Terms of service

OVERVIEW Welcome to Hernave! The terms "we," "us," and "our" refer to Hernave. Hernave operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, as a customer, with a curated shopping experience (the "Services"). Hernave is Powered by Shopify, which enables us to provide you with the Services. The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using 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 the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT By accepting these Terms of Service, you confirm that you have reached the age of majority in your state or region of residence and that you have given us your consent for any minor dependents to use the Services on devices you own, purchase, or manage. To use the Services — including accessing or browsing our online stores or purchasing any product or service 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 store is accurate, current, and complete, and that you hold all rights necessary to provide such information. You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any third party.

SECTION 2 – OUR PRODUCTS We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or the appearance of products may differ from how they appear on your screen due to the type of device used to access the store and its settings and configuration. We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or match what is represented or displayed in our online stores. All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product offered to any person, geographic area, or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS When you place an order, you are submitting an offer to purchase. Hernave reserves the right to accept or decline your order for any reason, at its sole discretion. An order is not accepted until Hernave confirms its acceptance. Payment must be received and processed before an order is accepted. Please review your order carefully before submitting it, as Hernave may not be able to accommodate cancellation requests once an order has been accepted. If an order is not accepted, is modified, or is cancelled, we will attempt to notify you at the email address, billing address, and/or phone number provided at the time of the order. Purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK]. You represent and warrant that purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 – PRICING 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 at the time the order is submitted and will be stated in the order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs duties, or import costs. Prices listed in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect prices and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information — including your email address, 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, correct, and complete; (ii) you are duly authorized to use that credit card for the purchase; (iii) charges incurred will be honored by the credit card issuer; and (iv) amounts charged will be paid at published prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY We are not responsible for delays in shipping or delivery. All delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures, or events beyond our control. Once products are transferred to the carrier, ownership and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY Our Services — including, without limitation, all trademarks, branding, text, display content, images, graphics, product reviews, video, and audio, as well as their design, selection, and arrangement — are owned by Hernave, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws. These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided in these Terms, nothing herein grants or should be construed as granting any license or other rights in relation to any patent, trademark, copyright, or other intellectual property right of Hernave, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Hernave. Hernave's names, logos, product and service names, designs, and slogans are trademarks of Hernave or its affiliates or licensors. You may not use such trademarks without the prior written consent of Hernave. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS You may be provided access to third-party customer tools as part of the Services, which we do not monitor and over which we have no control or influence. You acknowledge 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 will have no liability whatsoever arising from or related to your use of optional third-party tools. Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which those tools are provided by the relevant third-party providers. We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be considered 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 any integrated third-party functionality). 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 damages or harm related to accessing third-party websites or to the purchase or use of products, services, resources, or content on third-party websites. Please carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY [NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and must not be removed or altered.] Hernave is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases made in our store are made directly with Hernave. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Hernave, including any damages, injuries, or losses arising from products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchases and transactions with Hernave.

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 the provisions of Shopify's Privacy Policy, available here. By using the Services, you confirm that you have read this Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties who may be located in a country different from your own, for the purpose of providing you with the services. Please refer to our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. We may, for example, exercise rights under this license to operate, provide, evaluate, improve, refine, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service. You further represent and warrant that: (i) you own or have all rights necessary in all Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms. We are not and will not be under any obligation to (1) keep any Feedback confidential; (2) pay compensation for any Feedback; or (3) respond to any Feedback. We may, without any obligation to do so, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service. You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality rights, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous, defamatory, or otherwise unlawful, abusive, or obscene material, nor will it contain any computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability. Where such information is not accurate, we reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders at any time and without notice (including after an order has been submitted).

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: (a) for any unlawful or harmful purpose; (b) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to upload, knowingly receive, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam, or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm Hernave, Shopify, or users of the Services, or expose them to liability. Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any portion of the Services; (c) collect or monitor the personal data of others; (d) spam, phish, pharm, or pretext on the Services; (e) use robots, spiders, scraping tools, data harvesting or extraction tools, automated devices or processes, artificial intelligence tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authentication features, robot exclusion headers, or other measures we have put in place to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that any part of these Terms has been violated.

SECTION 14 – AGENTS 14.1 This section (Agent Terms) applies if you use, permit, enable, or cause an Agent to access, use, or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and that may run on behalf of or through the person's device without direct supervision. 14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements set out in Section 14.4 below. Additionally, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service. 14.3 We may impose limits, including through technical measures, on the ways and conditions under which an Agent may access, use, and interact with the Services. 14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request originates from an Agent and state the Agent's name by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) not conceal or obscure the fact that any access, use, or interaction originates from an Agent — for example (a) by mimicking human behavior and interaction patterns, or (b) by completing or circumventing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt designed to determine whether interactions originate from a human or a computer; (iv) not bypass or otherwise avoid any measure intended to block, limit, modify, or monitor whether and how Agents access, use, or interact with the Services.

SECTION 15 – TERMINATION We may terminate this agreement or your access to the Services (or any part thereof), in our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination. Even upon termination, the following sections will remain in effect: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES The information presented on or through the Services is made available for general informational purposes only. 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 disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents. EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, 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 LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE 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 WITHOUT LIMITATION 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 ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, 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 PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 – INDEMNIFICATION You agree to indemnify, defend, and hold harmless Hernave, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party or arising from (1) your breach of these Terms of Service or the documents incorporated herein 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 claim, provided that any failure to provide timely notice will not relieve you of your obligations except to the extent you suffer material prejudice. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documentation.

SECTION 19 – SEVERABILITY In the event that any provision of these Terms of Service is determined 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; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT Our failure 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 21 – ASSIGNMENT You may not delegate, transfer, or assign this Agreement or any of the rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 22 – GOVERNING LAW These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the federal and state or territorial laws of the jurisdiction in which Hernave is located. You and Hernave consent to the exclusive jurisdiction and personal jurisdiction of such courts.

SECTION 23 – HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 24 – CHANGES TO 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 to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated 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.