Terms Of Service
OVERVIEW
Welcome to Sarvelune. Throughout these Terms, the terms “we,” “us,” and “our” mean Sarvelune. Sarvelune operates this website and online store and provides the information, content, functionality, tools, curated products, and related services available through the site (collectively, the “Services”) with the aim of offering customers a convenient and carefully curated shopping experience. The Services are supported by Shopify Inc. These Terms of Service (“Terms”), together with all policies referenced or incorporated herein, establish the conditions governing your access to and use of the Services. Please review them carefully because they contain important information regarding your legal rights, disclaimers of warranties, and limitations of liability. By visiting, accessing, or using any portion of the Services, you acknowledge and agree to these Terms and our Privacy Policy. If you do not accept these Terms, you must stop using the Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you confirm that you are at least the age of majority in the state or province in which you live and that you authorize any minor dependents under your care to access the Services through devices that you own, purchase, or control. When using the Services, including browsing our store or purchasing available products or services, you may be asked to provide information such as your email address, billing details, payment information, and shipping information. You agree that all information supplied to our store will be accurate, complete, up to date, truthful, and lawfully provided. You are responsible for maintaining the confidentiality and security of your account credentials and for all activities carried out through your account. You may not sell, transfer, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
We take reasonable steps to describe and display the products and services available through our online store as accurately as possible. However, colors, appearance, and other visual details may vary depending on your device, screen configuration, display settings, or image quality. For this reason, we cannot guarantee that the appearance of any product or service on your screen will exactly match the physical item or fully meet your individual expectations. We reserve the right to revise product descriptions at any time without prior notice. We may also remove or discontinue products at any time and may restrict product quantities or availability for particular customers, geographic locations, regions, or jurisdictions on an individual basis.
SECTION 3 – ORDERS
When you place an order through our store, you are submitting an offer to purchase the selected products. Sarvelune may accept or reject any order at its discretion. No order becomes final until Sarvelune has confirmed acceptance. Payment authorization and processing must be completed successfully before an order can be accepted. You should carefully review your order before completing checkout because Sarvelune may not be able to honor cancellation requests after an order has been accepted. If we reject, modify, or cancel an order, we will make reasonable attempts to contact you using the email address, billing address, and/or telephone number submitted with the order. All returns and exchanges are governed solely by our Refund Policy. By purchasing from our store, you confirm that the products are intended for personal or household use and are not being purchased for resale, commercial distribution, or export.
SECTION 4 – PRICES AND BILLING
Product prices, discounts, promotions, and special offers may be revised or withdrawn at any time without advance notice. The price charged for your purchase will be the price applicable when your order is submitted, as shown in your order confirmation email. Unless specifically stated otherwise, displayed prices exclude applicable taxes, shipping fees, handling charges, customs duties, and import-related costs. Prices offered through our online store may differ from those available through physical retailers or third-party sellers. From time to time, we may offer promotions that are subject to additional terms and conditions. If specific promotional terms conflict with these Terms, the terms of the applicable promotion will control. You agree to provide and maintain accurate, current, and complete account, payment, and purchase information for all transactions made through our store. You are responsible for promptly updating relevant information, including your email address, payment card details, and card expiration dates, so that transactions can be completed and we can contact you when necessary. You represent and warrant that (i) all payment card information you submit is complete, current, and accurate, (ii) you have lawful authorization to use the payment card for the transaction, (iii) the applicable card issuer will honor charges submitted by us, and (iv) you will pay all amounts owed in connection with your purchase, including applicable taxes, shipping fees, and handling charges.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for delays that occur while an order is in transit or during delivery. Any delivery timeframe or estimated arrival date that we provide is intended only as an estimate and is not a guaranteed delivery date. We are not liable for delays caused by shipping carriers, customs procedures, or circumstances beyond our reasonable control. Once the products have been handed over to the applicable shipping carrier, ownership of the products and the risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
