TERMS OF SERVICE

OVERVIEW

Welcome to H&H! The terms “we,” “us,” and “our” refer to H&H. H&H operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience collectively referred to as the “Services.” H&H is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein, collectively referred to as these “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 matters 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 [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the 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, province, or territory of residence. You also represent that you have given us permission to allow any of your minor dependants to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email, billing, payment, and shipping information.

You represent and warrant that all information you provide through our store is correct, current, and complete and that you have all rights necessary to provide this information.

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

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to provide accurate representations of our products and services through our online store. However, colours, dimensions, textures, finishes, and product appearance may differ from how they appear on your screen due to your device type, display settings, lighting, and configuration.

We do not warrant that the appearance, colour, dimensions, or quality of any product or service purchased by you will exactly match its online depiction or meet your personal expectations.

All product descriptions, pricing, availability, and other product information 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 may limit the quantities of products offered to any person, household, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS, RETURNS, AND EXCHANGES

When you place an order, you are making an offer to purchase products from H&H. We reserve the right to accept, decline, limit, or cancel your order for any lawful reason and at our discretion.

Your order is not accepted until H&H confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Once an order has been accepted or entered into processing, we may be unable to accommodate cancellation or modification requests.

If we decline, modify, or cancel an order, we will attempt to notify you using the email provided when the order was placed.

Final Sale Policy

All sales are final. We do not accept returns or exchanges unless an item arrives damaged, defective, or incorrect, or unless otherwise required by applicable law.

We do not accept returns or exchanges because of:

• A change of mind;

• Incorrectly selected colours, sizes, quantities, or designs;

• Personal preference;

• Minor variations in colour, texture, finish, dimensions, or appearance;

• Failure to review the product description before purchasing;

• Delays caused by shipping carriers, customs, weather, or circumstances outside our control.

Please inspect your order immediately after delivery.

If your item arrives damaged or defective, or you receive an incorrect item, contact us as soon as possible at thehomieandhome@gmail.com.

Your email must include:

• Your order number;

• A description of the issue;

• Clear photographs or videos showing the item, damage, defect, or incorrect product; and

• Photographs of the original packaging where applicable.

We will review the information provided and determine the appropriate resolution. Depending on the circumstances, the resolution may include a replacement, store credit, refund, or another remedy required under applicable law.

Approval is required before any product may be returned. Products sent back without prior written authorization will not be accepted or refunded.

Shipping costs, duties, taxes, and other charges are non-refundable unless the item was damaged, defective, incorrect, or a refund is otherwise required by applicable law.

Your purchases are also subject to our Refund Policy [LINK].

You represent and warrant that your purchases are intended for your own personal or household use and are not being purchased for unauthorized 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 when the order is placed and will be shown in your order confirmation email.

Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping, handling, customs duties, import charges, or other fees.

Prices displayed through our online store may differ from prices offered through physical stores, marketplaces, third-party websites, or other stores operated by third parties.

We may offer promotions that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion-specific terms will govern in relation to that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You agree to promptly update your account information, including your email and payment information, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

1. The payment information you provide is true, accurate, current, and complete;

2. You are authorized to use the payment method provided;

3. Charges incurred by you will be honoured by your payment provider; and

4. You will pay all charges incurred at the posted prices, including applicable taxes, shipping, handling, customs, and other fees.

SECTION 5 – SHIPPING AND DELIVERY

All processing and delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, weather, labour disruptions, supply-chain interruptions, inaccurate customer information, or other circumstances outside our reasonable control.

You are responsible for reviewing your shipping information before submitting your order. H&H is not responsible for delivery problems resulting from incomplete or incorrect shipping information supplied by the customer.

Once an order has been transferred to the shipping carrier, risk of loss may pass to you to the extent permitted by applicable law.

If tracking information shows that an order was delivered but you cannot locate it, you must contact the shipping carrier and email us at thehomieandhome@gmail.com.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by H&H, its affiliates, or its licensors and are protected by applicable intellectual-property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

Without our prior written permission, you must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, sell, or otherwise exploit any material available through the Services.

Except as expressly stated in these Terms, nothing in these Terms grants or shall be interpreted as granting you a licence or other right under any patent, trademark, copyright, or other intellectual property belonging to H&H, Shopify, or any third party.

Unauthorized use of the Services may violate intellectual-property and other applicable laws. All rights not expressly granted are reserved by H&H.

