Terms of service

Overview

Welcome to Avery Home! The terms “we,” “us,” and “our” refer to Avery Home. We operate this website and online store, including all related content, features, tools, products, and services (collectively, the “Services”) to provide you with a curated shopping experience. Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read them carefully. They include important information about warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access the Services.

1. Access and Account

By using the Services, you represent that you are at least the age of majority in your state, province, or country of residence. If you allow a minor to use the Services on a device you own or manage, you are responsible for their activity.

To use certain features of the Services (including purchasing products), you may be asked to provide information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have the right to provide it.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

2. Our Products

We make every effort to display product information accurately. However, product colors and appearance may vary depending on your device, screen, and settings.

We do not guarantee that the appearance or quality of any product will meet your expectations or match exactly as displayed on your screen.

Product descriptions, availability, and pricing may change at any time without notice. We reserve the right to discontinue products and to limit quantities sold on a case-by-case basis.

3. Orders

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline any order for any reason at our discretion. An order is not accepted until we confirm acceptance and process payment.

Please review your order carefully before submitting. We may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the contact information provided at checkout.

Returns and exchanges are handled solely in accordance with our Refund Policy.

You represent and warrant that purchases are for personal or household use and not for commercial resale or export.

4. Prices and Billing

Prices, discounts, and promotions may change without notice. The price charged will be the price in effect at the time your order is placed, as shown in your order confirmation.

Unless stated otherwise, posted prices do not include taxes, shipping, handling, customs, or import charges. Prices on our website may differ from those offered by third parties.

You agree to provide accurate, current, and complete purchase and account information, and to promptly update it as needed. By submitting payment information, you represent that you are authorized to use the payment method and that your payment will be honored.

5. Shipping and Delivery

Delivery dates are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control.

Once we transfer the products to the carrier, title and risk of loss pass to you, to the fullest extent permitted by law.

6. Intellectual Property

All content and materials on the Services—including trademarks, logos, text, images, graphics, videos, audio, and the design and arrangement of the Services—are owned by Avery Home, its affiliates, or licensors and are protected by intellectual property laws.

You may use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent, except as expressly permitted by law.

Avery Home’s name, logo, product names, and slogans are trademarks of Avery Home or its licensors. Shopify’s name and logo are trademarks of Shopify. All other trademarks are the property of their respective owners.

7. Optional Tools

We may provide access to third-party tools that we do not control. These tools are provided “as is” and “as available,” without warranties, representations, or conditions of any kind. Your use of any optional third-party tools is entirely at your own risk.

We may introduce new features or tools from time to time. Any new features will be considered part of the Services and subject to these Terms.

8. Third-Party Links

The Services may contain links to third-party websites or platforms. We are not responsible for the content, accuracy, or practices of third parties. If you access third-party sites, you do so at your own risk. Complaints and questions regarding third-party products or services should be directed to the third party.

9. Relationship with Shopify

Avery Home is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Avery Home. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Avery Home, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Avery Home.

10. Privacy

Our collection and use of personal information is described in our Privacy Policy. Certain personal information may also be subject to Shopify’s privacy practices. By using the Services, you acknowledge that you have read and understand these policies.

11. Feedback and Reviews

If you submit ideas, suggestions, feedback, reviews, or other content (“Feedback”), you grant Avery Home a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.

You represent that you own or have the necessary rights to your Feedback and that it does not violate any law or third-party rights. We may remove Feedback at our discretion.

12. Errors and Inaccuracies

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct errors and to change or update information or cancel orders if information is inaccurate, at any time without prior notice.

13. Prohibited Uses

You agree not to use the Services for unlawful purposes or in a way that violates these Terms. Prohibited conduct includes, without limitation: violating laws, infringing intellectual property rights, harassing or harming others, transmitting malicious code, scraping, spamming, phishing, interfering with security features, or otherwise disrupting the Services.

We may suspend or terminate access to the Services at any time, without notice, if we believe you have violated these Terms.

14. Termination

We may terminate or suspend your access to the Services (or any part of them) at any time in our sole discretion. You remain responsible for any amounts due up to and including the date of termination.

Sections that by their nature should survive will survive, including Intellectual Property, Feedback, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

15. Disclaimer of Warranties

The Services and all products offered through the Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement, to the fullest extent permitted by law.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.

16. Limitation of Liability

To the fullest extent permitted by law, Avery Home (and its partners, officers, directors, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates) will not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from or related to your use of the Services or any products purchased through the Services, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, even if advised of the possibility of such damages.

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

17. Indemnification

You agree to indemnify, defend, and hold harmless Avery Home, Shopify, and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (1) your breach of these Terms, (2) your violation of any law or third-party rights, or (3) your access to or use of the Services.

18. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect.

19. Waiver and Entire Agreement

Our failure to enforce any right or provision will not constitute a waiver. These Terms and the policies referenced herein constitute the entire agreement between you and Avery Home regarding the Services and supersede prior agreements or communications.

20. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms at any time without notice.

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 laws of the State of South Carolina, without regard to its conflict of law principles. You and Avery Home agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in South Carolina for the resolution of any disputes arising out of or relating to these Terms or the Services.

22. Headings

Headings are for convenience only and do not affect interpretation.

23. Changes to These Terms

We may update these Terms from time to time by posting an updated version on this page. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms, to the extent permitted by law.

24. Contact

Questions about these Terms should be sent to: contact@shopaveryhome.com

Avery Home
Email: contact@shopaveryhome.com