The Services, including our trademarks, brand elements, written content, website layouts, photographs, graphics, customer reviews, videos, audio materials, and the overall arrangement, presentation, and design of such content, are owned by Sarvelune, its affiliates, or its licensors and are protected by intellectual property laws in the United States and other applicable jurisdictions. These Terms grant you permission to access and use the Services solely for personal and non-commercial purposes. Unless we have given you prior written permission, you may not reproduce, copy, distribute, alter, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material contained within the Services. Except where expressly stated in these Terms, nothing within the Services grants you any license or other right to patents, trademarks, copyrights, or other intellectual property belonging to Sarvelune, Shopify, or any third party. Unauthorized or improper use of the Services may violate applicable federal or state intellectual property laws. Sarvelune retains all rights not expressly granted under these Terms. The Sarvelune name, logos, product names, service names, designs, and slogans are trademarks belonging to Sarvelune or its affiliates or licensors and may not be used without prior written authorization. Shopify’s names, logos, product names, service names, designs, and slogans remain trademarks of Shopify. All other trademarks, names, logos, product or service names, designs, and slogans appearing through the Services remain the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
The Services may allow you to access tools supplied by third-party providers that we do not supervise, operate, manage, or control. You acknowledge and agree that these third-party tools are provided on an “as is” and “as available” basis, without warranties, representations, conditions, or endorsements of any kind. We accept no responsibility or liability arising from or connected with your use of optional third-party tools. Your use of such tools is entirely voluntary and at your own discretion and risk, and you should review and accept the relevant third-party provider’s terms before using them. In the future, we may introduce additional resources, functionality, services, features, or tools through the Services. Any new additions will form part of the Services and will also be governed by these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may include links, functionality, features, or content supplied or managed by third parties. We are not obligated to review, verify, monitor, or assess the accuracy, reliability, or content of third-party websites or materials that you choose to access. When you leave the Services to visit an external website or third-party resource, you do so voluntarily and at your own risk. We are not responsible for any damage, loss, or other harm resulting from your access to third-party websites or from the purchase, use, or reliance upon products, services, resources, or content offered through third parties. Before completing a transaction with a third-party provider, you should carefully review its applicable practices, policies, and terms. Questions, complaints, disputes, claims, or concerns regarding third-party products or services should be addressed directly to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.] Sarvelune is powered by Shopify, which provides the technology and infrastructure that allow us to make the Services available to you. However, every purchase and sale completed through our Store is a transaction directly between you and Sarvelune. By accessing or using the Services, you understand and agree that Shopify is not responsible for transactions conducted between you and Sarvelune, including any injury, damage, loss, or other issue arising from products or services purchased from us. You expressly release Shopify and its affiliated entities from any claims, liabilities, obligations, or damages arising out of or relating to purchases or transactions made with Sarvelune.
SECTION 10 – PRIVACY POLICY
Personal information obtained through the Services is handled in accordance with our Privacy Policy, which is available through our Privacy Policy page. Certain information may also be governed by Shopify’s Privacy Policy, available at https://www.shopify.com/legal/privacy/app-users. By accessing or using the Services, you acknowledge that you have reviewed the applicable privacy policies. Because Shopify hosts and supports the Services, Shopify may collect and process certain personal information associated with your access to and use of the Services for the purpose of providing, maintaining, and improving those Services. Information submitted through the Services may be transmitted to or shared with Shopify and other third parties, including parties located outside the country in which you reside, where such processing or sharing is necessary to provide services to you. Please review our Privacy Policy for further information regarding how we, Shopify, and our partners collect, process, and use personal information.