H&H’s names, logos, product names, service names, designs, and slogans are trademarks of H&H or its affiliates or licensors. You must not use these trademarks without prior written permission.

Shopify’s names, logos, product names, service names, designs, and slogans are trademarks of Shopify. All other trademarks appearing through the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services. We do not monitor and have no control or input over these tools.

You acknowledge and agree that access to these tools is provided on an “as is” and “as available” basis without warranties, representations, conditions, or endorsements of any kind.

To the fullest extent permitted by applicable law, we shall have no liability arising from or relating to your use of optional third-party tools.

Your use of optional tools is entirely at your own risk and discretion. You are responsible for reviewing and accepting the terms under which the relevant third-party provider makes those tools available.

We may offer new features, tools, and resources through the Services in the future. These features will be considered part of the Services and will be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials, embedded functionality, and links to websites provided or operated by third parties.

We are not responsible for examining, evaluating, verifying, or guaranteeing the accuracy, content, security, or practices of third-party materials or websites.

If you leave the Services to access third-party materials or websites, you do so at your own risk.

To the fullest extent permitted by applicable law, we are not liable for harm, losses, or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content available through third parties.

Please carefully review the policies and practices of third parties before engaging in a transaction with them.

Complaints, claims, concerns, and questions regarding third-party products or services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

H&H is powered by Shopify, which enables us to provide the Services to you.

However, all sales and purchases made through our store are made directly between you and H&H.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and H&H, including any injury, damage, or loss resulting from products or services purchased through our store.

To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, losses, and liabilities arising from or related to your purchases and transactions with H&H.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy, which can be viewed here: [LINK].

Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here: [LINK].

By using the Services, you acknowledge that you have reviewed these privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services to provide and improve the Services.

Information submitted through the Services may be transmitted to and shared with Shopify and other service providers, including service providers located outside the country, province, state, or territory where you reside.

Please review our Privacy Policy [LINK] for more information about how we, Shopify, and our service providers collect, use, disclose, retain, and protect personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, photographs, videos, or other content, collectively referred to as “Feedback,” you grant us a perpetual, worldwide, transferable, sublicensable, royalty-free licence to use, reproduce, modify, adapt, publish, distribute, and display that Feedback in any medium for any lawful purpose, including commercial and promotional purposes.

You represent and warrant that:

1. You own or have all rights necessary to submit the Feedback;

2. You have disclosed any compensation or incentives received in connection with the Feedback; and

3. Your Feedback complies with these Terms and applicable law.

We are under no obligation to:

1. Maintain Feedback in confidence;

2. Pay compensation for Feedback; or

3. Respond to Feedback.

We may, but are not obligated to, monitor, edit, decline to publish, or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene, misleading, infringing, objectionable, or otherwise in violation of these Terms.

You agree that your Feedback will not violate the intellectual-property, privacy, publicity, personality, contractual, or other rights of any third party.

You further agree that your Feedback will not contain unlawful, abusive, obscene, misleading, defamatory, or malicious content, computer viruses, malware, or other harmful code.

You may not use a false email address, impersonate another person, or mislead us or third parties regarding the origin of Feedback.

You are solely responsible for the Feedback you submit and its accuracy. We assume no responsibility and accept no liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, availability, or other information.

We reserve the right to correct errors, inaccuracies, and omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted.

Nothing in this section limits any rights or remedies available to you under applicable law.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

1. For an unlawful, fraudulent, harmful, or malicious purpose;

2. To violate any international, federal, provincial, territorial, state, or local law, regulation, rule, or ordinance;

3. To infringe or violate our intellectual-property rights or the rights of another person;

4. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, discriminate against, or threaten another person;

5. To submit or transmit false, misleading, or fraudulent information;

6. To send, upload, download, use, or reuse material that does not comply with these Terms;

7. To transmit advertising or promotional material without authorization, including junk mail, chain letters, spam, or similar solicitations;

8. To impersonate or attempt to impersonate another person or entity; or

9. To engage in conduct that restricts or prevents another person’s use or enjoyment of the Services or that may harm H&H, Shopify, our customers, or other users.

You also agree not to:

1. Upload or transmit viruses, malware, or harmful code;

2. Reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services without authorization;

3. Collect or track another person’s personal information without authorization;

4. Spam, phish, pharm, scrape, crawl, or pretext the Services;

5. Use automated tools, robots, spiders, data-extraction tools, artificial-intelligence agents, or manual processes to access, scrape, copy, or interfere with the Services without authorization; or

6. Interfere with, bypass, defeat, or circumvent security, access-control, authorization, or robot-exclusion measures.

We reserve the right to suspend, disable, or terminate your access to the Services if we determine that you have violated these Terms.

