Terms of service

Overview

Welcome to EVERVESTA! The terms "we," "us," and "our" refer to EVERVESTA. EVERVESTA operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). EVERVESTA is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service ("Terms"), together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights, warranty disclaimers, and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.

Section 1 — Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence and have given consent to allow any minor dependents to use the Services on devices you own or manage.

To use the Services, you may be asked to provide information such as your email address, billing, payment, and shipping information. You represent and warrant that all information provided is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and all account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 — Our Products

We have made every effort to accurately represent our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device type, settings, and configuration. We do not warrant that the appearance or quality of any products will meet your expectations or match depictions in our store.

All 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 may limit quantities offered to any person, geographic region, or jurisdiction.

Section 3 — Orders

When you place an order, you are making an offer to purchase. EVERVESTA reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until EVERVESTA confirms acceptance and processes your payment.

Please review your order carefully before submitting. Once an order is accepted, EVERVESTA may be unable to accommodate cancellation requests. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided at the time of purchase.

Refund and replacement requests for your purchases are handled solely in accordance with our Refund & Replacement Policy.

You represent and warrant that your purchases are 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 will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices in our online store may differ from those offered in physical stores or third-party platforms. Promotional pricing is governed by separate terms; in the event of a conflict, promotion terms will govern.

You agree to provide current, complete, and accurate payment information for all purchases. You represent and warrant that (i) your credit card information is true and complete, (ii) you are authorized to use the card, (iii) charges will be honored by your card issuer, and (iv) you will pay all charges at posted prices, including shipping, handling, and applicable taxes.

Section 5 — Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once products are transferred to the carrier, title and risk of loss passes to you. For full details, see our Shipping Policy.

Section 6 — Intellectual Property

Our Services — including all trademarks, brands, text, displays, images, graphics, video, audio, and the design, selection, and arrangement thereof — are owned by EVERVESTA, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Unauthorized use may violate federal and state intellectual property laws. All rights not expressly granted are reserved by EVERVESTA.

EVERVESTA's names, logos, product and service names, designs, and slogans are trademarks of EVERVESTA or its affiliates. You must not use such marks without prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify Inc. All other marks on the Services belong to their respective owners.

Section 7 — Optional Tools

You may be provided access to third-party tools, which we neither monitor nor control. We provide access to such tools "as is" and "as available" without any warranties, representations, or endorsement. We shall have no liability arising from your use of optional third-party tools.

Any use of optional tools is entirely at your own risk. You should ensure you are familiar with and approve of the terms provided by the relevant third-party provider(s). We may also offer new features and tools in the future, which shall be deemed part of the Services and subject to these Terms.

Section 8 — Third-Party Links

The Services may contain hyperlinks to third-party websites or embedded third-party functionality. We are not responsible for the content, accuracy, or practices of any third-party sites. If you leave the Services to access third-party content, you do so at your own risk.

We are not liable for any harm or damages related to your use of third-party websites, products, or services. Please review third-party policies carefully before engaging in any transaction. Complaints regarding third-party products should be directed to the third-party.

Section 9 — Relationship with Shopify

EVERVESTA is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases are made directly with EVERVESTA. By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and EVERVESTA, including any injury, damage, or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from your purchases with EVERVESTA.

Section 10 — Privacy Policy

All personal information collected through the Services is subject to our Privacy Policy and, where applicable, Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Information you submit may be transmitted to Shopify and third parties located in other countries in order to provide services to you.

Section 11 — Feedback

If you submit any ideas, suggestions, feedback, reviews, or other content ("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 use.

You represent and warrant that you own or have all necessary rights to your Feedback, have disclosed any compensation received in connection with it, and that it complies with these Terms. We are under no obligation to maintain Feedback in confidence, pay compensation for it, or respond to it.

We may monitor, edit, or remove Feedback that we determine to be unlawful, offensive, or otherwise objectionable. You are solely responsible for any Feedback you submit and its accuracy.

Section 12 — Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

Section 13 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon intellectual property rights; (d) to harass, harm, or defame any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or spam; (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use of the Services.

You also agree not to: (a) upload viruses or malicious code; (b) reproduce, sell, or exploit any portion of the Services; (c) collect personal information of others; (d) use automated tools, bots, scrapers, or AI agents to access the Services; or (e) interfere with or circumvent security features of the Services. We reserve the right to suspend or terminate your account at any time if you violate any part of these Terms.

Section 14 — Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person or entity and that can be executed without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with Section 14.4 below. No Agent may access the Services if we have requested that it refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) identify that requests are from an Agent and disclose the Agent's name in the HTTP/HTTPS user agent string as "Agent/[agent name]"; (ii) not conceal or obfuscate that interactions are from an Agent, including by mimicking human behavior or circumventing CAPTCHAs; (iii) respond truthfully to any prompt seeking to determine if interactions are from a human or computer; and (iv) not circumvent any measure intended to block, limit, or control Agent access to the Services.

Section 15 — Termination

We may terminate this agreement or your access to the Services at any time without notice at our sole discretion. You will remain liable for all amounts due up to and including the date of termination.

The following sections 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 that by their nature should survive.

Section 16 — Disclaimer of Warranties

Information presented through the Services is for general information purposes only. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY EVERVESTA, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

Section 17 — Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, EVERVESTA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND THOSE OF SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

Section 18 — Indemnification

You agree to indemnify, defend, and hold harmless EVERVESTA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim. We may control the defense and settlement at your expense but will not settle any claim requiring non-monetary obligations from you without your consent. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Section 19 — Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of any remaining provisions.

Section 20 — Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with any policies or operating rules posted on this site, constitute the entire agreement between you and EVERVESTA and govern your use of the Services, superseding any prior agreements, communications, or proposals, whether oral or written. Any ambiguities in interpretation shall not be construed against the drafting party.

Section 21 — Assignment

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations without our prior written consent; any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 22 — Governing Law

These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. You and EVERVESTA consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Florida.

Section 23 — Headings

Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 — SMS/Text Messaging Terms

If you opt in to EVERVESTA’s text messaging program, you agree to receive recurring automated marketing text messages from EVERVESTA at the mobile number you provide, including cart and checkout reminders, product recommendations, offers, and store updates. Consent is not a condition of purchase.

Message frequency varies. Message and data rates may apply. Reply STOP to any message to unsubscribe; you may receive one message confirming your opt-out. Reply HELP for help, or contact us at support@evervesta.store or 1-833-250-6640.

Carriers are not liable for delayed or undelivered messages. You are responsible for telling us if you change or deactivate your mobile number. Information collected through our text messaging program is handled under our Privacy Policy, and we do not share your mobile number or text message consent with third parties for their own marketing purposes.

Section 25 — Changes to Terms of Service

We reserve the right to update, change, or replace any part of these Terms at any time by posting updates to our website. It is your responsibility to check this page periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following any changes constitutes acceptance of those changes.

Section 26 — Contact Information

Questions about these Terms of Service should be sent to: hello@evervesta.store

EVERVESTA
hello@evervesta.store
6421 N. Florida Ave
Suite D-1840
Tampa, FL 33604
United States
1-833-250-6640