Term of service

GENERALITIES

PeachMeHappy manages this website. Throughout the site, the terms "we", "us" and "our" hereinafter refer to PeachMeHappy. PeachMeHappy offers this website, including all the information, tools and services made available on this site to you, the user, as long as you accept all the terms, conditions, policies and notices contemplated herein.

By visiting our site and/or buying something from us, you interact with our "Service" and acknowledge as binding the following terms and conditions (hereinafter referred to as "Terms of Service", "Terms"), including those additional terms and conditions and the policies mentioned here and/or available through a hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, suppliers, customers, merchants and/or who contribute content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms of Service. If you do not accept all the terms and conditions of this agreement, you will not be able to access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

New features or tools that are added to the current store will also be subject to the Terms of Service. You can review the latest version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes on our website. It is your responsibility to check this page periodically to see the changes. Your use of the website or access to it continuously after the publication of any changes constitutes acceptance of those changes.

Our store is hosted at Shopify Inc. They provide us with the online e-commerce platform that allows us to sell you our products and services.

SECTION 1: TERMS OF THE ONLINE STORE

By accepting these Terms of Service, you declare that you are of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and that you have given us your consent to allow any of the minors who depend on you to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, by using the Service, violate the laws of your jurisdiction (including but not limited to, copyright laws).

It will not transmit any computer worms or viruses or any code of a destructive nature.

Failure or violation of any of the Terms will result in the immediate termination of your Services.

SECTION 2: GENERAL CONDITIONS

We reserve the right to refuse service to anyone, for any reason, at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions on several networks; and (b) changes to adapt to and comply with the technical requirements of network or device connection. Credit card information is always encrypted during the transfer over the networks.

You agree not to reproduce, duplicate, copy, sell, resell or take advantage of any part of the Service, use of the Service or access to the Service or any contact on the website through which the service is provided, without our express written permission.

The headings used in this agreement are included for ease of reading only and will not limit or affect these Terms.

SECTION 3: ACCURACY, COMPLETENESS AND CHRONOLOGY OF THE INFORMATION

We are not responsible if the information available on this site is not accurate, complete or up to date. The material presented on this site is provided for general information only and should not be trusted or used as the only basis for making decisions without consulting main, more accurate, more complete or more recent sources of information. By relying on any material on this site, you do so because of your account and risk.

This site may contain certain historical information. Historical information is inevitably not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we are not obliged to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4: MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products are subject to change without prior notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without prior notice at any time.

We will not be liable to you or to any third party for any modification, price change, suspension or interruption of the Service.

SECTION 5: PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have done everything possible to show as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.
We reserve the right, but we are not obliged, to limit the sales of our products or services to any person, geographical region or jurisdiction. We can exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or product prices are subject to change at any time and without prior notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer of any product or service made on this site is not valid where such product or service is prohibited.

We do not guarantee that the quality of any product, service, information or other material that you have purchased or obtained will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to reject any order you place in our store. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed with the same customer account, the same credit card or orders that use the same billing or shipping address. In the event that we make a change or cancel an order, we will try to notify you via email or the billing address / phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by merchants, resellers or distributors.

You agree to provide complete and accurate purchase information and current account, for all purchases made in our store. You agree to quickly 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 necessary.

For more information, see our Return Policy.

SECTION 7: OPTIONAL TOOLS

We can provide you with access to third-party tools that we do not monitor, have no control over them, nor do we contribute.

You acknowledge and agree that we provide access to such tools "as they are" and "as available" without warranties, representations or conditions of any kind and without any kind of endorsement. We will not have any responsibility as a result of or in relation to your use of optional third-party tools.
Any use you make of the optional tools offered through the site is at your own risk, and you must ensure that you are familiar with the terms according to which the relevant third-party providers supply such tools and approve them.

We may also, in the future, offer new services or features through the website (including the launch of new tools and resources). These new features or services will also be subject to these Terms of Service.

SECTION 8: THIRD PARTY LINKS

Some content, products and services available through our Service may include resources from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, nor do we guarantee or assume any obligation or responsibility for the resources or websites of third parties, or for any other material, product or service of third parties.

We are not responsible for any loss or damages related to the purchase or use of goods, services, resources, content or any other transaction made in connection with third-party websites. Carefully review third-party policies and practices, and make sure you understand them before participating in any transaction. Complaints, claims, concerns or questions regarding third-party products should be addressed to them.

SECTION 9: USER COMMENTS, OPINIONS AND OTHER COMMUNICATIONS

If, at our request, you send certain specific communications (for example, participation in a contest) or, without a request from us, send creative ideas, suggestions, proposals, plans or other materials, either online, by email, by postal mail, or otherwise (hereinafter and collectively, 'comments'), you agree that we can, at any time, without restriction: edit, copy, publish, distribute, translate and use any comment you send us in any means. We have and will not have any obligation (1) to keep any comments confidential; (2) pay any compensation for any comments; or (3) respond to any comments.
We may, but do not have the obligation to monitor, edit or remove content that in our sole discretion we determine to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene or objectionable, or that infringes the intellectual property of either party or of these Terms of Service.