SECTION 14 – AGENTS

14.1

This section, referred to as the “Agent Terms,” applies if you use, allow, enable, or cause an Agent to access, use, or interact with the Services.

“Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can operate without direct supervision.

14.2

No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with Section 14.4.

An Agent must not access, use, or interact with the Services after we have requested that the Agent stop doing so.

14.3

We may use technical or other measures to limit whether and how an Agent accesses, uses, or interacts with the Services.

14.4

Agents must:

1. Identify themselves in HTTP or HTTPS requests by including “Agent/[agent name]” in the user-agent string;

2. Not conceal or misrepresent that access or interaction is being performed by an Agent;

3. Not mimic human behaviour for the purpose of evading restrictions;

4. Not complete or circumvent CAPTCHAs or other measures intended to distinguish humans from computers;

5. Respond truthfully to requests seeking to determine whether an interaction is coming from a human or computer; and

6. Not circumvent measures intended to block, limit, modify, or control Agent access to the Services.

SECTION 15 – TERMINATION

We may terminate these Terms or suspend or terminate your access to the Services, or any portion of the Services, at our discretion and to the extent permitted by applicable law.

You will remain responsible for amounts properly 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 and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information provided through the Services is made available for general informational purposes.

We do not warrant the accuracy, completeness, availability, or usefulness of this information. Any reliance you place on such information is at your own risk.

To the fullest extent permitted by applicable law, we disclaim responsibility arising from reliance placed on materials available through the Services by you, another visitor, or any person informed of their contents.

EXCEPT AS EXPRESSLY STATED BY H&H OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

THIS INCLUDES IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, 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 PERMIT CERTAIN WARRANTY EXCLUSIONS. WHERE THOSE LAWS APPLY, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, H&H AND OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

THIS INCLUDES LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES ARISING FROM:

1. YOUR USE OF OR INABILITY TO USE THE SERVICES;

2. PRODUCTS PURCHASED THROUGH THE SERVICES;

3. ERRORS OR OMISSIONS IN CONTENT;

4. CONTENT OR PRODUCTS MADE AVAILABLE THROUGH THE SERVICES; OR

5. OTHER CLAIMS CONNECTED TO YOUR USE OF THE SERVICES.

THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR ANOTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless H&H, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal fees arising from:

1. Your breach of these Terms or documents incorporated by reference;

2. Your violation of applicable law or the rights of a third party; or

3. Your misuse of the Services.

We will notify you of an indemnifiable claim. A delay in providing notice will not relieve you of your obligations unless the delay materially prejudices you.

We may control the defence and settlement of an indemnified claim at your expense, including the choice of legal counsel. We will not agree to a settlement requiring you to perform non-monetary obligations without your consent, which shall not be unreasonably withheld.

You agree to reasonably cooperate in the defence of indemnified claims, including by providing relevant information and documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will remain enforceable to the fullest extent permitted by applicable law.

Any unenforceable portion will be considered severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted through the Services constitute the entire agreement between you and H&H regarding your use of the Services.

They supersede prior or contemporaneous agreements, communications, representations, and proposals, whether oral or written, relating to the Services.

Any ambiguity in the interpretation of these Terms will not automatically be interpreted against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent.

Any attempted assignment made without our consent will be void.

We may transfer, assign, or delegate these Terms and our rights and obligations to the extent permitted by applicable law.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed by and interpreted in accordance with the applicable laws of the jurisdiction in which H&H operates, without regard to conflict-of-law principles.

Any dispute shall be brought before a court with lawful jurisdiction over the matter, subject to any mandatory consumer-protection rights or dispute-resolution procedures available under applicable law.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 24 – CHANGES TO THESE TERMS OF SERVICE

You may review the most current version of these Terms of Service on this page at any time.

We reserve the right to update, change, or replace any part of these Terms by posting updates through our website.

You are responsible for periodically reviewing the website for changes.

Where required by applicable law, we will notify you of material changes. Changes will become effective on the date specified in the applicable notice or when posted.

Your continued use of or access to the Services after changes become effective constitutes your acceptance of the revised Terms.

SECTION 25 – CONTACT INFORMATION

Questions regarding these Terms of Service, orders, damaged or defective products, or other customer-service matters should be sent by email to:

thehomieandhome@gmail.com