Terms & Condition
OVERVIEW
Welcome to Ovelo! The terms "we" and "our/us" refer to Ovelo. Ovelo operates this store and website, including the information, content, features, tools, products, and services, in order to provide you, the customer, with an appropriate shopping experience (the "Services"). Ovelo is powered by Shopify, which enables us to provide you with the Services.
The following terms and conditions, together with any policies referenced herein ("Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are of legal age in the state or province in which you reside, and that you have given us your consent to allow any minors connected to you to use the Services on devices in your possession or that you have purchased or manage.
To use the Services, including accessing or browsing the online stores or purchasing products and services we offer, you may be required 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 hold all necessary rights to provide such information.
You are responsible for the activity on your account and for protecting your account credentials. You must not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate presentation of our products and services in our online stores. However, the display of colors and appearance of products may vary depending on the type of device you use to access the store and on that device’s settings and configuration.
We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or shown in our online stores.
All product descriptions are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue any product at any time and to limit from time to time the quantities of products offered to any person, geographic area, or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Ovelo reserves the right to accept or reject your order at its discretion for any reason. Your order is not confirmed until Ovelo has confirmed its acceptance. Before accepting an order, we must receive and process payment. Please carefully review your order before submitting it, as Ovelo may not be able to fulfill cancellation requests after an order has been accepted. In the event of refusal, change, or cancellation of an order, we will notify you by contacting you using the email address, billing address, and/or telephone number provided at the time the order was submitted.
Your purchases are eligible for return or exchange only in accordance with our Refund Policy [LINK].
You represent and warrant that you are making purchases for personal or household use and not for resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and offers 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 submitted and will be displayed in your order confirmation email. Unless otherwise specified, the prices published do not include taxes, customs duties, or shipping, handling, and import fees.
Prices published in our online stores may differ from prices offered in physical or online stores or in other stores operated by third parties. From time to time, we may offer promotions on the Services that affect pricing and that are subject to terms and conditions separate from these Terms. In the event of a conflict between the terms of an offer and these Terms, the terms of the offer shall prevail.
For all purchases made in our stores, you agree to provide accurate, current, and complete purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete, (ii) you are authorized to use such 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 by you at the posted prices, including shipping and handling fees and all applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays attributable to shipping carriers, customs procedures, or events beyond our control. Once the products have been handed over to the carrier, ownership and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection, and arrangement thereof, are owned by Ovelo, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and intellectual property laws.
These Terms allow you to use the Services solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material related to the Services without our written consent. Except as expressly stated, nothing in these Terms grants or may be construed as granting any license or other rights to you in respect of any patents, trademarks, copyrights, or other intellectual property of Ovelo, Shopify, or third parties. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Ovelo.
The names, logos, product and service names, designs, and slogans of Ovelo are trademarks of Ovelo or its affiliates or licensors. You must not use such trademarks without Ovelo’s written permission. The name, logo, product and service names, designs, and slogans of Shopify 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
You may have access to customer tools provided by third parties as part of the Services, which we do not monitor, control, or input.
You understand and agree that we provide access to such tools “as is” and “as available” without any 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.
Your use of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you understand and agree to the terms on which such tools are provided by the relevant third-party providers.
In the future, we may offer new features through the Services (including the release of new tools and resources). Such new features shall be deemed part of the Services and 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 features). 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 decide to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not responsible for any issues or damages related to your access to third-party websites, or to your purchase or use of products, services, resources, or content on third-party websites. Please carefully read and understand the policies and practices of such third parties before engaging in any transaction. Any complaints, concerns, or questions regarding third-party products and services should be directed to those third parties.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE FOR THE MERCHANT: This section describes in detail Shopify’s relationship with your store and must not be removed or modified.]
Ovelo is hosted by Shopify, which enables us to provide you with the Services. However, sales and purchases made by you in our Store take place directly between you and Ovelo. By using the Services, you understand and agree that Shopify is not responsible for any aspect of sales between you and Ovelo, including any injuries, damages, or losses arising from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or relating to purchases and transactions you make with Ovelo.
SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may be subject to Shopify’s Privacy Policy, available here. By using the Services, you confirm that you have read the aforementioned privacy policies.
Because it supports the Services, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services for you. To provide and improve the Services for you, data you submit to the Services will be transmitted and shared with Shopify and third parties who may reside in countries different from your own. Please refer to our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal data.
SECTION 11 – FEEDBACK
When 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, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback through any media for any purpose, including commercial purposes. For example, we may exercise our rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services, and to perform our obligations and exercise our rights as set out in these Terms of Service.
You further confirm and agree that: (i) you own the rights necessary for all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not, and will not be, obligated to (1) maintain the confidentiality of your Feedback; (2) compensate you for your Feedback; or (3) respond to your Feedback.
Although we are not obligated to do so, we may monitor, edit, or remove Feedback that, in our sole discretion, we deem illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms of Service.
You confirm that your Feedback will not violate any rights of any third party, including copyrights, trademarks, privacy, personality rights, or any other personal or proprietary rights. You further confirm that your Feedback will not include defamatory or otherwise unlawful, offensive, or obscene content, nor will it contain any computer viruses or other malware that could affect the operation of the Services or any related website. You must 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 submit and its accuracy. We assume no responsibility for any Feedback posted by you or by third parties.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information related to or contained in the Services may include typographical errors, inaccuracies, or omissions that may relate 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 an order has been submitted).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You must not access or use the Services, directly or indirectly, to: (a) engage in unlawful or malicious activities; (b) violate any local, provincial, state, federal, or international regulations, rules, laws, or ordinances; (c) infringe or violate our intellectual property rights or the rights of others; (d) harass, oppress, insult, harm, defame, slander, disparage, intimidate, or offend our employees or anyone else; (e) submit false or misleading information; (f) upload, download, use, or reuse any material that does not comply with these Terms; (g) transmit or procure the sending of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (h) impersonate or attempt to impersonate another person or entity; (i) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that we deem harmful to Ovelo, Shopify, or users of the Services, or that may expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (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 believe that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement at any time or discontinue your access to the Services (or any part thereof) at our discretion and without notice; you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Applicable Law, Privacy Policy, and any other provisions which, by their nature, should survive termination.
SECTION 15 – WARRANTY DISCLAIMER
The information presented in or through the Services is made available solely for general informational purposes. 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. We assume no responsibility for any reliance placed on such materials by you, any visitor to the Services, or anyone who may be informed of any of their contents.
EXCEPT AS EXPRESSLY STATED BY OVELO, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICE, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OVELO OR THE PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS, OR LICENSORS OF OVELO OR 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 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 THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES; OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY 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 PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Ovelo, Shopify, and our affiliates, partners, officers, directors, employees, agents, merchants, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference, (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 claims, 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 claim at your expense, including the selection of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (which may not be unreasonably withheld). You will cooperate in the defense of any non-indemnified claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and 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
The failure of Shopify 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 site 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, between you and us (including, but not limited to, any prior 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 must not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our written consent; any attempted assignment will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without notice to you or your consent.
SECTION 21 – APPLICABLE LAW
These Terms of Service and any separate agreements under which we provide you with the Services shall be governed by and construed in accordance with the laws and courts (federal, state, or territorial) in the jurisdiction where Ovelo is established. You and Ovelo agree to the venue and personal jurisdiction of such 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 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 on our website. It is your responsibility to check our website periodically for changes. We will notify you of changes to any material provisions of these Terms in accordance with applicable laws, and such changes will be effective as of the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to: ovelo.assistence@gmail.com.