You agree that your comments will not infringe any rights of third parties, including copyright, trademark, privacy, personality or other personal or property right. In addition, you agree that your comments will not contain defamatory, illegitimate, abusive or obscene material, nor will they contain any computer viruses or other harmful software that may affect in any way the functioning of the Service or any related website. You cannot use a false email address, pretend to be someone else or deceive us or deceive third parties about the origin of the comments. You are solely responsible for the comments you make and their accuracy. We do not assume any responsibility or obligation for comments posted by you or by a third party.

SECTION 10: PERSONAL INFORMATION

The sending of the personal information you make through the store is governed by our Privacy Policy. To see our Privacy Policy.

SECTION 11: ERRORS, INACCURACIES AND OMISSIONS

There may be information on our site or on the Service that, occasionally, contains typographical errors, inaccuracies or omissions that may be related to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or cancel orders if any information on the Service or on any related website is inaccurate at any time without prior notice (even after you have submitted your order).

We assume no obligation to update, modify or clarify the information on the Service or on any related website, including but not limited to, pricing information, except when required by law. No specified update or update date applied on the Service or on any related website should be taken to indicate that all information on the Service or on any related website has been modified or updated.

SECTION 12: PROHIBITED USES

In addition to the prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content (a) for any illegal purpose; (b) to request others to perform or participate in any illegal act; (c) to violate any regulations, norm, law or local international, federal, provincial or state ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, damage, slander, slander, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) to send false or misleading information;

(G) upload or transmit viruses or any other type of harmful code that affects or may affect the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track the personal information of others; (i) send spam, phishing, pharm, pretext, spider, track or extract; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, or other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for infringing any of the prohibited uses.

SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or guarantee that your use of our service will be uninterrupted, timely, safe or error-free.

We do not guarantee that the results that can be obtained from the use of the service will be accurate or reliable.

You agree that periodically, we may delete the service for indefinite periods of time or cancel the service at any time, without notifying you.

You expressly agree that your use of the service or the inability to use it is at your risk. The service and all products and services that are delivered to you through the service (unless otherwise specified by us) are offered "as is" and "as available" for use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, commercial quality, fitness for a particular purpose, durability, title and non-infringement.
In no case will PeachMeHappy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damage of any kind, including but not limited to; loss of profits, loss of income, loss of savings, loss of data, replacement costs or similar damages, whether by contract, damage (including negligence), strict or other liability, arising from your use of any of the services or any product purchased through the service, or For any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind that has been incurred as a result of the use of the service or any content (or product) published, transmitted or made available through the service, even if it is reported.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

SECTION 14: COMPENSATION

You agree to indemnify, defend and hold harmless PeachMeHappy and our parent company, subsidiaries, affiliates, associates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, that a third party has incurred due to your breach of these Terms of Service or the documents they incorporate as a reference or arising from your breach of them, or for the violation of any law or rights of a third party you make.

SECTION 15: DIVISIBILITY

In the event that any provision of these Terms of Service is determined to be illegal, null or unenforceable, that provision will nevertheless be enforceable to the extent permitted by applicable law, and the unenforceable party will be considered separate from these Terms of Service, without such determination affecting the validity and enforceability of the other provisions.

SECTION 16: TERMINATION

The obligations and responsibilities of the parties incurred before the termination date will remain in force after the termination of this contract for all purposes.

These Terms of Service are in force unless you or we terminate them. You can terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you stop using our site.

If in our opinion you violate, or we suspect that you have breached any term or provision of these Terms of Service, we may also terminate this agreement at any time without prior notice and you will remain responsible for all amounts due, including up to the termination date; and/or consequently we may deny you access to our Services (or part of them).

SECTION 17: COMPLETE AGREEMENT

Failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules that we have published on this site or with respect to the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service, superstituting any previous or contemporaneous agreements, communication or proposals, whether oral or written, between you and us (including but not limited to, previous versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18: APPLICABLE LAW

These Terms of Service and any separate agreements by which we provide you with Services will be governed by and construed in accordance with the laws of KY, United States.

SECTION 19: CHANGES TO THE TERMS OF SERVICE

You can review the latest version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically to see the changes. Your use of our website or the Service or your access to any of them on an ongoing basis after the publication of any changes to these Terms of Service, constitutes acceptance of such changes.

SECTION 20: CONTACT INFORMATION

Questions about the Terms of Service should be sent to peachmehappy@gmail.com.