SECTION 11 – FEEDBACK
If you send, upload, post, email, or otherwise provide us with reviews, comments, proposals, recommendations, plans, suggestions, ideas, or other materials (collectively, “Feedback”), you grant us a continuing, worldwide, sublicensable, royalty-free right to reproduce, use, revise, edit, publish, distribute, and display that Feedback in any medium and for any purpose, including commercial purposes. These rights may be exercised, for example, in connection with operating, providing, assessing, developing, improving, and promoting the Services, or in carrying out our obligations and exercising our rights under these Terms of Service. You also represent and warrant that: (i) you own or otherwise possess all rights required to submit the Feedback; (ii) you have disclosed any payment, incentive, reward, compensation, or other benefit connected with the Feedback; and (iii) your Feedback complies with these Terms. We are not required (1) to keep Feedback confidential; (2) to provide compensation for Feedback; or (3) to respond to Feedback. We may, but are not obligated to, review, edit, monitor, or remove Feedback that we determine, in our sole discretion, to be unlawful, threatening, abusive, defamatory, libelous, obscene, pornographic, offensive, otherwise objectionable, or in violation of intellectual property rights or these Terms of Service. You agree that your Feedback will not infringe the rights of any third party, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You also agree that you will not submit unlawful, abusive, defamatory, obscene, harmful, or malicious content, or any virus, malware, or other code capable of interfering with the Services or any related website. You may not use a false or misleading email address, impersonate another individual, or misrepresent the origin of any Feedback. You remain solely responsible for the Feedback you provide and for its accuracy. We accept no responsibility or liability for Feedback submitted by you or by any third party.
SECTION 12 – ERRORS AND OMISSIONS
From time to time, the Services may contain typographical mistakes, inaccurate statements, incorrect information, or omissions involving product descriptions, pricing, promotions, shipping charges, estimated delivery periods, product availability, or other matters. We reserve the right to correct any error, omission, or inaccuracy and to change, update, revise, or cancel orders when information is found to be incorrect, including after an order has already been submitted, without providing prior notice.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not directly or indirectly access or use the Services: (a) to participate in unlawful, illegal, fraudulent, or malicious conduct; (b) in violation of any international, federal, provincial, state, or local law, regulation, ordinance, or rule; (c) in any manner that infringes our intellectual property rights or the rights of another person or entity; (d) to threaten, harass, intimidate, abuse, insult, harm, defame, slander, disparage, or otherwise mistreat an employee or any other person; (e) to communicate information that is false, deceptive, or misleading; (f) to upload, download, transmit, receive, reuse, or otherwise use material that fails to comply with these Terms; (g) to send or facilitate promotional or advertising communications such as “spam,” “junk mail,” “chain letters,” or comparable solicitations; (h) to impersonate or attempt to impersonate another person or organization; or (i) to engage in conduct that limits, interferes with, or prevents another person from accessing or enjoying the Services, or that, in our judgment, may harm Sarvelune, Shopify, or users of the Services or expose them to liability. You further agree that you will not: (a) introduce, upload, or transmit viruses, malware, or other harmful or destructive code that could affect the operation or functionality of the Services; (b) reproduce, duplicate, copy, sell, resell, or commercially exploit any portion of the Services; (c) gather, collect, track, or monitor personal information belonging to another person; (d) engage in spam, phishing, pharming, pretexting, scraping, crawling, or spidering; or (e) bypass, interfere with, disable, evade, or circumvent security features protecting the Services, related websites, other websites, or the Internet. If we determine that you have breached any part of these Terms, we may suspend, restrict, disable, or terminate your account without advance notice.
