Terms of Service

OVERVIEW
Welcome to DeVera! The terms "we," "us," and "our" refer to DeVera. DeVera operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). DeVera is powered by Shopify so that we can deliver the Services to you.

The following terms and conditions, including all policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and address subjects such as 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 with these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

ARTICLE 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are of legal age under the laws of the state or province where you live, and that you have given us permission to allow any minor family members to use the Services on devices you own, purchase, or manage.
To use the Services, including visiting or browsing our online stores or purchasing products or services we offer, we may ask you to provide certain information, such as your email address and your 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 have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account login credentials and for all activities carried out in your account. You may not transfer, sell, assign, or license your account to anyone else.

ARTICLE 2 – OUR PRODUCTS

We strive to provide the most accurate possible description of our products and services in our online stores. However, please note that the colors and appearance of products may differ from how they appear on your screen. This depends on the type of device you use to access the store and the device’s settings and configuration.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or match the depiction or description in our store.
All product descriptions may be changed at any time, without prior notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products we offer per person, per region, or per jurisdiction, on a case-by-case basis.

ARTICLE 3 – ORDERS

When you place an order, you are making an offer to purchase. DeVera reserves the right to accept or refuse your order, at our sole discretion, for any reason. Your order is not accepted until DeVera has confirmed it. We must have received and processed your payment before your order is accepted. Please review your order carefully before submitting it. DeVera may not be able to honor a request to cancel an order once it has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you through the email address, billing address, and/or phone number provided during checkout.
You may return or exchange purchases only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use only, and not for commercial resale or export.

ARTICLE 4 – PRICING AND BILLING

Prices, discounts, and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time you place the order, and will be stated in the confirmation email you receive after placing your order. Unless expressly stated otherwise, listed prices exclude taxes, shipping fees, handling fees, customs duties, and import charges.
Prices displayed in our online stores may differ from prices in physical stores, or in online stores or other outlets managed by third parties. From time to time, we may offer promotions for the Services that may affect pricing and are subject to separate terms and conditions, which will take precedence over these Terms in case of conflict.
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 details, including your email address, credit card numbers, and expiration dates, so that we can process your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges will be approved by the credit card company; and (iv) you will pay all charges incurred at the posted prices, including shipping and handling fees and applicable taxes, if any.

ARTICLE 5 – SHIPPING AND DELIVERY

We are not liable for delays in shipping and delivery. All delivery times provided are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Once we deliver products to the carrier, ownership and risk of loss are transferred to you.

ARTICLE 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, texts, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of DeVera, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.
These Terms permit you to use the Services solely for personal, non-commercial purposes. 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 grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of DeVera, Shopify, or any third party. Unauthorized use of the Services may violate federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved by DeVera.
The names, logos, product names, service names, design elements, and slogans of DeVera are trademarks of DeVera or its affiliates or licensors. You may not use such trademarks without prior written permission from DeVera. The names, logos, product names, service names, design elements, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS

You may be given access to customer tools provided by third parties in connection with the Services. We do not monitor these tools and have no control over or influence on them.
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 shall not be liable in any way for damages arising from or related to your use of optional third-party tools.
You use optional tools offered through the site entirely at your own risk and discretion. You are solely responsible for ensuring that you are familiar with and agree to the terms under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.

ARTICLE 8 – LINKS TO THIRD PARTIES

The Services may contain materials and hyperlinks to websites that are offered or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites to which you wish to gain access. If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk.
We shall not be liable for any damages or adverse consequences related to your visit to third-party websites, or to your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the policies and practices of the third party and ensure that you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products and services must be directed to the third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANTS: This article accurately describes Shopify’s relationship with your store and must not be removed or modified.]
DeVera uses Shopify so that we can provide you with the Services. However, all sales and purchases you make in our store are handled directly with DeVera. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and DeVera, including injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with DeVera.

ARTICLE 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can view here. By using the Services, you confirm that you have read the applicable Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services is transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than your own, so that they can provide you with services. Please read our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.

ARTICLE 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 for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed all compensation or incentives you received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms. We are not now, nor in the future, obligated to (1) keep your Feedback confidential; (2) compensate you for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we in our sole discretion determine to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, otherwise objectionable, or in violation of intellectual property rights or these Terms of Service.
You agree that your Feedback does not infringe on the rights of third parties, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You further agree that your Feedback does not contain defamatory, otherwise unlawful, abusive, or obscene material, nor does it contain computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of Feedback. You are solely responsible for the Feedback you provide and its accuracy. We are not responsible for and assume no liability for any Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS

From time to time, there may be information provided about or in the Services that contains typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information. We may also cancel orders if relevant information is inaccurate, at any time and without prior notice (including after you have placed an order).

ARTICLE 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services (a) for unlawful or harmful purposes; (b) to violate international, national, federal, or provincial laws, regulations, rules, or local ordinances; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or others; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or re-use material that does not comply with these Terms; (g) to transmit or facilitate the sending of any advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to otherwise engage in activities that restrict or inhibit anyone’s use of the Services, or which, as determined by us, may harm DeVera, Shopify, or users of the Services, or expose them to liability.
In addition, 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 part of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated these Terms.

ARTICLE 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without prior notice. You remain liable for all amounts due up to and including the date of termination.
The following provisions shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions which, by their nature, should survive termination.

ARTICLE 15 – DISCLAIMER OF WARRANTIES

The information provided about or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services, or anyone who may be informed of its contents.

UNLESS EXPRESSLY STATED BY DeVera, 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, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO 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. IN SOME JURISDICTIONS, LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES OR OTHER WARRANTIES ARE RESTRICTED OR NOT PERMITTED. THEREFORE, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

ARTICLE 16 – LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, DeVera, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF 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 PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES, OR OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARTICLE 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless DeVera, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against all costs relating to losses, damages, liabilities, or claims, including reasonable legal fees, that must be paid to a third party as a result of or arising from:
(1) your breach of these Terms of Service or any 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 in the event of a claim subject to indemnification, provided that failure to give timely notice will not relieve you of your obligations unless you are materially prejudiced by such failure. We may assume the defense and settlement of any such claim at your expense, including the engagement of counsel, but we will not settle claims that impose non-monetary obligations on you without your consent (which you may not unreasonably withhold). You are required to cooperate in the defense of claims subject to indemnification, including by providing relevant documents.

ARTICLE 18 – SEVERABILITY

If 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. The unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

ARTICLE 19 – WAIVER; ENTIRE AGREEMENT

The failure by us 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, together with any policies or operating rules posted by us on this site or in relation to the Services, constitute the entire agreement and understanding between you and us, and govern your use of the Services. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, 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.

ARTICLE 20 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so shall be deemed void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

ARTICLE 21 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with our Services shall be governed by and construed in accordance with the federal and state- or province-specific courts of the jurisdiction in which DeVera has its headquarters. You and DeVera agree to submit to the jurisdiction and personal venue of the relevant courts.

ARTICLE 22 – HEADINGS

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

ARTICLE 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. Updates and changes will be posted on our website. It is your responsibility to check our website regularly for changes. We will provide notice of material changes to these Terms in accordance with applicable law. Such changes shall take effect on the date specified in the notice. By continuing to access or use the Services after changes to these Terms of Service have been made, you accept those changes.

ARTICLE 24 – CONTACT INFORMATION

Questions about the Terms of Service should be directed to us at limboshopify2@hotmail.com.
Our contact details are as follows:
limboshopify2@hotmail.com