Terms of service
OVERVIEW
Welcome to Everlasting Grace Formalwear! The terms “we”, “us” and “our” refer to Everlasting Grace Formalwear. Everlasting Grace Formalwear operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Everlasting Grace Formalwear is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas 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 . If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
Everlasting Grace Formalwear specializes in new and pre‑loved formal gowns, including prom dresses, evening gowns, and special‑occasion attire.
We make every effort to accurately represent our products, including condition, size, and color. However, colors or product appearance may vary depending on your device settings and display.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they appear online.
All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Everlasting Grace Formalwear reserves the right to accept or decline your order at our discretion. Your order is not accepted until we confirm acceptance. Payment must be received and processed before your order is accepted.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we decline, modify, or cancel an order, we will attempt to notify you using the contact information provided at checkout.
Your purchases are subject to return or exchange solely in accordance with our Refund & Return Policy.
You represent and warrant that your purchases are for personal use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will appear in your order confirmation email.
Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices in our online store may differ from prices in our physical location or third‑party platforms.
You agree to provide current, complete, and accurate purchase and account information for all transactions. You agree to promptly update your information so we can complete your transactions and contact you as needed.
You represent and warrant that:
• the payment information you provide is true and complete
• you are authorized to use the payment method
• your payment method will honor the charges
• you will pay all charges incurred, including taxes and shipping
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control.
Once products are transferred to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
All content on the Services—including trademarks, text, images, graphics, product descriptions, and design—is owned by Everlasting Grace Formalwear, its affiliates, or licensors, and is protected by intellectual property laws.
You may use the Services for personal, non‑commercial purposes only. You may not reproduce, distribute, modify, create derivative works, publicly display, or transmit any material without our written consent.
All trademarks, logos, and branding associated with Everlasting Grace Formalwear are the property of Everlasting Grace Formalwear. Shopify’s trademarks belong to Shopify. All other trademarks belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third‑party tools that we do not monitor or control. You acknowledge that such tools are provided “as is” and “as available” without warranties or endorsements.
Your use of optional third‑party tools is entirely at your own risk. You should ensure you understand the terms under which such tools are provided.
Future new features or tools will also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third‑party websites or materials. We are not responsible for examining or evaluating the content or accuracy of third‑party sites.
Your use of third‑party websites is at your own risk. We are not liable for any harm or damages arising from your use of third‑party products, services, or content.
Please review third‑party policies before engaging in any transaction with them.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Everlasting Grace Formalwear is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Everlasting Grace Formalwear. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Everlasting Grace Formalwear, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Everlasting Grace Formalwear
SECTION 10 - PRIVACY POLICY
All personal information collected through the Services is subject to the Everlasting Grace Formalwear Privacy Policy and certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read and understand these privacy policies.
Because our Services are hosted by Shopify, Shopify collects and processes personal information related to your access and use of the Services in order to operate, maintain, and improve the platform. Information you submit through the Services will be transmitted to and shared with Shopify and certain third‑party service providers, which may be located in countries other than your own, for the purpose of providing the Services to you.
Please review our Privacy Policy for more details on how Everlasting Grace Formalwear, Shopify, and our partners collect, use, store, and protect your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant Everlasting Grace Formalwear 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. This includes using Feedback to evaluate, enhance, and promote our products and Services.
You represent and warrant that:
(i) you own or have all necessary rights to the Feedback;
(ii) you have disclosed any compensation or incentives received in connection with your Feedback; and
(iii) your Feedback complies with these Terms.
We are under no obligation to:
1. maintain your Feedback in confidence;
2. provide compensation for your Feedback; or
3. respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your Feedback will not violate any third‑party rights, including copyright, trademark, privacy, or personal rights. You further agree that your Feedback will not contain unlawful, abusive, or obscene material, or any malware or harmful code. You may not use a false email address or mislead us or others as to the origin of any Feedback. You are solely responsible for the accuracy and legality of your Feedback. Everlasting Grace Formalwear assumes no liability for Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. Everlasting Grace Formalwear reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been submitted.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose
(b) to violate any laws or regulations
(c) to infringe upon our intellectual property or that of others
(d) to harass, abuse, insult, defame, intimidate, or harm any person
(e) to submit false or misleading information
(f) to upload or transmit material that violates these Terms
(g) to send unsolicited advertising or spam
(h) to impersonate any person or entity
(i) to engage in conduct that restricts or inhibits others’ use of the Services or that may harm Everlasting Grace Formalwear, Shopify, or users of the Services
You also agree not to:
(a) upload or transmit viruses or malicious code
(b) reproduce, duplicate, copy, sell, or exploit any part of the Services
(c) collect or track personal information of others
(d) spam, phish, pharm, pretext, spider, crawl, or scrape
(e) interfere with or circumvent security features of the Services
We reserve the right to suspend, disable, or terminate your account without notice if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
Everlasting Grace Formalwear may terminate this agreement or your access to the Services at any time, without notice, in its sole discretion. You remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination
SECTION 15 - DISCLAIMER OF WARRANTIES
All information provided through the Services is 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 at your own risk.
EXCEPT AS EXPRESSLY STATED BY EVERLASTING GRACE FORMALWEAR, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY 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 do not guarantee that the Services will be uninterrupted, timely, secure, or error‑free. Some jurisdictions do not allow the exclusion of implied warranties, so these limitations may not apply to you.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, EVERLASTING GRACE FORMALWEAR AND ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.
This includes any errors or omissions in content, or any loss or damage incurred as a result of using the Services or any products made available through the Services.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Everlasting Grace Formalwear, Shopify, and their respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any claims, damages, liabilities, or expenses (including reasonable attorneys’ fees) arising out of:
1. your breach of these Terms
2. your violation of any law or third‑party rights
3. your use of the Services
We will notify you of any indemnifiable claim. We may control the defense and settlement of such claims at your expense. You agree to cooperate fully in the defense of any such claim.
SECTION 18 - SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. This determination does not affect the validity or enforceability of the remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of Everlasting Grace Formalwear to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by Everlasting Grace Formalwear on this site or in connection with the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. These Terms supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and Everlasting Grace Formalwear (including 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 20 - ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent. Any attempted assignment without such consent is void.
Everlasting Grace Formalwear may transfer, assign, or delegate these Terms and our rights and obligations under them without notice or consent.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements under which Everlasting Grace Formalwear provides Services shall be governed by and construed in accordance with the laws of the state in which Everlasting Grace Formalwear is headquartered. You and Everlasting Grace Formalwear consent to the exclusive jurisdiction and venue of the federal and state courts located in that jurisdiction.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
The most current version of the Terms of Service is always available on this page.
Everlasting Grace Formalwear reserves the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes as required by applicable law, and such changes will take effect on the date specified in the notice.
Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
tmoreno6@yahoo.com
Everlasting Grace Formalwear
Email:
Business Address:
Phone Number:
Business Registration Number:
VAT Number (if applicable):