Terms of service

Overview

Welcome to Heart Choice! “We,” “us,” and “our” refer to Heart Choice. Heart Choice operates this store and website and provides you with a curated shopping experience (the “Service”), including all related information, content, features, tools, products, and services. Heart Choice is powered by Shopify, which enables us to provide the Service to you.

These Terms of Use, together with all policies referenced herein (collectively, the “Terms” or “Terms of Use”), describe your rights and responsibilities when you use the Service.

These Terms of Use contain important information regarding your legal rights, as well as disclaimers of warranties and limitations of liability. Please read them carefully.

By browsing, accessing, or otherwise using our Service, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you may not access or use the Service.

Section 1 - Access and Accounts

By agreeing to these Terms of Use, you represent that you have reached the age of majority in your state or region of residence, and that you have given us your consent to allow any minor dependents using devices owned, purchased, or managed by you to use the Service.

In order to use our Service (including accessing or browsing the online store, or purchasing products or services offered by us), you may be required to provide certain information, such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We make every effort to display our products and services accurately in the online store. However, please understand that the colors and appearance of products shown on screen may differ from the actual items depending on the type of device you use and its settings or configuration.

We do not guarantee that the appearance or quality of any product or service purchased by you will meet your expectations or match exactly what is displayed in the online store.

Product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products made available to any individual, region, or jurisdiction on a case-by-case basis.

Section 3 - Orders

Placing an order constitutes an offer to purchase. Heart Choice reserves the right, in its discretion and for any reason, to accept or reject any order. An order is not binding until Heart Choice confirms its acceptance. Before we accept your order, we may need to receive and process your payment. Please review your order carefully before placing it. Once an order has been accepted, Heart Choice may not be able to accommodate cancellation requests. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided at the time of the order.

Returns or exchanges of purchased items will be handled only in accordance with our Refund Policy [LINK].

You represent and warrant that any items you purchase are intended for your personal or household use only, and not for resale or export for commercial purposes.

Section 4 - Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price or fee applicable to a product or service will be the price in effect at the time your order is placed, as stated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping charges, fees, duties, or import charges.

Prices shown in our online store may differ from prices offered in physical stores, third-party online stores, or other sales channels. We may offer promotions in connection with the Service from time to time, and those promotions may affect pricing and may be governed by separate terms from these Terms of Use. In the event of any conflict between promotional terms and these Terms of Use, the promotional terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card number and expiration date, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) any credit card information you provide is true, accurate, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred by you at the posted prices, together with any shipping charges, fees, and all applicable taxes.

Section 5 - Shipping and Delivery

We are not responsible for delays in shipping or delivery. Delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs procedures, or other events beyond our control. Title to and risk of loss for products pass to you when we deliver the goods to the carrier.

Section 6 - Intellectual Property Rights

Our Service, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, is owned by Heart Choice, its affiliates, or licensors and is protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms of Use permit you to use the Service for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content on the Service without our prior written consent, except as expressly permitted by these Terms. Nothing in these Terms shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property right of Heart Choice, Shopify, or any third party, except as expressly provided herein. Unauthorized use of the Service may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Heart Choice.

The Heart Choice name, logo, product and service names, designs, and slogans are trademarks of Heart Choice, its affiliates, or licensors. You may not use such marks without the prior written permission of Heart Choice. The Shopify 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 Service are the trademarks of their respective owners.

Section 7 - Optional Tools

We may provide access to customer tools offered by third parties as part of the Service. We neither monitor nor control, nor have any input into, those tools.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, conditions, or endorsements of any kind. We shall have no liability whatsoever 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 approve of the terms on which those tools are provided by the relevant third-party provider.

We may also, in the future, offer new features through the Service, including the release of new tools and resources. Such new features shall also be subject to these Terms of Use.

Section 8 - Third-Party Links

The Service may include materials from third parties or hyperlinks to websites operated or maintained by third parties, including cases where third-party functionality is embedded. We are not responsible for examining or evaluating the content or accuracy of such third-party materials or websites. If you leave our Service to access third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on those third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

Section 9 - Relationship with Shopify

[Note to Merchant: This section accurately describes the relationship between Shopify and your store, and must not be removed or modified.]

Heart Choice is powered by Shopify, which enables us to provide the Service to you. However, all sales and purchases made in our store are transactions directly between you and Heart Choice. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Heart Choice, including any injury, damage, or loss arising from products or services purchased by you. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or relating to your purchases and transactions with Heart Choice.

Section 10 - Privacy Policy

All personal information we collect through the Service is subject to our Privacy Policy, which may be viewed here: [LINK]. In addition, certain personal information may be subject to Shopify’s Privacy Policy. By using the Service, you acknowledge that you have read these privacy policies.

Because the Service is hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Service in order to provide and improve the Service. Information you submit to the Service may be transmitted to and shared with Shopify and third parties located outside the country in which you reside and may be used to provide services to you. For more information about how we, Shopify, and our partners use your personal information, please see the Privacy Policy here: [LINK].

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, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. For example, we may use rights granted under this license to operate, provide, evaluate, improve, enhance, and promote the Service, and to perform our obligations and exercise our rights under these Terms of Use.

You further represent and warrant that: (i) you own all rights in the Feedback or otherwise have all necessary rights to submit it; (ii) you have disclosed any compensation or incentives received in connection with the submission of the Feedback; and (iii) your Feedback complies with these Terms of Use. We are under no obligation to: (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any third party’s intellectual property rights or these Terms of Use.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous, unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and 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

Occasionally there may be information on the Service or within the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without prior notice, including after you have submitted your order.

Section 13 - Prohibited Uses

You may access and use the Service only for lawful purposes. You may not, directly or indirectly, access or use the Service for: (a) any unlawful or malicious purpose; (b) violating any international, federal, provincial, state, or local law, regulation, or ordinance; (c) infringing or violating our intellectual property rights or the intellectual property rights of others; (d) harassing, abusing, insulting, defaming, slandering, disparaging, intimidating, or otherwise harming our employees or any other person; (e) submitting false or misleading information; (f) sending, receiving, uploading, downloading, using, or reusing material that does not comply with these Terms of Use; (g) transmitting or procuring the sending of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations; (h) impersonating or attempting to impersonate another person or entity; or (i) engaging in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which we determine may harm Heart Choice, Shopify, users of the Service, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Service; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without authorization; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, crawling, or scraping; or (e) interfere with or circumvent the security features of the Service, any related website, other websites, or the Internet. If we determine that you have violated any provision of these Terms of Use, we reserve the right to suspend, disable, or terminate your account without notice.

Section 14 - Termination

We may, at any time and in our sole discretion, terminate this Agreement or your access to the Service (or any part thereof) without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following provisions shall survive termination: Intellectual Property Rights, 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 15 - Disclaimer of Warranties

The information provided on or through this Service is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim