Terms of service
Terms of Service
1. Agreement to Terms By accessing or purchasing from EverGlow (the "Site"), you agree to these Terms of Service ("Terms") and to our Refund, Shipping, and Privacy Policies, which are part of these Terms. If you do not agree, do not use the Site or place an order. We may update these Terms at any time; continued use of the Site means you accept the updated Terms.
2. Eligibility You must be at least 18 years old, or the age of majority where you live, to make a purchase. By ordering, you confirm that all information you provide is accurate, complete, and yours to use.
3. Products and Pricing All products are subject to availability. We may limit quantities, discontinue products, or refuse or cancel any order at our discretion, including orders that appear fraudulent. Prices and descriptions may change without notice. If a product is listed at an incorrect price due to an error, we may cancel the order and refund any amount charged, even after confirmation.
Product images and videos are for illustration. Actual products may vary slightly in size, color, brightness, or appearance due to screens, lighting, and manufacturing variations. Video playback quality depends on the file you upload.
4. Orders and Payment By submitting an order, you authorize us to charge your payment method for the full amount, including applicable taxes. You are responsible for providing accurate shipping and contact information. We are not responsible for delays, losses, or costs caused by incorrect information you provide.
5. Shipping and Risk of Loss Shipping is governed by our Shipping Policy. Delivery times are estimates and are not guaranteed. Risk of loss passes to you once the order is handed to the carrier; delivered-but-missing packages are handled as described in our Shipping Policy.
6. Returns and Refunds All returns, refunds, replacements, and cancellations are governed exclusively by our Refund Policy. By purchasing, you confirm that you have read and accept its conditions, including its time limits and proof requirements.
7. Payment Disputes If you have a problem with your order, you agree to contact us first through our Contact page and give us a reasonable opportunity to resolve it before filing a dispute or chargeback with your bank. We reserve the right to provide order details, tracking, communications, and these Terms to your payment provider to respond to any dispute.
8. Product Use Use products only as intended and follow included instructions. We are not responsible for damage or injury caused by misuse, modification, water exposure, dropping, or use with incompatible chargers or devices. You are responsible for the content you upload to your product and for having the rights to it.
9. Intellectual Property All content on the Site, including text, graphics, logos, images, videos, and designs, belongs to EverGlow or its licensors. You may not copy, reproduce, or distribute it without our written permission.
10. Prohibited Conduct You agree not to use the Site for any unlawful purpose, submit false or fraudulent orders or claims, file disputes in bad faith, attempt unauthorized access to our systems, or interfere with the Site's operation. We may refuse service or cancel orders for violations.
11. Disclaimer of Warranties EXCEPT AS EXPRESSLY STATED IN OUR REFUND POLICY, THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERGLOW AND ITS OWNERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF DATA OR CONTENT, ARISING FROM YOUR USE OF THE SITE OR ANY PRODUCT. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.
13. Indemnification You agree to indemnify and hold harmless EverGlow and its owners, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your breach of these Terms or misuse of the Site or products.
14. Dispute Resolution and Arbitration Any dispute relating to these Terms or a purchase shall be resolved through final and binding individual arbitration rather than in court, except that either party may bring qualifying claims in small-claims court. Claims may be brought only in an individual capacity, not as a plaintiff or class member in any class or representative action. You waive any right to a jury trial to the fullest extent permitted by law.
15. Governing Law These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-law principles. Any dispute not subject to arbitration shall be resolved exclusively in the state or federal courts located in California.
16. Severability If any provision is found unenforceable, the rest of these Terms remain in full effect.
17. Contact Questions about these Terms can be sent through our Contact page.