SECTION 14 – TERMINATION
We may terminate this agreement or suspend or discontinue your access to some or all portions of the Services at any time, at our sole discretion and without advance notice. You remain responsible for any amounts due up to and including the effective date of termination. The following provisions and obligations will continue after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, as well as any other provisions that by their nature are intended to remain in effect after termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
Information and materials made available through the Services are provided for general informational purposes only. We do not represent or warrant that such information will always be accurate, complete, reliable, or appropriate for your particular needs. Any reliance you place on information provided through the Services is entirely at your own risk. We disclaim responsibility for any loss resulting from reliance upon such information by you, another visitor, or any person who receives information relating to its contents. EXCEPT WHERE SARVELUNE EXPRESSLY STATES OTHERWISE, THE SERVICES AND ALL PRODUCTS MADE AVAILABLE THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, SECURE, TIMELY, UNINTERRUPTED, OR FREE FROM ERRORS. CERTAIN JURISDICTIONS RESTRICT OR PROHIBIT THE EXCLUSION OF SOME IMPLIED OR OTHER WARRANTIES, AND WHERE SUCH RESTRICTIONS APPLY, SOME OF THE DISCLAIMERS ABOVE MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SARVELUNE, OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, TOGETHER WITH SHOPIFY, ITS AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES, WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT EXPENSES, OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICES, ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR ANY CLAIM CONNECTED IN ANY WAY WITH YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING CONTENT ERRORS OR OMISSIONS OR ANY LOSS OR DAMAGE RESULTING FROM CONTENT OR PRODUCTS PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN WHERE WE HAVE BEEN ADVISED THAT SUCH DAMAGES MAY OCCUR.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Sarvelune, Shopify, and each of our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers against losses, claims, liabilities, damages, and reasonable legal fees payable to third parties that arise from or relate to (1) your breach of these Terms of Service or any document incorporated by reference, (2) your violation of applicable law or infringement of another party’s rights, or (3) your access to or use of the Services. We will notify you of any claim that may qualify for indemnification, although a delay in providing notice will not relieve you of your obligations unless the delay materially harms your ability to respond. At your expense, we may assume control of the defense and settlement of an indemnified claim, including the selection of legal counsel, provided that we will not enter into a settlement that imposes non-monetary obligations on you without your consent, which may not be unreasonably withheld. You agree to cooperate with the defense of any matter subject to indemnification, including by supplying relevant documents and records.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, invalid, void, or unenforceable, that provision will still be enforced to the fullest extent permitted by applicable law. Any portion that cannot legally be enforced will be considered severed from these Terms of Service, and the removal of that portion will not affect the validity or enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision under these Terms of Service will not be considered a waiver of that right or provision. These Terms of Service, together with all operating rules and policies published by us on this website or relating to the Services, constitute the complete agreement and understanding between you and us regarding your use of the Services and replace all prior or contemporaneous agreements, proposals, arrangements, and communications, whether written or oral, including earlier versions of these Terms of Service. Any ambiguity or uncertainty regarding the interpretation of these Terms will not automatically be interpreted against the party responsible for drafting them.
SECTION 20 – ASSIGNMENT
You may not transfer, assign, or delegate this Agreement or any rights or obligations arising under these Terms unless you first receive our written consent. Any attempted transfer, assignment, or delegation made without our approval will be invalid and have no effect. We may transfer, assign, or delegate these Terms, together with any related rights or obligations, without obtaining your consent or providing advance notice.
SECTION 21 – GOVERNING LAW & DISPUTE RESOLUTION
These Terms of Service, together with any separate agreements under which we provide the Services, will be governed by and interpreted in accordance with the laws of the State of Colorado, United States. Any claim, dispute, controversy, or disagreement arising out of or connected with this agreement, including issues relating to its creation, existence, validity, interpretation, performance, breach, or termination, will be submitted to and finally resolved by arbitration administered by the American Arbitration Association (AAA). You agree that all dispute resolution proceedings will take place solely on an individual basis and not as part of a class, consolidated, or representative proceeding.
SECTION 22 – HEADINGS
The headings appearing in this agreement are included solely for convenience and will not restrict, change, broaden, or otherwise influence the meaning or interpretation of these Terms.
SECTION 23 – CHANGES TO TERMS
You may view the latest version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to revise, replace, modify, amend, or update any portion of these Terms by posting revised provisions on our website. It is your responsibility to review the website periodically for updates. When applicable law requires us to provide notice of material changes, we will provide the required notice, and the revised terms will take effect on the date identified in that notice. Your continued access to or use of the Services after updated Terms have been published will constitute your acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Email: support@sarvelune.com
Phone: (609) 798-7623
Address: Nikken Hong Kong Limited RMS 1318-20, HOLLYWOOD PLAZA, 610 NATHAN RD, MONG KOK, HONG KONG