Overview
Welcome to EverHearth. In these terms, "we", "us" and "our" mean Millify Limited, trading as EverHearth. We operate this store and website, including all related content, features, tools and products (the "Services").
These Terms of Service, together with any policies referenced in them, set out your rights and responsibilities when you use the Services. Please read them — they include important information about warranties and about the limits of our liability.
By browsing or buying from us, you agree to these Terms and to our Privacy Policy. If you don't agree with them, please don't use the Services.
Our store runs on Shopify, which provides the platform that lets us sell to you.
1. Eligibility and your account
By agreeing to these Terms you confirm you are at least the age of majority where you live, or that you have a parent or guardian's consent.
To place an order you may need to give us information such as your email address and billing, payment and delivery details. You confirm that what you give us is accurate, current and complete, and that you're entitled to use the payment method you provide.
If you create an account, you're responsible for keeping your login details secure and for everything that happens under your account. Accounts can't be sold, shared or transferred.
2. Our products
We photograph and describe our products as accurately as we can. Colours and finishes can still look different on your screen depending on your device and its settings, and small variations are normal in handmade and hand-finished items.
Product descriptions and specifications may change without notice. We may discontinue a product, or limit quantities available to any person, region or jurisdiction, at our discretion.
3. Orders
Placing an order is an offer to buy. We may accept or decline any order at our discretion, and an order isn't accepted until we confirm it and your payment has been processed.
Please review your basket before submitting — see our Refund Policy for the short window in which changes and cancellations are possible.
Products bought from us are for personal or household use. They're not for commercial resale.
4. Pricing and payment
Prices, discounts and promotions can change without notice. The price that applies is the one shown when you place your order, as confirmed in your order confirmation email.
Unless we say otherwise, prices exclude customs duties and import taxes. Shipping is free — see our Shipping Policy for details on duties, which remain your responsibility.
Promotions may carry their own terms. Where those conflict with these Terms, the promotion terms apply to that promotion.
You confirm that the payment details you give us are accurate, that you're authorised to use the payment method, and that you'll pay the amounts due at the prices shown.
5. Shipping and delivery
Delivery timescales are estimates and are not guaranteed. We're not liable for delays caused by carriers, customs, weather or other events outside our control. Full details are in our Shipping Policy.
Once we hand a parcel to the carrier, risk of loss passes to you — subject to the protections in our Refund Policy for parcels confirmed lost in transit, and to your statutory rights.
6. Intellectual property
The Services — including all text, images, video, graphics, product photography, page design and their selection and arrangement — belong to EverHearth or our licensors, and are protected by copyright, trademark and other intellectual property laws.
You may use the Services for your own personal, non-commercial purposes. You may not copy, reproduce, republish, distribute, modify or create derivative works from any part of them without our written permission.
"EverHearth", our logo and our product names are our trademarks. Other names and logos appearing on the Services belong to their respective owners.
7. Third-party tools and links
The Services may include tools and links provided by third parties, which we don't control or monitor. These are made available "as is", without warranty or endorsement, and your use of them is at your own risk.
If you follow a link away from our store, you leave at your own risk. We're not responsible for the content, accuracy, products or practices of other websites — read their terms and policies before you transact with them.
8. Our relationship with Shopify
EverHearth is powered by Shopify, which provides the platform for the Services. All sales and purchases you make in our store are made directly with EverHearth.
By using the Services you acknowledge that Shopify is not responsible for any aspect of any sale between you and EverHearth, including any injury, damage or loss arising from products purchased. You release Shopify and its affiliates from claims, damages and liabilities arising from your purchases and transactions with us.
9. Privacy
Personal information collected through the Services is handled in line with our Privacy Policy. Because the Services are hosted by Shopify, some personal information is also processed by Shopify under its own privacy policy.
Information you submit may be transmitted to and stored in countries other than where you live, so that we and our partners can provide the Services to you.
