.
You may not use such trademarks without the prior written permission of Everly Dear.
Shopify's name, logo, product and service names, designs and slogans 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 be provided with access to third-party tools as part of the Services over which we have no control or input.
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 have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which those tools are provided by the relevant third-party providers.
We may also offer new features through the Services in the future, including the release of new tools and resources.
Any new features will also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.
We are not responsible for examining 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 third-party materials or websites, you do so at your own risk.
We are not liable for any loss or damage arising from your access to third-party websites or your purchase or use of products, services, resources or content available through third-party websites.
Please carefully review the third party's policies and practices and make sure you understand them before entering into any transaction.
Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.]
Everly Dear is powered by Shopify, which enables us to provide the Services to you.
However, all sales and purchases made through our Store are made directly with Everly Dear.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Everly Dear, including any injury, damage or loss arising from products or services purchased.
To the extent permitted by law, you expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or relating to your purchases and transactions with Everly Dear.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK].
Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here [LINK].
By using the Services, you acknowledge that you have read the applicable privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.
Information that you submit through the Services may be transferred to and shared with Shopify and third parties located in countries other than Australia in order to provide services to you.
Please review our Privacy Policy [LINK] for more information about how we, Shopify and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial purposes.
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 Service.
You also represent and warrant that:
(i) you own or have all necessary rights to all Feedback;
(ii) you have disclosed any compensation or incentives you have received in connection with your Feedback; and
(iii) your Feedback complies with these Terms.
We are under no obligation to:
(1) maintain your Feedback in confidence;
(2) pay compensation for your Feedback; or
(3) respond to your Feedback.
We may monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service, but we are not obligated to do so.
You agree that your Feedback will not infringe any third-party rights, including copyright, trademark, privacy, publicity or other personal or proprietary rights.
You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.
You may not use a false email address, impersonate another person or otherwise mislead us or third parties regarding the origin of any Feedback.
You are solely responsible for any Feedback you provide and for its accuracy.
We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted an order.
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes.
You must not directly or indirectly access or use the Services:
(a) for any unlawful or malicious purpose;
(b) to violate any applicable international, federal, state, territory or local laws, regulations or ordinances;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, intimidate or discriminate against our employees or any other person;
(e) to submit false or misleading information;
(f) to transmit, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms;
(g) to send or facilitate the sending of advertising or promotional material, including “junk mail”, “chain letters”, “spam” or similar solicitations;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Everly Dear, Shopify or users of the Services or expose them to liability.
You further agree not to:
(a) upload or transmit viruses or other malicious code that may affect or interfere with the functionality or operation of the Services;
(b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext or scrape the Services;
(e) use robots, spiders, scraping, data-mining or data-extraction tools, automated devices or processes, AI tools (including agentic AI), or manual means to access the Services; or
(f) interfere with, bypass, circumvent or otherwise avoid any security or authorisation features, robot exclusion headers or other measures used by us to restrict access to the Services.
We reserve the right to suspend, disable or terminate your account at any time without prior notice if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1
This section (“Agent Terms”) applies if you use, permit, enable or allow an Agent to access, use or interact with the Services.
“Agent” means any software or service that autonomously or semi-autonomously takes action on behalf of or at the direction of a person or entity and that may operate through or using a person's device without direct supervision.
14.2
An Agent must not access, use or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements in Section 14.4 below.
In addition, an Agent must not access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any Service.
14.3
We may restrict, including through technical measures, whether and how an Agent accesses, uses or interacts with the Services.
14.4
Agents must:
(i) identify in all HTTP/HTTPS requests that the request originates from an Agent and disclose the Agent's name by including the following in the request's user-agent string: “Agent/[agent name]”;
(ii) not conceal or obscure that access, use or interaction originates from an Agent, including by:
(a) imitating human behaviour or interaction patterns; or
(b) completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use;
(iii) truthfully answer questions or prompts intended to determine whether interactions originate from a human or a computer; and
(iv) not bypass or otherwise avoid measures designed to block, restrict, modify or control whether or how Agents access, use or interact with the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, at any time at our sole discretion and without prior notice.
You remain liable for all amounts owing up to and including the date of termination.
The following sections will survive termination:
Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions which by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general informational purposes only.
We do not warrant the accuracy, completeness or usefulness of this information.
Any reliance you place on such information is strictly at your own risk.
To the extent permitted by applicable law, we disclaim all liability and responsibility arising from reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of their contents.
EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, TO THE EXTENT PERMITTED BY LAW, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCEPTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, restricted or modified under applicable Australian law, including rights available to consumers under the Australian Consumer Law.
SECTION 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT.
This includes, without limitation, errors or omissions in content, or any loss or damage arising from the use of the Services or any content or product posted, transmitted or otherwise made available through the Services, even if we have been advised of the possibility of such damages.
Nothing in these Terms excludes, restricts or modifies any liability, guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified under applicable Australian law.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Everly Dear, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable legal fees, payable to third parties arising out of or resulting from:
(1) your breach of these Terms of Service or any documents incorporated by reference;
(2) your violation of any law or the rights of a third party; or
(3) your access to or use of the Services.
We will notify you of any claim that may be subject to indemnification, provided that any failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced as a result.
We may control the defence and settlement of any such claim at your expense, including the selection of legal counsel, but we will not settle any claim that requires you to undertake non-monetary obligations without your consent, which must not be unreasonably withheld.
You agree to cooperate with the defence of any indemnifiable claim, including by providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service.
Such determination will not affect the validity and enforceability of the remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service.
They supersede all prior and contemporaneous agreements, communications and proposals, whether oral or written, including any previous versions of these Terms of Service.
Any ambiguity in the interpretation of these Terms of Service will not be construed against the party responsible for drafting them.
SECTION 21 – ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void.
We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide services to you will be governed by and construed in accordance with the applicable laws of the jurisdiction in which Everly Dear is established.
You and Everly Dear agree to submit to the applicable courts of that jurisdiction and their relevant jurisdiction and venue requirements.
Nothing in this section is intended to exclude any mandatory consumer rights or protections that apply to Australian consumers under applicable Australian law.
SECTION 23 – HEADINGS
The headings used in this agreement are provided for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes.
We will notify you of 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 any changes to these Terms of Service have been posted constitutes your acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Our contact details are:
Everly Dear
info@everlydear.com
Kuijperlaan 21, Asten-Heusden
+31 6 1041 2310
KVK: 95718338
VAT: NL005170699B17