Terms of service
TERMS OF SERVICE
OVERVIEW Welcome to OURCHIVED. Throughout the site, the terms “we”, “us” and “our” refer to OURCHIVED. OURCHIVED 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”). OURCHIVED is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully. By visiting, interacting with, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms of Service or our Privacy Policy, you should 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 province of residence. To use the Services or purchase products, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete. You are solely responsible for maintaining the security of your account credentials and for all account activity.
SECTION 2 - OUR PRODUCTS We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ based on your device settings. We do not warrant that the quality of any products purchased by you will meet your expectations. All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. OURCHIVED reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance and process your payment. Please review your order carefully before submitting; we may be unable to accommodate cancellation requests after an order is accepted. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent that your purchases are for personal use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING Prices, discounts, and promotions are subject to change without notice. Posted prices do not include taxes, shipping, handling, or customs charges unless expressly stated. You agree to provide current, complete, and accurate purchase and account information. You represent and warrant that (i) the credit card information you provide is true, (ii) you are authorized to use such card, and (iii) you will pay all charges incurred at the posted prices, including shipping and 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. Once we transfer products to the carrier, title and risk of loss passes to you. Our shipping practices are governed by our Shipping Policy.
SECTION 6 - INTELLECTUAL PROPERTY Our Services, including all trademarks, brands, text, images, and graphics, are owned by OURCHIVED, its affiliates, or licensors and are protected by copyright and intellectual property laws. You must not reproduce, distribute, modify, or create derivative works of any material on the Services without our prior written consent. OURCHIVED’s names, logos, and designs are trademarks of OURCHIVED.
SECTION 7 - OPTIONAL TOOLS We may provide you with access to third-party tools which we neither monitor nor have control over. You acknowledge that we provide access to such tools ”as is” without any warranties or endorsement. We shall have no liability arising from your use of optional third-party tools.
SECTION 8 - THIRD-PARTY LINKS The Services may contain hyperlinks to websites operated by third parties. We are not responsible for evaluating the content or accuracy of any third-party materials. We are not liable for any harm or damages related to your purchase or use of products or services on third-party websites.
SECTION 9 - RELATIONSHIP WITH SHOPIFY OURCHIVED is powered by Shopify. However, any sales and purchases you make are made directly with OURCHIVED. You acknowledge and agree that Shopify is not responsible for any aspect of sales between you and OURCHIVED, including any injury, damage, or loss resulting from purchased products.
SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also processes personal information in order to provide the Services. By using the Services, you acknowledge that you have read our Privacy Policy.
SECTION 11 - FEEDBACK If you submit feedback, reviews, or suggestions, you grant us a perpetual, royalty-free license to use and distribute such feedback for any purpose. We are under no obligation to maintain feedback in confidence or pay compensation for it. Your feedback must not violate the rights of any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally, there may be information in the Services containing typographical errors or omissions relating to pricing, promotions, 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 use the Services for lawful purposes only. You are prohibited from using the site to (a) violate any laws, (b) infringe on intellectual property, (c) harass or defame others, (d) upload viruses or malicious code, or (e) collect the personal information of others. We reserve the right to terminate your use of the Services for violating any prohibited uses.
SECTION 14 - TERMINATION We may terminate this agreement or your access to the Services at our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
SECTION 15 - DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY STATED BY OURCHIVED, THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
SECTION 16 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL OURCHIVED, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INJURY, LOSS, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES.
SECTION 17 - INDEMNIFICATION You agree to indemnify and hold harmless OURCHIVED, Shopify, and our affiliates from any claims or demands, including attorneys’ fees, made by any third party due to your breach of these Terms of Service or your violation of any law.
SECTION 18 - SEVERABILITY In the event that any provision of these Terms is determined to be unlawful or void, such provision shall be deemed severed from these Terms and shall not affect the validity of any other remaining provisions.
SECTION 19 - ENTIRE AGREEMENT These Terms of Service and any policies posted by us on this site constitute the entire agreement between you and us, superseding any prior agreements.
SECTION 20 - GOVERNING LAW These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of South Dakota, United States.
SECTION 21 - CHANGES TO TERMS OF SERVICE We reserve the right to update or change any part of these Terms by posting updates to our website. Your continued use of the Services following any changes constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at hello@ourchived.com.
Trade Name: OURCHIVED
Phone Number: +1 (605) 336-6699
Email: hello@ourchived.com
Address: 5013 South Louise Avenue, Suite 1206, Sioux Falls, SD 57108, United States