10. Reviews and other content you send us
If you send us reviews, photos, ideas, suggestions or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free, sub-licensable licence to use, reproduce, adapt, publish and display it, including for marketing.
You confirm that: you own or have the rights to the Feedback; you've disclosed any payment or incentive you received in connection with it; and it doesn't breach these Terms or anyone else's rights.
We're not obliged to keep Feedback confidential, to pay for it, or to respond to it. We may remove Feedback we consider unlawful, abusive, misleading or otherwise objectionable.
You must not post Feedback that is defamatory, obscene, infringing or unlawful, impersonate anyone, use a false email address, or misrepresent where the Feedback came from.
11. Errors and omissions
Occasionally information on the Services may contain typographical errors or inaccuracies — in product descriptions, pricing, promotions, delivery timings or availability.
We may correct errors and update information at any time without prior notice, including after you've placed an order. Where a pricing error is obvious and you could reasonably have recognised it as an error, we may cancel the order and refund you in full rather than fulfil it at the incorrect price.
12. Acceptable use
You may use the Services for lawful purposes only. You must not use them to:
- break any law or regulation
- infringe our intellectual property rights or anyone else's
- harass, abuse, defame or harm any person
- transmit false or misleading information
- send spam, chain messages or unsolicited advertising
- impersonate another person or entity
- upload viruses or other malicious code
- scrape, crawl, spider or harvest data
- interfere with or circumvent security features of the Services
We may suspend or terminate access at any time if we believe these Terms have been breached.
13. Termination
We may end this agreement or suspend your access to the Services at our discretion. You remain liable for any amounts owed up to the date of termination.
Sections that by their nature should survive termination will do so — including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification and Governing Law.
14. Disclaimer of warranties
Information on the Services is provided for general information only. We don't warrant that it is accurate, complete or useful, and any reliance you place on it is at your own risk.
Except as expressly stated by EverHearth, the Services and all products offered through them are provided "as is" and "as available", without representations, warranties or conditions of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement. We don't guarantee that the Services will be uninterrupted, timely, secure or error-free.
Some jurisdictions don't allow the exclusion of implied warranties, so parts of this section may not apply to you. Nothing in these Terms limits or excludes your statutory rights as a consumer.
15. Limitation of liability
To the fullest extent permitted by law, EverHearth and our directors, officers, employees, affiliates, agents, contractors and suppliers — and those of Shopify — will not be liable for any indirect, incidental, special, punitive or consequential loss, including lost profits, lost revenue, lost data or replacement costs, arising from your use of the Services or any product bought through them.
Where liability cannot lawfully be excluded, our total liability is limited to the amount you paid for the order giving rise to the claim.
Nothing in this section limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
16. Indemnity
You agree to indemnify and hold harmless EverHearth, Shopify and our respective affiliates, officers, directors, employees and agents from any claims, losses, damages and reasonable legal costs arising from your breach of these Terms, your breach of any law or third-party right, or your use of the Services.
17. Severability
If any provision of these Terms is found unlawful or unenforceable, it will be enforced to the fullest extent permitted and severed from the rest. The remaining provisions stay in force.
18. Waiver and entire agreement
Our failure to enforce any right or provision doesn't waive it.
These Terms, together with the policies published on this site, form the entire agreement between you and us regarding the Services, and supersede any earlier agreements or communications.
19. Assignment
You may not transfer or assign these Terms or your rights under them without our written consent. We may transfer or assign them without notice.
20. Governing law
These Terms are governed by the laws of the jurisdiction in which EverHearth is established, and you and we submit to the courts of that jurisdiction.
21. Changes to these Terms
The current version of these Terms is always on this page. We may update them at any time by posting a revised version, and material changes take effect as notified. Continuing to use the Services after changes are posted means you accept them.
22. Contact
Questions about these Terms should go to contact@theeverhearth.com.
EverHearth
Email: contact@theeverhearth.com
