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OVERVIEW
Welcome to the Harmia store! The terms “we”, “us” and “our” refer to the Harmia store. Harmia operates this store and website, including all related information, content, features, tools, products, and services, in order to provide customers with a personalized shopping experience (the “Services”). The Harmia store is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (collectively, the “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 address topics such as warranty disclaimers and limitations of liability.
By visiting, accessing, or using our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any minor dependents to use the Services on devices owned, purchased, or managed by you.
In order to use the Services, including accessing or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in 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 activities that occur under your account. You may not transfer, sell, license, or otherwise assign your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online stores. However, please note that colors or product appearance may differ from what appears on your screen depending on the type of device used to access the store and the 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 match the content illustrated or displayed in our online stores.
Product descriptions may change at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantity of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Harmia reserves the right to accept or reject any order at its sole discretion for any reason. Your order will not be deemed accepted until Harmia confirms acceptance. We must receive and process your payment before accepting your order. Please carefully review your order before submitting it, as Harmia may not be able to accommodate cancellation requests after the order has been accepted.
If we do not accept, modify, or cancel your order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of the order.
Purchased products may only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are intended for personal or family 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 or service will be the price in effect at the time the order is placed, as stated in the order confirmation email. Unless expressly stated otherwise, published prices do not include taxes or shipping, handling, customs clearance, or import fees.
Prices posted in our online stores may differ from those offered in physical stores or by third-party retailers online or elsewhere. From time to time we may offer promotions through the Services that may affect pricing and are subject to separate terms. In the event of a conflict between promotional terms and these Terms, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and billing information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address and credit card details and expiration date, so we can complete your transactions and contact you as needed.
You represent and warrant that:
(i) the credit card information you provide is true, accurate, and complete;
(ii) you are authorized to use the credit card for purchases;
(iii) charges incurred by you will be honored by your credit card company; and
(iv) you will pay the charges incurred at the posted prices, including shipping and handling fees and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. Shipping times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we deliver the products to the carrier, title and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product descriptions, videos, audio, and the design, selection, and arrangement thereof, are owned by Harmia, its affiliates, or its licensors and are protected by U.S. and international patent, copyright, and other intellectual property laws.
Under these Terms, you may use the Services only for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials on the Services without our prior written consent.
Nothing in these Terms grants you any license or right under any patent, trademark, copyright, or other intellectual property of Harmia, Shopify, or any third party unless expressly stated.
Unauthorized use of the Services may violate intellectual property laws. Harmia reserves all rights not expressly granted in these Terms.
The names, logos, product names, service names, designs, and slogans of Harmia are trademarks of Harmia or its affiliates or licensors. You must not use these trademarks without prior written permission from Harmia. The Shopify name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
As part of the Services, you may be given access to customer tools offered by third parties that we do not monitor, control, or influence.
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 will 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 website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the relevant third-party provider makes such tools available.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such 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 third-party embedded features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you access or visit. If you choose to leave the Services to access such materials or third-party websites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to, or the purchase or use of, any products, services, resources, or content on 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 and services should be directed to the 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.]
The Harmia store is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our Store are made directly with the Harmia store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Harmia, including any injuries, damages, or losses resulting from products or services purchased.
You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or relating to your purchases and transactions made in the Harmia store.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy, available here: [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are powered by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services for you. Information you submit through the Services is transmitted to Shopify and shared with Shopify and other third parties, which may be located in countries other than your country of residence, in order to provide Services to you. Please review our Privacy Policy [LINK] for additional information about how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, publish, 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 such Feedback for any purpose (including commercial purposes), including to reproduce, modify, publish, distribute, and display it.
We may use these rights, for example, to operate, provide, evaluate, develop, improve, and promote the Services, and to perform our obligations and exercise our rights under these Terms.
You further represent and warrant that: (i) you own or otherwise control all rights in the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms.
We are and will be under no obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.
You acknowledge that your Feedback must not violate any third party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further acknowledge that your Feedback must 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, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide 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 in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, 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 your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services:
(a) for any unlawful or malicious purpose;
(b) in violation of any international, federal, provincial, state, or local regulations, rules, laws, 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, slander, disparage, intimidate, or discriminate against any of our employees or any other person;
(e) to submit false or misleading information;
(f) to upload, transmit, receive, download, use, or re-use any material that does not comply with these Terms;
(g) to transmit, or procure the sending of, any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation;
(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 Harmia, Shopify, or users of the Services, or expose them to liability.
In addition, you agree that you will not:
(a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or any related website;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext, spider, crawl, or scrape; or
(e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) 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 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 that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES (continued)
We disclaim all liability and responsibility arising from any 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 PROVIDED BY HARMIA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, HARMIA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, AND 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.
THIS INCLUDES, 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, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES.
THIS ALSO INCLUDES ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Harmia store, 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 attorneys’ fees, payable to any third party due to or arising out of:
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your breach of these Terms of Service or the documents incorporated by reference;
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your violation of any law or the rights of a third party; or
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your access to or use of the Services.
We will notify you of any indemnification claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claims at your expense, including the selection of legal counsel, but we will not settle any claim imposing non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of any such claims.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including any previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – 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 null and void.
We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 – 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 of the jurisdiction where Harmia is headquartered.
You and Harmia agree to the venue and personal jurisdiction of those courts.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO 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, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes.
In accordance with applicable laws, we will notify you of any material changes to these Terms, 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 are posted constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
info@myharmia.com
Contact information: